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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/21/1984 i Kent, Washington Play 21, 1934 I 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, Johnson, Kelleher, Leahy, White and Woods, City Administrator Cushing, City Attornev DiJulio, Principal Planner Hansen, Public Tlorks Director Wickstrom and Finance Director McCarthy. Also present: Police Captain Rees, Personnel Director Webby, King County Councilman Gary Grant and Dr. George Daniels of the Kent School District. Approximately 60 people were in attendance at the meeting. CONSENT JOHNSON MOVED to approve the Consent Calendar CALENDAR Items A through M with the exception of Item Pl, which was removed at the request of Councilmember Bailey, Item C , which was removed at the request of Councilmember White, Item H, which was removed at the request of Councilmember Kelleher, and Item i which was removed at the request of Council- member Biteman. Leahy seconded. Motion carried. tiINTJTES CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of Mav 7 , 1954 . STREET Street Vacation. Resolution 1011 set this date VACATION for a public hearing for the vacation of a portion of an allev located between Ward and Smith Streets, as requested by Kent Drug, Inc. and Valley Medical Center. Proper legal notice has been given by the City Clerk. The Planning Department nas recommended approval of the street vacation with the following conditions: A. The applicant retain a utility easement on that portion of the alley to be vacated. B. Provide for ingress and egress to and from the Kent Drugs parking lot through the alley to Kennebeck Avenue. This will prevent all the Kent Drugs parking lot patrons from exiting onto Smith Street. C. Compensate the City for one-half the appraised value of that portion of the alley to be vacated (the alley is classified as a Class B alley under Ordinance 2333 which permits the City to collect one-half the appraised value of the vacated alley) . - 1 - May 21, 1984 STREET Wickstrom noted that Condition A should be changed VACATION to read: "The City shall retain a utility easement on that portion of the alley to be vacated. " The public hearing was opened by Mayor Hogan. No correspondence has been received. There were no comments and BAILEY MOVED to close the public hear- ing, White seconded. Motion carried. KELLEHER MOVED to direct the City Attorney to pre- pare the ordinance vacating the subject alley bet- ween Ward and Smith Streets with the conditions noted. Woods seconded. Motion carried. STREETS (CONSENT CALENDAR ITEM 5D) 1984 1989 Six-Year Transportation Improvement Pro- gram - Amendment. ADOPTION of Resolution 1017 adopting the Amended 1984-1989 Transportation Improvement Program as authorized at Council meeting, May 7 , 1984 . LID 297 (West Meeker Street Improvement) . A copy of an agreement with Puget Power for underground conversion of existing overhead power distribution system on Meeker Street from West Valley Highway to the Green River Bridge has been furnished to the Council. It was noted that the item had not gone through the Public Works Committee but that it is important to note that Puget Power is in the process of implementing a new tariff which, by the time the process was complete, would add $50-60, 000 to the agreement. The cost set for the agreement at this time is $54 ,000 and authori- zation is requested for the Mayor to sign the agreement with Puget Power, Woods seconded. Motion carried. LID 317 (45th Place S . Street Improvement) . Author- ization is requested to set the public hearing on the formation of LID 317 (45th Place S. Street Improvements) for June 18 , 1984 . KELLEHER MOVED for the adoption of Resolution No. 1019 setting the public hearing date for June 18 , 1984 on the formation of LID 317 . Woods seconded. Motion carried. i 2 - i May 21, 1984 EQUIPMENT (CONSENT CALENDAR ITEM 5E) RENTAL Sale of Surplus Equipment. Declaration as surplus and AUTHORIZATION to sell at the State Auction, the vehicles itemized in the Equipment Rental Superintendent' s memorandum of May 11, 1984 . This action has been recommended by the Public Works Director and concurred in by the Public Works Committee. POLICE (CONSENT CALENDAR ITEM 5F) Jail Project Pre-loading. APPROVAL of the con- cept of a phased construction program for the Jail Project and AUTHORIZATION for a call for bids for pre-loading. This was discussed at the workshop of May 14 . (CONSENT CALENDAR ITEM 5G) Jail Project - Resolution. ADOPTION of Resolution 1018 certifying that it is the City' s intent that_ the facilities built will meet all of the State' s mandatory custodial care standards. The Resolution was presented at the May 14 