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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/04/1985 Kent, Washington March 4, 1985 Regular meeting of the Kent City Council was called to order at 7:00 o'clock p.m. by Mayor Hogan. Present: Mayor Hogan, Councilpersons Johnson, Kelleher, Leahy, White and Woods, City Administrator Cushing, City Attorney DiJulio, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Councilpersons Bailey and Biteman were not in attendance at the meeting. PERSONNEL Kathy McClung of the Planning Department was introduced by Planning Director Harris. Mayor Hogan presented Ms. McClung with a plaque honoring her as Employee of the Month for March. (CONSENT CALENDAR ITEM 5K) Amendment to Deferred Compensation Plan - Ordinance. ADOPTION of Ordinance 2541. providing for authorization for the Mayor to sign the amendment to the Deferred Compensation Plan authorizing release of employee invest- ments in accordance with the provision of the Deferred Compensation Program. The amendment allows employees to withdraw invested funds under the provisions of the Plan. At the February 15, 1985 committee meeting, the Finance and Personnel Committee recommended that the amendment be approved. CONSENT CALENDAR WHITE MOVED to approve the Consent Calendar Items A through L with the exception of Item J which was removed at the request of ,Johnson. Motion carried. (CONSENT CALENDAR ITEM 5A) MINUTES Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 19, 1985. HEALTH & (CONSENT CALENDAR ITEM 5F) SANITATION LID 319 - 38th Avenue S. Sanitary Sewers. ADOPTION of Ordinance 2540 creating LID 319. The public hearing was conducted on January 21, 1985. CONSENT CALENDAR ITEM 5G) Emergency Sewer Repair (116th Avenue S.E. & S.E. 256th. CONCURRENCE that an emergency situation did in fact exist in the area of 116th Avenue S.E. and S.E. 256th Street and ACCEPTANCE as complete of the emergency repair work done by Universal Utility Contractors in the amount of $1.17,266.34. AUTHORIZATION to transfer $117,266.34 from the Unencumbered Sewer Fund to the 1983 Sanitary Sewer Replacement Fund. - 1 - March 4, 1985 STREETS Bids - LID 297 - Meeker St. Improvement West Valle Highway to Green River e Did opening was nein February 13, 1985 and eight bids were received. Upon the staff recommendation, LEAHY MOVED to accept the low bid of $1,557,310.66 from Scarsella Brothers. White seconded. Motion carried. LID 317 (45th Place S. - Street Repair and Asphalt Overlay. This date has been set for the public hear- ing on the confirmation of the final assessment roll for LID 317. Public Works Wickstrom reviewed the improvements constructed in the LID and the method of distribution of assessments, noting that the pro- ject cost of $31,287.42 was 10.6% lower than the original estimate of $35,000.00. The public hearing was opened by Mayor Hogan. There were no comments from the audience and the Clerk noted no correspondence had been received. LEAHY MOVED to close the public hearing, White seconded. Motion carried. KELLEHER MOVED that the City Attorney be directed to prepare the ordinance confirming the Final Assessment Roll for LID 317, White seconded. Motion carried. TRAFFIC CONTROL (CONSENT CALENDAR ITEM 5E) Woodland Way Traffic Problems. AUTHORIZATION to pro- ceed with the plan of action as recommended by staff and Public Works Committee in accordance with a memo- randum to the Council . POLICE DEPARTMENT (CONSENT CALENDAR ITEM 5C) Disposition of Property Seized. ADOPTION of Ordinance 2539 relating to disposition of property seized/for- feited as discussed in workshop on February 25, 1985. . FIRE DEPARTMENT Bids - Pumper/Aid Units for Fire Dept. Two bids were received on February 21 for two pumper/aid units for the Fire Department. Chief Angelo recommends accep- tance of the low bid of Starline Equipment Company in the amount of $337,314.00 excluding tax, for both units. WHITE MOVED to award the bid in accordance with the above recommendation, Kelleher seconded. Motion carried. PARKS DEPARTMENT (CONSENT CALENDAR ITEM 5L) Kaibara Park - Resolution. ADOPTION of Resolution 1050 establishing the name of Kaibara Park for the park at Meeker Street and First Avenue. 2 - March 4, 1985 PLAT (CONSENT CALENDAR ITEM 5H) Foster Plat Agreement. AUTHORIZATION for the Mayor to sign the agreement between the State and the Foster Company for construction of a new street with curb, gutter and sidewalk, for which the City will assume continued ownership and maintenance. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through March 6, 1985 after auditing by the Finance Committee at its meeting at 4:00 p.m. on March 15, 1985.. (CONSENT CALENDAR ITEM 5D) Treasurer's Certificate for LID 309. ACCEPTANCE of Treasurer's certificate on prepaid collections on LID 309 in the amount of $41,882.28. The remaining unpaid assessments in said district amount to $80,412.22. (CONSENT CALENDAR ITEM 5I) Request for Time Payment Charge in Lieu of Assessments. AUTHORIZATION to allow a time payment of a charge, in lieu of assessment in the amount of $784.60 by Les Loken, for a side sewer connection at 23206 100th Avenue S.E. SOLAR ACCESS (CONSNET CALENDAR ITEM 5J) (REMOVED AT THE REQUEST OF COUNCILMEMBER JOHNSON) Solar Access Setbacks. An ordinance has been prepared to amend Chapter 15 of the Kent City Code relating to Solar Access Setbacks. JOHNSON