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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/17/1986 Kent, Washington i November 17, 1986 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Bailey, Dowell, Houser, Johnson, White and Woods , City Administrator McFall, Acting City Attorney Williamson, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: Personnel Director Webby. Councilmember Biteman was not in attendance. Approximately 65 people were at the meeting. PROCLAMATION American Education Week. A proclamation was read by Mayor Kelleher declaring the week of November 16 - 22, 1986 as American Education Week, and in special recognition of their contributions to the citizens in the City of Kent proclaimed November 19 as Kent School District Day and November 20 as Federal Way School District Day. PRESENTATION Public Safety Bond Committee. Mayor Kelleher presented plaques in appreciation for their work in promoting the Public Safety Bond Issue to the following members of the committee: John D'Amore Laurel Whitehurst Henry Mairs Mike Evans Dan Papke Claudia Otey Don Fronsdahl Carl Ricketts Ford Kiene Alex Thornton Greg Greenstreet Jon Johnson Juan Robertson Walter Flue Bob Bradley Jim Byrne CONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through N be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 3 , 1986 . - 1 - i November 17, 1986 STREET VACATIONS Street Vacation - Portion of S. 212th Street (Bowen) . This date has been set by Resolution 1112 to consider the vacation of a portion of S. 212th Street. The staff recommends approval with conditions that: compensated 1 . The Citybe at one-half the appraised val ue for that portion of the street vacated, 2. That the vacated portion of S. 212th St. lie 50 feet southerly from the centerline of the S. 212th Street right-of-way, 3. The City shall maintain utility easements portion of the right-of- way, the vacated p ght-of- way, including the right to grant utility easement rights to others. The Mayor opened the public hearing. There were no comments from the audience and no corres- pondence has been received. BAILEY MOVED to close the public hearing, Woods seconded. Motion carried. WOODS MOVED to vacate that portion of S. 212th Street as mentioned in Resolution 1112 with the conditions ou tlined above and to direct the City Attorney to pre- pare are the necessary ordinance upon receipt of i said compensation. White seconded and the motion carried. Street Vacation - 63rd Avenue S. (Garrick Group) . The public hearing on this street vacation was rescheduled to this date at the request of the III petitioner. The petitioner has subsequently submitted a request to table the hearing indefinitely, as they are not in agreement with staff recommendations. The Public Works Depart- ment recommends that the vacation be denied without prejudice at this time. Mayor Kelleher declared the public hearing open. There were no comments from the audience and no corres- pondence has been received. WHITE MOVED to close the public hearing. Johnson seconded and the motion carried. JOHNSON MOVED that this vacation of a portion of 63rd Avenue South requested by the Garrick Group be denied without prejudice. White seconded and the motion j carried. i - 2 - j November 17 , 1986 STREETS Reith Road Reconstruction Between S. 253rd Street and 38th Avenue S. Bid opening was held November 5, with six bidders responding to the Call for Bids. The low bid was submitted by R. W. Scott in the amount of $557, 001. 18 for the base schedule. Addition of alternate schedules would change this bid amount to $586 , 176. 18, which would still be the low bid submitted. As recommended by the Public Works Director, HOUSER MOVED that $17 , 000 be trans- ferred from completed Street Funds to the project fund and that the bid submitted by R. W. Scott for Schedules 1 , 2B, 3 , 4, 5A, 6A, 7, 8B and 9 for the Reith Road Reconstruction Project in the amount of $586, 176. 18 be accepted. White seconded. Upon White ' s question, Wickstrom noted that there would be paved shoulders rather than sidewalks. Motion carried. WATER (CONSENT CALENDAR ITEM 5E) S. 212th Street Well Facilities - Resolution. As recommended by the Public Works Committee, ADOPTION of Resolution 1117 authorizing staff to proceed on an emergency basis with the con- struction of a well facility building for the S. 212th Street Well. Guiberson Street Reservoir. Bid opening was held November 12 . Eight bids were received with Omega Contractors submitting the low bid of $167, 849 . The Director of Public Works recommended that the low bid be accepted. JOHNSON MOVED that the low bid of Omega Con- tractors in the amount of $167, 849 be accepted. Woods seconded. Motion carried. SEWER (CONSENT CALENDAR ITEM 5H) Emergency Repair of Morton Street Storm Drain (Central to Wynwood) . As recommended by the Public Works Committee, AUTHORIZATION to transfer $57, 000 from the unencumbered Sewer li Utility Funds for the Morton Street Storm Drain project. 