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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/06/1986 i Kent, Washington January 6 , 1986 I I Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present : Councilmembers Bailey, Biteman, Houser, Johnson, White and Woods , City Administrator Cush- ing, City Attorney DiJulio, Principal Planner Hansen and Public Works Director Wickstrom. Also present: Assistant City Administrator Webby, Fire Chief Angelo, Finance Director McCarthy and Parks Director Wilson. Approximately 60 people were in attendance at the meeting. COUNCIL Oath of Office. The City Clerk administered the oath of office to newly elected Councilmembers Biteman, Houser and Johnson. (Mayor Kelleher was sworn in on December23 . ) All are four year terms. PERSONNEL Employee of the Month. The Street Division has been chosen to receive the Employee of the Month award for January. Public Works Director Wickstrom noted the dedication of the employees during the snow in November. The crew worked many hours each day in order to keep the city streets in service. Street Supervisor Bob Hughes and Assistant Johnnie Nall accepted the award from Mayor Kelleher, on behalf of the entire crew. CONSENT JOHNSON MOVED that the Consent Calendar Items A CALENDAR through H be approved, Woods seconded. Motion carried. MINUTES ( CONSENT CALENDAR ITEM 5A Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of December 16 , 1985 . HEALTH & ( CONSENT CALENDAR ITEM 5E ) SANITATION 1983 Sanitary Sewer Improvements - Phase II. ACCEPT as complete the contract with Universal Utility Contractors, Inc. for construction of the 1983 Sanitary Sewer Replacement Phase II and re- lease of the retainage after receipt of the necessary releases from the State. STREETS (CONSENT CALENDAR ITEM 5F) LID 321 - 104th Avenue S.E. Street Improvements - Resolution. ADOPTION of Resolution 1088 setting February 3 as the hearing date on formation of LID 321 . - 1 - January 6 , 1986 STREETS (CONSENT CALENDAR ITEM 5H) Y High- way Proposed LID 320 - James Street - West Valle Hi h- way to Russell Road - Escrow Agreement. AUTHOR- IZATION for Mayor to sign escrow agreement for proposed LID 320 guaranteeing payment of assess- ment by property owner. 76th Avenue South Condemnation - Ordinance. As recommended by the Public Works Department, this ordinance provides for the condemnation of property necessary for the improvement of 76th Avenue South from South 212th Street, a distance of approxi- mately 1600 feet. Negotiations with the property owners have not resulted in a settlement. Nego- tiations may continue during the course of the condemnation proceedings. JOHNSON MOVED to adopt Ordinance 2601 entitled: AN ORDINANCE of the City of Kent, Washington, providing for the laying off, opening and widening of portions of 76th Avenue South from South 212th Street southerly for a distance of 1600 . 00 feet, more or less , in the City of Kent. ( 76th Avenue South Improvements . ) Woods seconded and the motion carried. WATER ( CONSENT CALENDAR ITEM 5G) Clark Springs. AUTHORIZATION to transfer $46 , 000 from Unencumbered Fund in the Water Utility to the Clark Springs project fund for restoration of a flow capacity of the Clark Springs Trans- mission Main as recommended by the Public Works Director. CBD LID 313 - CBD Improvements. This date has been IMPROVEMENTS set for the public hearing on the final assess- ment roll for LID 313 , for which the City Clerk has given proper legal notice. Wickstrom' s memo dated January 2 , 1986 , which was distributed with the agenda packet, was accepted as part of the record on Woods ' motion, seconded by White. The Clerk noted receipt of a letter of protest from Patricia Crockett, owner of the Creamery, a copy of which was distributed to the Council tonight. The letter was filed for the record. Wickstrom described the project, as outlined in the seven page memo. It was noted that the LID was created on October 17 , 1983 by Ordinance 2430 , with protests totaling only 410 of the proposed 2 - January 6 , 1986 CBD assessments. He noted that due to the uniqueness IMPROVEMENTS of this project , this hearing is being held before the award of the bid. The ordinance confirming the final roll should be passed by the January 21 Council meeting, as the bid could be withdrawn on February 15. The project consists of the following items: 1. The existing planters on Meeker Street will be made permanent including pavement removal , replanting the plants, and new curb and gutter to define the planters. The configuration will change to some degree. 