workshop. (CONSENT CALENDAR ITEM 5H) (REMOVED AT THE REQUEST OF COUNCILMEMBER KELLEHER) Jail Project Interlocal Agreement. WOODS MOVED to authorize the Mayor to sign an intergovernmental agreement with King County relating to cost sharing for the jail facility as discussed at the workshop of May 14 . Bailey seconded. Kelleher noted that he would abstain from voting on the issue since he was an employee of the County and Johnson con- curred. Motion carried, with Kelleher and Johnson abstaining. (CONSENT CALENDAR ITEM 5I) (REMOVED AT THE REQUEST OF COUNCILMEMBER BITEMAN) Drinking Driver Task Force Report. Biteman noted that at the last workshop meeting a report was given on the Drinking Driver Task Force. He noted that he would like to amend the report or make an addition to it to accept $55,197 . 00 in grant funding from the Washington Traffic Safety Commission for may 1984 through April 1985. At Mr. Biteman' s request, Ford Kiene, Chairman of the - 3 - May 21 , 1984 POLICE Task Force, introduced Kathleen Groshong, Program Coordinator, Kathy Seeley, Program Director, Mayor Hogan, Councilmembers White and Johnson, members of the Task Force, Stephen DiJulio, member of the Steering Committee, and Task Force Member, Dr. George Daniels. Biteman congratulated the Task Force on an outstanding job. In response to Biteman' s questions, Kathy Seelev reported that of the citizens who had responded regarding the Police Department Services that the DWI enforcement was listed as their number one priority. She suggested that this was due to the members of the Task Force and the media for the tremendous cover- age given. JOHNS014 MOVED to accept the Drinking Driver Task Force Report subject to the revisions outlined by Mr. Biteman, Kelleher seconded. Motion carried. Valley Com. Mayor Hogan noted that a report had been received this week regarding the alternatives for improvement of the Valley Communications Center Building and facilities. She noted that the Mayors involved in the Valley Com project will meet on May 31 to review the alternatives and hope- fully at that time select one that can be recommended to the participating Councils. She pointed out that a report would most likely be brought back at a workshop. Mayor Hogan noted that it appeared at this time that possibly the preferred alternative seemed to be the one which cost approximately $700,000 of which the City of Kent would share at a cost of about $225 , 000. CIVIL Appointment. Mayor Hogan referred to a handout SERVICE given to the Council this evening with regard to COMMISSION an appointment to fill the vacancy on the Civil Service Commission. She noted that Michele Hinz was a mutual friend of both herself and Council- member Jim `white and they were recommending her for appointment to the Civil Service Commission. It was noted that Ms . Hinz had agreed to serve in this capacity. [WHITE SO MOVED to confirm the appointment, Bailey seconded. Motion carried. 4 - May 21, 1984 PARKS & Kent Memorial Park Recreation Building Remodel. RECREATION Bids for the Kent Memorial Park Recreation Build- ing Remodel were opened Thursday, May 17, 1984 . A bid tab and recommendation will be ready for the May 21, 1984 Council meeting. BAILEY MOVED that a contract be awarded to Thomas Haight Construc- tion in the amount of $24 ,986 . 00 for the Kent Memorial Park Recreation Building Remodel. Bailey noted that this was a budgeted item from last year. Woods seconded. Motion carried. (CONSENT CALENDAR ITEM 5K) Mill Creek Canyon Alternates/Budget Transfer. APPROVAL to transfer $53, 828 earmarked in the Capital Improvement Fund for additional Kent Commons Parking to the Mill Creek Canyon Improve- ment Fund to cover the cost of Alternates II, III, and IV totaling $32 , 800 plus tax, with the balance being added to the contingency fund. ARTS (CONSENT CALENDAR ITEM 5M) COMMISSION (REMOVED AT THE REQUEST OF COUNCILPERSON BAILEY) Funding for the Arts. Bailey noted that this item had been removed from the Consent Calendar to change the wording to read that authorization was being requested for a permanent source of funding for public art through the Arts Commission. Bailey clarified the intent of the change was to remind the Council of their support and intent of the Council as a whole at the workshop when further consideration of the real estate tax was refused. He stated that the item was to reaffirm the Council ' s support of public art through the Arts Commission. He noted that it was the intention of the Parks Department to pursue ways and means of funding this program and it was expected that a report would be forthcoming during the next week. BAILEY MOVED to authorize a permanent source of funding for public art through the Arts