MOVED to amend the proposed ordinance on the bottom of Page 4, Section 6, to add the following: "AND SHALL THEREAFTER BE IN FORCE AND EFFECT FOR THE PERIOD OF ONE YEAR UNLESS RE-ENACTED BY ORDINANCE." Johnson noted that the purpose of his amendment is to require the Council to review the ordinance after one year. In response to questions from Woods, Johnson noted that although he had not discussed the proposed amendment with Bailey he was of the opinion that it covered Bailey's concerns. Mayor Hogan questioned whether passage of the ordinance could be postponed - 3 - March 4, 1985 SOLAR ACCESS and it was determined that there would be no pro- blem with this. JOHNSON WITHDREW his motion and MOVED to delay action on the ordinance until Bailey's return to the City. Woods seconded and the motion carried. VALLEY STUDIES Green River Special Interest District. This date has been set for a public hearing to consider the draft ordinance for the Green River Special Interest District submitted to the Council at the workshops of January 28, 1985 and February 25, 1985. The public hearing was opened by Mayor Hogan. A letter was read by Carol Stoner of the Green River Study Group supporting the proposed ordinance. A copy of the letter was filed for the record. Ted Knapp, Upland Industries, referred to Section 1 (B) Location. . ."provided, further, this District shall also include "Unique and Fragile Areas" beyond the 1000 foot corridor. . ." Knapp contended that this did not apply to the sewage lagoon, noting that it had been provided for by the 200 foot buffer surrounding it and that it was not the intent at that time to apply all the condi- tions listed in the ordinance to that area, such as building height and length, etc. Harris concurred with this. Referring to Section 10, relating to rail lines, Knapp pointed outthat the ordinance did not seem to address the fact that upon completion of the Valley Studies it had been determined that Uplands had been allowd to penetrate the 500 foot area to the river in three locations, on each side of the Puget Sound right-of-way as it affects the Uplands property and also at a third location, on the northwesterly property line of Uplands. He noted that the ordinance provided for only two of the rail lines and asked that the ordinance include this item. Harris noted that this was consistent with his understand- ing of the provision for rail lines. In response to questions from the Mayor it was determined by DiJulio that a legal description would be required and Knapp concurred that this would be furnished prior to preparation of the ordinance. Knapp concluded by asking that the Council be flexible and open in how the provisions of the ordinance are im- plemented, referring especially to loading docks and to the size of buildings along the river. 4 - March 4, 1985 VALLEY STUDIES JOHNSON MOVED to close the public hearing, Woods seconded. Motion carried. KELLEHER MOVED to approve the amendments to the Kent City Code as recommended with the revisions noted at this hearing and to direct the City Attorney to prepare the ordinance. Woods seconded. Motion carried. STORM DRAINAGE Storm Drainage. This date has been set for the public UTILITY hearing on the Storm Drainage Utility. Testimony will be taken and the hearing will be continued to the March 18th Council meeting, and the matter will be discussed at the workshop of March 11. Public Works Director Wickstrom stated that the Valley Studies program, concluded in 1979, pointed out that a drainage utility was needed after assessing the impact of existing and potential development. In 1981 the Council authorized URS and Matrix to assist the Public Works Depart- ment in the development of such a program. Five public meetings were held in various locations throughout the City. The meetings were advertised in the newspaper and 500 letters were sent to randomly selected property owners; but only 30 people attended meetings. The development of the Drainage Master Plan and the Rate Ordinance included input through a Citizen Committee and a Technical Committee. Both committees included a cross-section of the community and included also staff members from the surrounding areas and from State agencies. Throughout the committee process, fourgeneral citizen meetings were held and a presentation was made to the general membership of the Chamber of Com- merce. Notices of these meetings were sent to 7,000 city utility customers, however, a total of only 111 attended meetings. Wickstrom noted that the proposed utility has been developed through an open process with extensive public involvement and that notices of this public hearing were sent through a mass mailing. Wickstrom noted further that in 1982, due to the signifi- cant local cost , sponsorship of the Eastside Green River Watershed Project was withdrawn, leaving the City with no solution of coping with drainage problems for a com- munity which had been transformed from rural to densely urban. Using slides of a FEMA inundation map, he noted that when trees and soil are replaced by impervious roof- tops and parking lots and the streams and creeks are filled to capacity, a drainage problem is bound to exist. Basins north and east of the Green River were determined 5 - I March 4, 1985 STORM DRAINAGE to have major problems with a significant potential for UTILITY high frequency