2. The planter at 4th and Meeker will be redone completely with all new landscaping. Within the planter will be four sign posts with cantilever arms. Letters spelling "KENT" will hang from each arm. Also the trellis, kiosk and benches will be located in the planter area below the signs. 3. A single gateway sign, the same as described for 4th/Meeker, will be installed at 1st/Meeker and lst/Titus in the northeast corner of the intersections. 4. Fourteen historical street lights will be installed on 1st Avenue between Gowe and Titus Street. The existing lighting will be removed. 5. A concrete crosswalk will be installed on 4th Avenue on the east side across Meeker Street. The concrete surface will have a square scoring pattern. The sidewalk at each end of the crosswalk will also be redone with the scoring pattern. 6. Eight street trees will be placed on the east side of 1st Avenue between Gowe Street and the City park at Titus Street. 7. The sidewalk will be rebuilt along the City park on lst Avenue between Gowe and Meeker Street. A canopy will be constructed over the sidewalks. Landscaping will be placed along the canopy. 8. Pylon signs will be placed at four locations within the CBD to give parking and merchant information. Two tall signs: Indicates parking and shows map of CBD businesses with number-keyed merchant listing. One each in the two City parking lots. Two small signs: Same as the tall except no map or merchant listings. Has directional arrows to City parking lots. One at N.W. corner of 2nd/Gowe One at N.E. corner of 4th/Titus g. newl be Several catchwbasinse o will bej ust east installed on Meeker Street because of the curb revisions. 10. Gowe Street and Meeker Street will receive an asphalt overlay. 11. Under separate contract and funding, the street lighting on Meeker Street will be fixture. Lights ewill ealso tben placed ew ewhere scurrently s poles nMissi d modern light Missing- 3 - January 6 , 1986 CBD Wickstrom noted that the assessments total $440, 509. 8_ IMPROVEMENTS and explained the City ' s participation as follows : City Costs The City will be funding the balance of the project cost: Total Estimated Cost $773,470.59 L.I.D. Total $440,509.89 Total City Cost $332,960.70 Current Budget 264,000.00 Potential Over run $ 68,960.70 (paid by City) The total estimated cost includes a contingency amount of $61,756.67. If the contingency fund is not needed, the over run would be reduced to $7,204.03. However, assuming the worst case, it is recommended to cover the costs as follows: 1. Delete City engineering time. Current amount: $19,030.08 (Also do not charge future City construction engineering) 2. from Drainage Utility 49,930,62 (towards drainage system) TOTAL $68,960.70 Wickstrom explained the ten year payment plan for assessments , noting that the interest would be at the current rates. He pointed out that one property owner had already filed bankruptcy, and some decision would have to be made as to how to handle the $44 , 492 . 74 involved. Upon Paul Morford ' s question, Wickstrom clarified that it had always been anticipated that some funds from the Drainage Utility would be used for overall city improvements , and in this project , $49 , 930. 62 would be used toward the drainage system. Upon Bill Stewart ' s question, Wickstrom estimated that the project could start in early March and be completed in July. Patricia Crockett noted that the notice of the hearing was received on December 20 , 1985 and that this did not allow sufficient time to have the property appraised, in an effort to show the value of the property both before and after the improvements. It was determined for Woods and White that Crockett had protested the formation of the LID in 1983 . Wickstrom noted that the proposed assessments had not changed since 1983 and that the appraisals could have been done during the two year interim. On Biteman' s question, DiJulio noted that on an LID assessment appeal , the court is bound to consider only evidence brought before the Council and that there would be no opportunity for new or different evidence at the - 4 - i I i January 6 , 1986 CBD appeal stage. There were no further comments IMPROVEMENTS from the audience and WOODS MOVED to close the public hearing. Johnson seconded and the motion carried. WOODS MOVED that the City Attorney be directed to prepare the ordinance confirming the final assessment roll for LID 313 , Johnson seconded. Motion carried. JOHNSON MOVED that $49 , 930. 