Commission, Woods seconded. Motion carried. Arts Commission Appointment. Ilayor Hogan proposes to appoint Grace Hiranaka to the Arts Commission to replace Betty Vickers. This term will expire in October 1987 . JOHNSON MOVED to confirm the Mayor ' s appointment, Woods seconded. Motion carried. - 5 - May 21, 1984 CENTRAL (CONSENT CALENDAR ITEM 5L) BUSINESS LID 313 - Agreement with MAKERS. AUTHORIZATION DISTRICT for the Mayor to sign an agreement with MAKERS for architectural and urban design services for LID 313 , Central Business District Improvement Project, as recommended by the Public Works Director and concurred in by the Public Works Committee. WEST HILL (CONSENT CALENDAR ITEM 5C) PLAN (REMOVED AT THE REQUEST OF COUNCILMEMBER WHITE) West Hill Plan Resolution. White noted that he had this item removed from the Consent Calendar for clarification on the map. He referred to the area along Military Road and S. 243rd and the Limited Commercial designation this was given on the old West Hill portion of the Comprehensive Plan. White clarified that it was the intent of the Council during the hearings that the old map should stay as it was. He pointed out that the map which was distributed shows an area of a block deep on S. 243rd and Military Road when in fact it should be 200 or 300 feet deep. Hansen agreed that the map distributed incorrectly does not reflect the intent of the Council for the alignment of the Commercial/Office area in the vicinity south of S. 243rd. Bailey referred to Page 15 of the Staff Report, Goal 5 , Objective 1 , which states: "GOAL 5: Coordinate fire, emergency medical and police service which will assure the health, safety and protection of West Hill citizens and their property. " "Objective 1: Assure that response times do not exceed an average of five minutes for fire calls and four minutes for emergency medical calls. " He noted that he had been absent during some of the hearings on the nest Hill Plan but questioned the impact of this objective as it affects the Fire Master Plan and the Police Master Plan. Johnson clarified that the Fire Master Plan has not been adopted as yet. Bailey questioned whether 6 - i i I i May 21, 1984 WEST HILL Chief Angelo had been consulted on this pa rticular PLAN objective. Hansen stated that all department heads were furnished with copies of the draft Plan as well as the EIS and that no response had been received. Hansen clarified that the goal, objectives and policy are statements which the City may wish to attain or try to achieve at some time in the future as opposed to an item in the Zoning Code which is under a police power provision. There was no further discussion and JOHNSON MOVED for the adoption of Resolution No. 1016, with the clarifications set forth by White, [woods seconded. Motion carried. FINANCE (CONSENT CALENDAR ITEM 5J) Utility Bills. AUTHORIZATION for the City to change the utility billing cycle from bi-monthly to monthly billing, as discussed at the May 14 workshop. (CONSENT CALENDAR ITEM 5B) Approval of Bills . APPROVAL of payment of the bills received through May 18 after auditing by the Finance Committee at its meeting at 4 : 00 p.m. on May 31. Banking Services Agreement. The City has solicited j proposals from local banking institutions to pro- vide the City with a full service banking agreement for two years with the option to extend that agree- ment for one year. Five local banks responded to the request for proposals. Following a review of the proposals , the Finance Department recommends the selection of Peoples National Bank. LEAHY MOVED to approve the selection of Peoples National Bank and authorizes the Mayor to sign the agreement, Kelleher seconded. Finance Director McCarthy noted that it would he necessary to negotiate final agreement with Peoples regarding the types of services which would be available to the City. He noted that the City would also be looking at the optional services as well as a timetable for imple- menting those optional services. lotion carried. 