1987 BUDGET 1987 Budget. This date has been set for a public hearing to consider public comments on the pro- posed 1987 Budget. Comments made at this hear- ing will be taken into consideration by City Council when approving and finally adopting the 1987 Budget. 3 - November 17, 1986 1987 BUDGET Mayor Kelleher declared the public hearing open. There were no comments from the audience and no correspondence had been received. WHITE MOVED to close the public hearing. Woods seconded. Motion carried. The budget will be adopted by ordinance in December. ECONOMIC Dr. Pepper Bottling Company, Inc. dba Northwest DEVELOPMENT Bottling Company. Northwest Bottling Company CORPORATION has applied for Industrial Development Bond financing through the City of Kent Economic Development Corporation in the amount of $7 , 300, 000 for acquisition of land and the construction of a facility in Kent. In accordance with TEFRA regulations, a public hearing before the Council is required. Proper legal notice has been given. Mayor Kelleher declared the public hearing open. There were no comments from the audience and no correspondence has been received. BAILEY MOVED to close the public hearing. Woods seconded and the motion carried. No further action is required at this time. (CONSENT CALENDAR ITEM 5K) Northwest Aluminum Products - EDC. In accordance with TEFRA regulations, AUTHORIZATION to set December 1 , 1986 as the public hearing date for the Northwest Aluminum Products application for Industrial Revenue Bond financing. REZONE (CONSENT CALENDAR ITEM 5J) Fortune Group Rezone - Ordinance. ADOPTION of Ordinance 2678 approving the Fortune Group rezone from MRH, High Density Multi-Family Residential to GC, General Commercial, in accord- ance with the recommendation of the Hearing Examiner. This was presented and approved at the Council meeting of November 3 , 1986. HEARING (CONSENT CALENDAR ITEM 5D) EXAMINER Teal Rezone Appeal. SETTING December 1 , 1986 APPEAL as the date to hear an appeal from the Hearing Examiner ' s recommendation to deny an appli- cation filed by the Teal Associates to rezone an area from M3 General Industrial to M2 Limited Industrial . HEALTH & (CONSENT CALENDAR ITEM 5F) SANITATION Benson Village Mobile Home Park. ACCEPTANCE of the bill of sale and warranty agreement for construction of approximately 906 feet of sani- - 4 - November 17, 1986 HEALTH & tary main improvements in the vicinity of 108th SANITATION Avenue S.E. and S.E. 220th for the Benson Village Mobile Home Park, and release of the cash bond after expiration of the one-year main- tenance period. Sewer Rate Increase. Metro sewer rates will be increased effective January 1 , 1987 from $8. 50 to $9. 70 per month. It is proposed that this increase be passed directly to the City of Kent sewer customers, increasing the sewer bill for a single family residence from $14. 70 to $15. 90 per month. Single family residential lifeline rates would increase from $12 . 50 to $13. 70 per month, and all others from $1 . 45 per 100 cubic feet to $1 . 60 per cubic feet. This will represent an approximate 8 percent increase. The Public Works Committee has reviewed this at the October 15 meeting and recommended approval. Upon White ' s ques- tion, Wickstrom noted that there was an increase in the rates last year. JOHNSON MOVED that Ordinance 2679 be adopted increasing the City of Kent sewer rates to incorporate the Metro increase. Woods seconded and the motion carried. LID 325 - 76th Avenue S Street Improvements - Ordinance. This date has been set for a public hearing on the formation of LID325 - 76th Avenue South Street Improvements. The City Clerk has given the proper legal notice to the property owners. Public Works Director Wickstrom gave the background for initiating this project and described the project as street, water main and sanitary sewer improvements along 76th Avenue South, also known as 4th Avenue, from South 212th to approximately the S. 220th block. He noted that the project includes a 44-foot wide curb-to-curb pavement, curb and gutter, sidewalks, storm drainage, illumination, landscaping, and water and sewer stubs to undeveloped properties. The project will connect 76th Avenue South from S. 212th Street to the north end of the currently improved portion of 76th Avenue South near the S. 220th block. The cost of the project is $800, 200. 28, of which $33 , 819. 