flooding on Mill Creek between Smith Street and Central Avenue and between S. 218th and S. 192nd. Erosion problems exist on the upper branches of both Garrison Creek and Mill Creek. Using slides, Wickstrom noted the minimal freeboard of the Green River, pointing out that although the River flow is controlled by Howard Hansen Dam, development_ on the upstream basins are suffi- cient to cause the dike to overflow in a 200 year storm event. He showed slides of the extent of such a catas- trophe in 1958. He noted that FEMA's 1980 map did not consider the flood potential of the Green River, that FEMA figures are based on a 100 year storm event and their freeboard requirment is three feet. On the Green River this equates to less than a foot difference to that of the 200 year event. A three foot freeboard will raise the first floor building requirements for all new development . Wickstrom noted that the development of the Master Plan included solutions to these drainage problems and alternates were considered before the final recommended program was selected. The proposed capital improvement program is estimated to cost $8.8 million. Wickstrom showed slides and charts comparing the costs and benefits of the alter- native programs, showing that the program proposed and recommended meets all of the objectives and is the least costly. The proposed program consists of: Construction of a Valley Detention System (Lagoon Site) Detention Basin in lower reaches of Garrison Creek Expansion of Upper Mill Creek detention basin from 12 acres to approximately 60 acres Minor improvements in all basins Green River levee improvements Proposed financing of the project was shown on the screen, with Wickstrom explaining that it is anticipated that the 1985 improvement program will be financed entirely through the sale of revenue bonds with subsequent years to be a combination of cash and bonds. He noted that the costs would be allocated back to the respective benefitted basins, which is more equitable than raising taxes to finance the program. The following charts describe the financing proposal : 6 - March 4, 1985 STORM DRAINAGE 160[0$( UTILITY + JI North 32em S! DM STUDY AREA DRAINAGE BASINS 0 X 1 Miles TOTAL: REVENUE REQUIREMENTS 1985 1986 1987 1988 1989 1Capital Improvement 775 1226.6 1519.5 1552.0 1522.0 Maintenance & Operation 709 833.3 1019.5 1378.7 1484.2 Total 1484 2059.9 2539.0 2900.7 3006.2 1 Represent Debt Service & Coverage factor associated with capital facilities In order to meet the total revenue requirements identified in the last table shown above. the following rates and connection charges are recommended: 7 — March 4, 1985 SUMMARY OF RATES STORM DRAINAGE $/ESU/NIONTH UTILITY BASIN 1985 1986 1987 1988 1989 Westside 0.92 1.07 1.19 1.57 1.66 (P, N. M, L. H, D, E, a F) Mill Creek Upper (G) 2.453 3.622 3.811 4.209 4.316 Lower (A) 2.502 3.774 4.078 4.535 4.671 LID tf306 (A1) 1,066 1.327 2.875 2.019 2.148 Garrison Creek Lower (B) 2.111 2.372 4.041 4.300 4.766 Upper (J & I) 2.062 2.220 3.775 4.626 4.411 Direct (C) 0.969 1.222 1.456 1.896 2.015 CONNECTION CHARGE $/YR/ACRE BASIN G 150 1 135 A 165 B 150 C & A 15 All Other 0 ';'ickstrorr. explained that one ESU (equivalent service unit) equals 2500 square feet of impervious surface and was the figure used for single family residential lots. Un- developed property will not be charged and developed properties will be charged based upon the total ESUs for each. Highly developed properties with over 40% lot coverage impact the drainage system more severely and should, therefore, pick up a large portion of the costs. The public hearing was opened by Mayor Hogan. The City Clerk read a letter from the Kent Model Boaters relating to their use of the Kent Lagoon since 1976. The letter has been filed for the record. Bill Hornell, spokesman for the group, noted that he would submit a proposal to have the group included in the new plan for the lagoon area. Harlan Bull of 20601 S.E. 100th noted that raising the river levees would be very expensive and noted that the two acres that he owned would cost more than $500 per month. He noted that he was not against this proposal but that no credit had been given to developers who had spent thousands of dollars in retention facilities to take care of water on their own property. He also noted that King County Drainage District #1 took care of the excess water for many properties and yet no credit has been given for this. He suggested that this program be slowed down - 8 - March 4, 1985 STORM DRAINAGE and consideration be given to putting this proposal to UTILITY the vote of the people. He opined that most of the citizens were not aware of the individual costs to property owners. Wickstrom noted that the existing systems were not designed to handle excessive amounts of storm water. Upon questions from Keith Minkler of 338 First Avenue S. , Wickstrom explained that charges would become a part of the utility bills. Gene Bremner of 716 S. 3rd suggested that the proposal be implemented in 1986, using the money collected in 1986 to start the contracts in 1987, thus operating on a cash basis, saving interest charges. Ron Hazen of 724 Fourth Avenue South, agreed with Bremner and noted further that Kent's water rate was at least 100% more than surrounding communities, and in some cases as much as 300% more. He suggested that the