7 - I May 21, 1984 HEALTH & Kent Highlands' Landfill. Mayor Hogan noted that SANITATION Mr. Rich Owings of the City of Seattle was in attendance at the meeting to give a presentation regarding the current conditions at the Kent Highlands. Mr. Owings noted that he would attempt to give an update on some of the activities taking place at the Kent High- lands, referring specifically to some incidents which had occurred there during the past two weeks. In clarifying the situation, he stated that the City of Seattle had, as one of the first activities to take place in developing the EIS for the closure of the two landfills, indicated that they would put test wells around the boundary or on the property lines of the two landfills. In addition, water wells would he drilled off- site to determine the quality of water going into the property and coming out of the property. Mr. Owings stated that approximately two and a half weeks into the drilling operation, in mid- April, a number of the drilling employees com- plained of nauseous conditions, vomiting and nosebleeds. When the City was advised of this on April 11, they agreed to immediately stop the drilling operation and agreed that some test j data should be taken on the gases coming out of the wells to determine what caused the problems. Mr. Owings noted that this information was sub- sequently shared with EPA, DOE, the Department of Labor & Industries and the Seattle-King County Department of Health. He noted that the samples were taken on April 122and on April 16 a meeting was held with all of the agencies to give them the data obtained. City of Kent staff and members of the staff at Puget Sound Air Pollution Authority were also advised of the results. Mr. Owings stated that the data received was disturbing because some chemical constituents were found which were surprising. The one causing the most attention was hydrogen cyanide in the emissions from the test wells . Owings clarified that some of the symptoms experienced by the drillers could be due to hydrogen sulfide which is a typical j landfill gas. Owings also noted that the measure- ments taken were industrial hygiene conditions and 8 - i May 21, 1984 HEALTH & the data taken was right at the well heads, SANITATION whereas in the past tests were made of the ambient air conditions around the landfill at the property boundaries. These tests have indicated that gases dissipate very rapidly. As a follow up to the tests, all of the wells were capped. Owings noted that the one well which was of particular concern was the one being drilled at the P4etro Park & Ride lot and he stated that this well has been abandoned and completely sealed and cemented in so there is no possibility of any member of the public coming in contact with it. The City of Seattle has j also done some samplings at the buildings around the Kent Highlands as well as the Midway landfill site and this monitoring will continue. Owings stated that although the data was concern- ing, it was felt that because of the rapid dis- sipation of the gases, it did not present a health hazard to those living in the vicinity nor to the workers. He also referred to the fact that the well drilling company did not have an adequate safety plan. Owings noted that because of the drilling operation being shut down, it would probably take about six weeks before the operation could resume and because of the delay the EIS on the closure would most likely not be done before the end of the year. Owings clarified for Biteman that only a slight trace of hydrogen cyanide was found at the new wells but there was some found in a couple of the flares. Owings indicated that more ambiary samplings would be done in the neighborhood as well as the ground and building sampling program. i Judith Dexter, a resident of the West Hill, noted that her home was about 1500 feet from the Kent Highlands Landfill. She questioned whether the years of exposure to these gases might present some health hazards in the future. Owings re- sponded by noting that the standards which were used were those set for industrial hygiene--what the limit would be if someone was to work under the conditions found. He also assured Mrs. Dexter that they were trying to minimize the emissions, and did not intend to imply the existing conditions 9 - May 21, 1984 HEALTH & were acceptable. Ms. Dexter questioned how SANITATION the levels could be minimized when they were continuing to dump garbage at the site. Owings agreed that the gases would continue to be generated for the next twenty or thirty years and noted that their consultant had been con- tacted with regard to determining if anything else can be done at this time in addition to the monitoring of the buildings and the surface or if flaring would help to control the situation. j He also pointed out that the consultants would j have to advise them as to the flares and their value so far as burning the gases emitted. Owings stated for Mrs. Dexter that sampling will be done in her neighborhood also. Lloyd Erdahl referred to his property which is situated between the landfill and the Park & Ride lot, explaining that the City of Seattle had drilled three test wells on his property. He noted that the wells were only three feet deep and questioned their value at that depth. Owings clarified for Erdahl that the well on the Park & Ride lot size was 120 feet deep and the shallow wells were