62 be transferred from unencumbered funds of drainage utility to this project. Biteman seconded. Motion carried. JOHNSON MOVED that Council recognizes potential for additional City liability in the amount of $44, 492 . 74 related to assessments on properties in the L. I . D. which are in bankruptcy and Council accepts such financial responsibility upon exhausting all other avenues of collection. Biteman seconded and the motion carried. MIDWAY LANDFILL Temporary Permit - Methane Extraction Well at Fire Station #73. On December 23 , 1985, a Washing- ton State Department of Ecology engineer met with City representatives concerning the need for the DOE to respond to an emergency methane condition 1 f Kent Fire Department existing in the vicinity o p Station No. 73 located at 3536 S. 252nd Street. Following a review of the conditions which are the apparent result of methane migration from the Midway Landfill , the affected departments con- cluded that an interim authorization for access would be appropriate subject to future conditions and restrictions that may be imposed upon the pro- posed methane gas extraction well by the Kent City Council . Upon the recommendation of the City Attorney, BAILEY MOVED to authorize the Fire Department to issue the required temporary use permit. Woods seconded and the motion carried. Biteman noted j that another family had been moved from the York- shire area. Upon Johnson' s question, Chief Angelo noted that the extraction well would be located on the northwest section of the lot. Greg Wingard noted that there were questions of concern such as the total amount of gas to be released and the danger of fire or explosion. It was pointed out that the memorandum from Assistant City Attorney Bill Williamson listing the terms and conditions for the permit and also - 5 - January 6 , 1986 MIDWAY LANDFILL containing pertinent questions has been distributed to the Council and has been made a part of the record. FINANCE (CONSENT CALENDAR ITEM 5B ) Approval of Bills. APPROVAL of payment of the 1985 bills received through January 7, 1986 and 1986 bills received through January 9 , 1986 after audit- ing by the Finance Committee at its meeting at 4 : 00 p.m. on January 15 , 1986 . CITY HALL (CONSENT CALENDAR ITEM 5C) Energy Modifications to City Hall. AUTHORIZATION for the Mayor to sign a grant agreement with Puget Sound Power and Light Company and to hire Control Contractors , our heating and air conditioning contractor, to proceed with the modifications of our heating and cooling system. PARKS (CONSENT CALENDAR ITEM 5D) Kaibara Park Contract Completion. ACCEPTANCE of the Kaibara Park, Phase 2 , contract with New Ventures Nursery and Landscaping as complete and AUTHORIZATION to release the retainage upon receipt of the releases from the State. ZONING CODE Proposed Amendment to the Zoning Code Tree Preserva- tion Regulations. Upon direction of the Public Works and Planning Committee the Planning Depart- ment presented suggested amendments to the current tree regulations to the Planning Commission. The Commission held four workshops for discussion and conducted a public hearing on November 26 , 1985. The Commission ' s recommendations for changes to Ordinance 2452 have been distributed to the Council and have been made a part of the record. The Plan- ning Department recommends that the City Attorney be instructed to draft an ordinance to make the changes. Principal Planner Hansen explained the proposed changes , noting that the existing ordinance applied to undeveloped land but did not directly apply to developed land. He rioted that some definitions had been added. He clarified that the City ' s landscap- ing regulations did not deal with existing trees. He stated that the proposal did not consider the type of tree, but that the Planning Department - 6 - January 6 , 1986 ZONING CODE tried to be flexible , with regard to the growth pattern of particular types of trees. He pointed out that the Department now has a landscape archi- tect on the staff. [goods noted that it had been six months since the Public Works & Planning Committee had suggested that the Planning Department review this item and MOVED therefore that the matter be referred again to the Committee. Johnson seconded. Bite- man suggested that the Planning Committee, Depart- ment and Commission had all considered this