City should give consideration to the rates already paid by Kent citi- zens, and further that the City should make a water rate study. He noted that one month he had paid in excess of $70 for utilities. Mayor Hogan suggested that Mr. Cushing look into the utilities bill referred to by Hazen. Chuck Lambert of 4821 Kent Des Moines Road agreed that some action had to be taken, and noted further that the owners of his apartment complex had a pond on the site and that storm water was not going into the City's system at all. He stated that some credit should be given to those property owners who had made such provisions. j Howard Brigg, an architect from Eatonville, noted that he represented some owners of property in the Garrison Creek area. Wickstrom clarified that after 1989 there would be no charges for capital improvements, the changes would only be for maintenance and operation. He conceded that there j could be some errors in the aerial maps used and explained the appeal process through the Hearing Examiner. Briggs objected to the figures used establishing rates in accordance with the percentage of the area covered with impervious surface, pointing out an owner with 40% coverage paid the same as an owner with 60% coverage. He stated that the owners above the Garrison Creek area should pay a share inasmuch as some of the water came down the hill from their property. It was determined that the City's Land Use Plan extended to the year 2000. Wickstrom pointed out that the only capital improvement project for 1985 was the upper Mill Creek Detention Basin improvement and acquisition of rights-of-way. Improvement to the S. 212th Street levee was to solve an immediate problem and the Green River Management Agreement pro- 9 - i March 4, 1985 STORM DRAINAGE vided that when the Green River levees were raised in UTILITY Kent, the other valley cities would also raise their levees. Wickstrom noted for Gordon Park of 11216 S.E. 228th that there were only two classes of property; single family residential and developed, and further stated that rates could be reduced after the 20 year period for the bond debt service had elapsed. Bryan Nelson of 1210 E. Maclyn agreed with prior comments about the high utility rates already existing in Kept. Wickstrom explained the rates proposed for the drainage utility and the reasons for same for the West Hill area and explained the capacity of the Earthworks facility. Ted Knapp noted that Uplands favored this proposal even though it is expensive. He stated that the City could consider giving credit for large systems already installed which were designed for the 25 year storm event. Glenn Votaw stated that the Chamber of Commerce had approved the concept of this project and would be making a recom- mendation regarding the rates, including the possibility of credits for existing detention facilities. Wickstrom explained that retention facilities store the water in the ground until it percolates or evaporates and that credit will be given for this type of existing facility. Detention facilities store the water and release it over a period of time, and credit will not be given for this type of facility. He noted that property owners such as Harlan Bull who pay charges to Drainage District #1 will be credited, and that the District will continue to operate. Upon a question from the audience, City Attorney DiJulio noted that to submit this proposal to the vote of the people would be an advisory ballot only. Wickstrom explained that a pay-as-you-go plan would increase the revenue required for the first year's expenses from $1.5 million to $3 million for acquisition of the rights- of-way. He noted that this was the reason for financing through bonds. After all who wished to speak had done so, WOODS MOVED to continue the hearing to March 18. Johnson seconded and the motio carried. Mayor Hogan noted that the Council would consider the comments made tonight at their workshop of March 11. - 10 - i March 4, 1985 STORM DRAINAGE The following documents have been filed for the UTILITY record: City of Kent Surface Drainage Utility Drainage Master Plan and Executive Summary thereof - City of Kent Financial Plan and Revenue Program for Storm Drainage Utility and Executive Summary thereof - Drainage Utility Option Summary COUNCIL COMMITTEES Public Works & Planning Committee. Kelleher noted that the meeting scheduled for March 7 to review the KVYS unsuccessful attempt to obtain agency funding for a new building had been changed to March 13, 3:00 p.m. , in the third floor conference room. Parks Committee. Woods noted that the Parks Committee would meet at 4:00 p.m. on March 7 in the third floor conference room. Council President Johnson noted that in response to his memo regarding membership on the various committees, three councilmembers had expressed interest in serving on other committees. Accordingly, Johnson announced the following changes: Biteman - Moved to Finance Committee from Public Works & Planning Kelleher - Moved to Public Safety from the Finance Committee White - Moved to Public Works & Planning from Public Safety Committee Cushing noted that a meeting with Lyle Sumek had been scheduled for Wednesdav, March 13 from 4:00 to 8:00 p.m. ADJOURNMENT WHITE MOVED that the meeting be adjourned at 9:05 p.m. , Kelleher seconded. Motion carried. Marie Jensen, CMC City Clerk 11 -