drilled to determine what the level of gases would be and the like- lihood of them surfacing near his property. He pointed out that the monitoring would be continued near the Erdahl property and garage as well as inside the garage. The question was raised as to checking the migration of the gases from both sites and Owings noted that this was being monitored on a twice weekly basis . Sarah Naslund questioned whether any thought had been given to removing the polluted dirt from the area near Fred Meyers . Owings noted that litigation is pending over the Terminal 5 dirt on the Midway site. He noted that the Port of Seattle had tested all their sites and that the City of Seattle was preparing to test the one at Midway. He indicated that a grant for this work was expected during the next week. Referring to test wells that were drilled, Owings responded to questions from Bob Brown by noting 10 - I i i May 21, 1984 I HEALTH & that the consultant had been asked for advice SANITATION on how best to seal the wells completely. He noted that this might consist of some sort of a plastic seal or possibly even duct tape since there was very little pressure in the gas migra- tion, and if there is any it appeared to be intermittent. He stated these measures would be taken until a new type of permanent seal was developed. In response to questions, Owings confirmed that 33 test sites were located in the neighborhood to monitor any gas surfacing in the neighborhood. It was suggested that the exact level of gas surfacing should be checked. Reference was also made to a recent press release from the Governor's office regarding a statement that only construction debris was dumped on the side of the Midway Land- fill. The gentleman stated that he felt the news release was in error and some contact should be made with the Governor' s office to correct the statement, especially in light of the fact that the site was being considered for a share of the Super Fund. Answering Biteman' s questions as to which of the wells was responsible for the condition of the drilling workers, Owings stated that it could have been any one of the 12 new wells which were drilled. He referred again to the fact that the City of Seattle was not contacted regarding the problem with the workers until April 11 and it was determined that the supervisor knew of the problem as early as April 8. For this reason it was necessary to check all the well sites and determine if it was a generalized con- dition or just one well . Owings agreed to furnish Biteman with a chronology of events provided by the drilling company. William Heinz noted that he lived on the east side of the Midway Landfill and questioned whether the dumping of approximately two feet of top soil on top of clay would have any value. Mr. Heinz referred to Seattle ' s Gasworks Park and its closure and questioned whether Kent would end up with a similar situation if a park was put in the area as planned. i I May 21, 1984 HEALTH & Mrs. Dexter questioned why the Midway Landfill SANITATION was closed and the Kent Highlands was not when both create problems for everyone. Owings res- ponded by noting that Midway Landfill had a far less chance of being controlled adequately. He also determined that the wells were put in because of the lateral movement of methane gas. PLATER LID 316 (94th Place-S. Water Main Improvement) . This date has been set for the hearing on the creation of Local Improvement District 316 - 94th Avenue Water Main. The City Clerk has given the proper legal notice to property owners. The Director of Public Works - d.Qs- criher3 the project and the manner of assess- ing the properties. Wickstrom pointed out the location of the pro- posed LID for water main improvement, partly a rehab. He noted that the portion of 4" water main that the City was proposing to rehab was an old water main which the City had obtained from the Hamilton Road Water Company. Wickstrom further noted that there is presently a moratorium in the area for additional new service connections to that main because of its inadequacy in terms j of domestic flow. He referred to existing customers who were not getting any water during the peak summer demand. Wickstrom noted that the total Project cost was $237 ,784 . 68 , of which the LID portion was $109 , 951. 68 and the City portion was $133 ,833 . 00. He noted that the City' s share was part of the fund that was set aside in the 1982 bond issue and when the water rates were increased to set aside $200, 000 for miscellaneous replace- ments . Wickstrom pointed out that the property owners were being assessed for the oversizing to an 8" main basically designed to handle fire protection and better domestic flow. Wickstrom noted that if the project proceeds , anticipated construction is set for September with the final assessment roll probably being in April of 1985. He the).