matter. Upon Bailey ' s question, Hansen noted that the Chamber had been invited to all meetings on this subject and he further noted that Earth Enter- prises had also had input . Johnson commented that he didn ' t think that the original ordinance had the teeth to cover what the city really wanted to protect standing trees when development occurs. Hansen pointed out that the ordinance attempts to recognize that development will occur and pro- poses to avoid any unnecessary cutting of trees. He noted that 500 trees had been clear-cut on an East Hill development. Ile stated that enforcement is limited to violations of the Zoning Code and the penalties attached thereto. DiJulio confirmed this. Bailey noted that the city had spent considerable funds on trees for beautification and suggested that the Planning Commission proposed revisions should be supported. On Wood ' s question, Hansen noted that the ordinance had been in effect since 1981 and this proposal would streamline the appli- cation and administration processes and would try to get the word out that. many stands of trees throughout the city are worth saving , and in fact, were a financial asset to a given development. He determined that without Ordinance 2452 the city would have had no recourse against a developer who clear-cut a parcel . Jim White stated he would support the motion but that he did not support the original ordinance inasmuch as the courts would have difficulty enforcing it. Paul Morford and Jean Archer noted that many meetings had been had on this subject and that action should be taken tonight without sending it to committee again. Greg Wingard spoke in favor of the amendment to the ordinance. Upon a question from Carl Ricketts, Hansen noted 7 - January 6 , 1986 ZONING CODE that the elevation remained at 3 feet from the ground, in the reference made to trees of seven-inch caliper. The motion to refer the proposed amendment to the Public Works and Planning Committee FAILED, with Woods, Johnson and White voting in favor, and Bailey, Biteman and Houser voting against. WHITE MOVED to direct the City Attorney to pre- pare an ordinance to repeal the tree ordinance. Biteman seconded and noted he would rather see provision for a percentage of construction costs allocated to landscaping. White pointed out that the ordinance was unenforceable and difficult to administer. Hansen noted that all portions of the Zoning Code were difficult at the Court level . Woods complimented the Planning Commission on the work on the proposal and noted her concern with repealing the ordinance. Barney Wilson noted that clear- cutting a lot should increase the storm drainage payment on that particular parcel. Johnson noted that the ordinance did not have the teeth required for enforcing. He opined that developers would find that people wanted trees near homes and would therefore provide this amenity. Hansen determined for Lily Pottsmith that the ordi- nance in question only affects undeveloped land. White clarified that he was not opposed to trees, that he thought common sense would be used and it was unnecessary for government to legislate in this issue. Biteman concurred and Paul Morford stated that developers did use common sense, and he favored repeal of the ordinance. Carol Stoner noted that the ordinance should be retained noting that it served several purposes including beautification, providing erosion control and providing a bird habitat. White ' s motion to repeal Ordinance 2452 carried with Woods and Bailey dissenting. COUNCIL Special Meeting. Johnson suggested that a special VACANCY meeting of the City Council be held and that after the meeting is opened, an executive session be called to review the qualifications of the candi- dates for the vacant Council position. BAILEY MOVED to call a special meeting of the City Council for Tuesday, January 14 at 5 : 00 p.m. for this purpose. Woods seconded and the motion carried. - 8 - i January 6 , 1986 COUNCIL Public Safety Committee. Biteman noted that the COMMITTEES Public Safety Committee would meet on January 9 at 4 : 00 p.m. in the second floor conference room. He noted that the Committee was short two members and appointments should be made . EXECUTIVE At 8 : 50 p.m. an executive session was called to SESSION discuss a legal matter and a matter pertaining to real estate. ADJOURNMENT The Council reconvened in open session at 9: 14 p.m. and the meeting was adjourned. f Marie Jensen, CMC City Clerk 9 -