- described the method of assessment and payments. Wickstrom further noted that there was a development involved in this project up on 92nd South and S . 228th, Natural Land Group, for - 12 - i May 21, 1984 WATER a PUD. The City has a commitment from them to rebuild the main if they develop which commitment is still valid. For this reason, the City pro- posed the LID, particularly in light of the facts that City funds were available to pick up part of the costs at this time. Biteman questioned what the interest rate would be on the LID and Wickstrom noted that this would be determined at the time of sale of the bonds. Mayor Hogan opened the public hearing. It was noted that one letter had been received from David D. Edmundsen and Ann L. Johnson protesting the formation of the LID. WOODS MOVED to accept the letter for the record, Johnson seconded. motion carried. Don Hansen, 22522 94th Avenue S. , noted that in 1967 when the City took over the Hamilton Road Water Company an agreement was made whereby the existing customers of that water company would not be assessed for any improvements for 90 feet and that this agreement was a matter of record with the City of Kent. Wickstrom acknowledged the existence of the agreement and explained that when it was determined whether there was a project the City would be going to court for a declaratory judgement on the validity of the agreement. Wick- strom referred to the fact that the property owners were being assessed for less than 50% of the total costs. He stated that the matter would be pursued throua_h the Courts only if it appeared that there would-be LID participation in the project. Mayor Hogan suggested that if the property owners knew they weren' t involved or being assessed they would not protest. Wickstrom concurred but noted there were other property owners that do not have water that were not members of the original agreement. In response to Mayor Hogan' s vuestion as to whether there would be enough of the individuals to carry the project if all of the others protest, T,-iickstrom noted that it would not be a protest on the part of the old customers but rather a determination they - 13 - May 21, 1984 WATER would not be assessed. In this case, the City would be picking up their assessments also. Wickstrom responded to questions from the Mayor noting that he did not have an exact number as to the property owners involved in the original agreement. He pointed out, however, that the City did not have sufficient funds to do the project without LID participation. He also noted that the only reason the project is being considered at this time was because a need existed and that the intent at this time was to see if there was in fact any support for the LID before the legal steps referred to were set in motion. Bailey expressed his concerns, one being whether or not it was City policy in the past during the acquisition of water and sewer systems to include a no protest LID agreement, and if so, whether or not such a document was executed during the acquisition of the Hamilton Road Plater Company. His second concern was relative to fire protection, noting that the statement was made that "fire fighting capabilities are very poor" . Bailey questioned the City' s liability if the project did not move forward and this statement were true. Wickstrom responded by noting that some j no-protest agreements were signed after the take- over of the Hamilton Road Dater Company but the language was unclear and there was also some question as to who actually signed the agreements, whether is was a property owner or a contractor. Alex Butenko, 22506 94th Avenue S. , referred to papers from the City dated August 11, 1981, noting that this was about the time the Natural Land Croup PUD was under consideration. He suggested that this was the first time the City had made reference to the 8" water main and the papers referred to stated. . . "Proposed water main will be constructed by the developer. " Butenko ques- tioned what had changed since 1981 and also referred to Mr. Hansen' s contention that the City had an obligation to serve the area. Wickstrom clarified that there was a commitment on the part of the developer to construct the line but at this time 14 - i May 21 , 1984 WATER the City has no indication when the development will commence. Wickstrom clarified for Butenko that late comer charges would be assessed against those properties which are undeveloped or those which requested new meter connections. He further noted that this was probably what would be required of the developer. Mr. Butenko contended that the developer was waiting for the City and the property owners in the area to construct the main so he would be allowed to hook on to the new line. Tim Drangsholt, 26221 Woodland Way, clarified that the developer is only committed to bring the water line up the street about one-third of the way. In �3 response to questions from the audience, Wick- strom strom clarified the method of determining the assessment, noting that the assessments were distributed over the entire parcel with the first 300 feet being assessed five times the balance of the parcel. In response to questions from Dexter Dimick, 22611 94th Avenue South. , TATickstrom noted that the main would go down 94th Avenue S. Dimick also referred to other parcels of property which he owned, some on the hillside and down in the Valley, and Wickstrom clarified that only portions j of some of these properties were included in the LID and that others were served from the main on the Valley floor. Dimick expressed no disagreement with the assessments, even though the amount had increased since the inception of the proposed LID. I John Mercer, 23401 94th Avenue S. , referred to the Natural Land Group PUD and the fact that one of the conditions for approval was construction of the 8" main. He also questioned whether a change had been made in the conditions for approval and that if this were the case some compensation should be made to the property owners who would bear the cost of construction through the LID. He urged the Council to more closely examine the proposed plan and to consider all circumstances in construction of the water main and also to study what prior commitments had been made. - 15 - I i I I May 21, 1984 WATER Judy McDougall, 23405 94th Avenue S. , raised questions as to the location of the proposed 8" line. She pointed out that if the line were moved across the street there would be several properties, including her own, which would be unable to use their driveways if the grade of the street were changed. She urged that this be given careful consideration. Wickstrom noted for Ms. McDougall and Mayor Hogan that the exact location of the line in the street is an unknown factor at this time because ,of the unknown location of telephone, gas or power lines but stated that the new line would parallel the old line and would be in the street right of way. Max Dahlgren, 23714 94th Avenue S. , suggested that the question of fire service was given too much weight, noting his property was outside of the City and the property owners had received no warnings from the Fire District nor from their insurance companies about any potential hazard. He also questioned who really wanted the water main constructed and questioned which properties were not getting adequate service from the exist- ing 4" main. He suggested that more information was needed before the project was begun. Pat Hansen, 22522 94th Avenue S . , referred to the agreement signed at the time of the Hamilton Road Water Company take over in 1968 . She noted that she and other property owners who are parties to the agreement would protest the LID. Wickstrom reviewed the procedure by noting that if anyone was against the project, a formal protest in writing should be filed with the City at this time. If it is determined that more than 60% of the property owners were against the project the LID would be legally dead. Wickstrom noted that all property owners in the area were notified of this meeting and had received a copy of their proposed assessment, and all in attendance noted that they had received such a notice. Wickstrom j continued by noting that in the case of this LID the dollar amount charged to the property owners was $103, 000 so if $60 , 000 were received in pro- - 16 - i i May 21, 1984 WATER tests, determined by the dollar amount assigned to each protest, the project would not proceed. In response to questions from Kelleher, Wickstrom noted that the protests would be considered up to thirty days after the passage of the ordinance. He also noted for Kelleher that the issues raised at this meeting could be relevant to the outcome of the project. Wickstrom responded to a ques- tion from the audience by noting that no response at all would constitute a vote in favor of the project. Fred May, 23421 94th Avenue S. , suggested that those persons sending in letters of protest do so by registered mail. Mrs. Greg Prater, 22610 94th Avenue S. , questioned whether it was true that if the LID was not formed that the City would do the project at a later time. Wickstrom replied that the main would have to be replaced at some later time in any event. He also pointed out that the Natural Land Group may never develop their property. Ms. Prater suggested that the only persons concerned about the water j main replacemnt were those who were constructing new homes or condominiums. Wickstrom clarified for Bailey that if the PUD project begins, an 8" j line would be constructed by the developer up to j S. 232nd. He also noted that the persons on the other side of S. 232nd could be adversely affected by the larger line. In response to questions from the audience, Wickstrom noted that the impact of the 8" line, assuming the balance of the 4" line had not been replaced, would not be known until a hydraulic analysis was made of the existing line. Tim Drangsholt contended that there are a number of people who go without water in the summer who are in need of better service. It was determined that it depended on a property' s location on the line as to whether there was adequate water service. Bailey questioned City Attorney DiJulio as to the City' s position, assuming the LID was not formed, and there is a recognizable problem in the area 17 - I i May 21, 1984 WATER with regard to fire protection. DiJulio clarified that the issue before the Council is not the pro- testability, the ability of the residents to pro- test out an LID. He pointed out that there is a method in State law whereby an LID can be created for either sewer or water purposes solely for the purposes of public safety, which requires an analy- sis by the appropriate department. If it is deter- mined that public necessity and safety mandates such improvement there is no opportunity to protest the LID. With regard to potential liability regard- ing fire service DiJulio noted that recent deci- sions of the Supreme Court have expanded citie 's liability in such area; however, it was his guess that the City Council as the legislative authority of the City would still most likely be afforded immunity as a governmental decision, as opposed to an administrative decision, and under such circumstances liability would not attach. He stated, however, this was not 100% certain because the Court decisions change very rapidly. Mayor Hogan questioned what had been done to deter- mine the condition of the line and Wickstrom noted that they were aware of the poor condition of the line because of the number of breaks and the fact that a moratorium had been declared for any new service because of the service problems that exist. He noted for the Mayor that the television camera system was not used for water mains . Mike Smith, 22234 94th Avenue S . , referred to water pressure problems and rust in the water. Wickstrom clarified that this was because of the fact that the system was an old dead end line and not much water was getting through. It was determined that it would not be possible to hook onto the system to the north. There were no further comments and BAILEY MOVED to close the public hearing, Woods seconded. Motion carried. BAILEY MOVED to direct the City Attorney to prepare an ordinance creating LID 316 , Johnson seconded. Wickstrom clarified for Kelleher that the City 18 - I i May 21, 1984 WATER Attorney had been directed to prepare the ordi- nance which would be brought back to the Council on June 4 and following the adoption of the ordi- nance there would be a 30-day protest period. If the ordinance is passed and the 30-day period is up and less than 60% have protested, the only reason the project would be brought back to the Council is if the declaratory judgement were to go in favor of the property owners . He pointed out, however, that if the Council wished to do so, they could review the ordinance after expiration of the 30-day period for a redetermination. City Attorney DiJulio clarified that the ordinance could be repealed if the Council should so wish, and that this could be done after 45 days or 60 days , providing the contracts for the project had not been let. Concern was also expressed by the Council because they had not seen the agreement under discussion. Johnson concurred with Kelleher ' s concerns. Mayor Hogan clarified thatt the motion was to direct the Citv Attorney to prepare the ordinance and the ordinance would come back to the Council on June 4 for Council approval . If the ordinance is passed, the 30-day period for filing protests against or support for the project begins. Cushing pointed out for the Council that when the ordinance is brought back to the Council on June 4 , they will also be furnished with a copy and analysis of the agreement referred to. The motion CARRIED. ADJOURNMENT BITEMAN MOVED that the meeting be adjourned at 8 : 25 p.m. , Johnson seconded. Motion carried. An executive session followed. Betty Gray, CPS Deputy City Clerk i i 19 -