50 will be funded by the City and the remainder assessed to the properties - 5 - I November 17 , 1986 HEALTH & benefitting from said improvements. He noted SANITATION that the Barnier property was classed as "open space/farm and agricultural" and was therefore exempt from LID charges, so that property on the west side of the street has been excluded from the project. Wickstrom pointed out that the City-funded portion was associated with the Barnier property, pointing out that storm drains and water stubs for this property must be done at this time. He described the financing for the proposed project, as assess- ments paid over a ten-year period, with the option of paying all or part of the assessment within a 30 day, no-interest period. He pointed out that all the property in the area is zoned industrial, and that the present street is a two lane oil-mat road with open ditches.Wickstrom pointed out that one property, Assess- ment No. 9, was in bankruptcy and that the City had two options in this case: for the City to pick up the assessment or to ask the court to lift the bankruptcy in order to make the LID assessment first on the creditor ' s list. The public hearing was opened by Mayor Kelleher. Tom Pozzi of Pozzi Brothers Transportation, asked if a traffic study had been conducted. Wickstrom stated that such a study had not been conducted but that this proposal will certainly provide some traffic relief to this area. Pozzi noted that as a dead-end street it was ideal for several trucking companies in the area. He conceded that the City needed this project so as to provide another north/south through street. He pointed out that it would become a traffic corridor for those seeking a short cut and would then be a major traffic street, without having been designed for that. David Taylor of Taylor/Edwards Warehouse con- curred with Pozzi and cited the danger of accidents in the area due to the size of the trucks. He pointed out that any drains would have to be at least as big as the existing ditches or the proposed sidewalks will be under water. Mr. Melburn of Propulsion Systems stated that his company was in Chapter 11 status and could not afford this assessment. He further stated such an improvement should not be paid by the property owners if the street is open to through traffic. - 6 - November 17, 1986 HEALTH & Jack Gretz noted that the extension of 4th SANITATION Avenue was in the City ' s street plan back in the 60 ' s. He suggested that at least three lanes were needed to allow a turning lane in the center, especially for the large trucks using the area. He opined that this did not appear to be a good design. Joe Brotherton noted that his interest was in the Boeing/ Robbins property and asked about the proposed improvement to only half of the street at the Barnier open space property. Wickstrom noted that this project provided for a 44-foot road which was wide enough for four lanes or for two lanes with a turning lane. The portion front- ing the Barnier property would be only a half street at this time, at least 22 feet in width which would probably be widened to at least two lanes at this point. If Barnier later developed or if the Council decided to put in the other half , this would become a three or a four lane facility. Wickstrom noted that protests heard tonight equaled about 31 % of the assessments and that a protest of 60% would restrain the project. He explained for Pozzi which properties were contained in the LID. Pozzi opined that there would be more traffic on the proposed improve- ment than the staff imagined and that a traffic study should be conducted. There were no further comments and WOODS MOVED to close the public hearing. Johnson seconded and the motion carried. WOODS MOVED to adopt an ordinance to create LID 325 and Johnson seconded. Bailey suggested that the motion be withdrawn and that the matter be referred to the Public Works Committee to conduct a traffic study of this area. Woods agreed to withdraw the motion and BAILEY MOVED to refer the matter to the Committe to conduct the traffic study. Houser seconded and the motion carried. NATIONAL BIBLE Bible Week - Resolution. This date has been WEEK established to conduct a public hearing regard- ing the advisability of adopting a resolution of the City Council proclaiming the week of November 23 - 30 , 1986 as National Bible Week in the City of Kent. Resolution 1116 has been prepared for that purpose. 7 - I November 17 , 1986 NATIONAL BIBLE Mayor Kelleher declared the public hearing WEEK open. Gene French of 26314 Woodland Way S. , commended the Mayor for proposing such a resolu- tion and spoke in favor noting that the Bible was a part of American culture. Mayor Kelleher clarified that he had already signed a proclam- ation endorsing National Bible Week and that tonight ' s hearing had been established for the City Council to consider a resolution also pro- claiming November 23 -30 as National Bible Week in Kent. Sean Dragseth noted that the American Civil Liberties Union opposed such a proclamation on the grounds of separation of church and state. He referred to a Russian history book and to the first amendment to U. S. Constitution. He concluded that this proposed resolution in no way would deny anyone the rights of freedom, speech or religion. Doug Smith, Pastor of the West Hill Baptist Church commended the Mayor and the City Council for this proposal. He noted that the Bible was a major literary work. David Cooper, an Elder in the Kent Bible Baptist Church stated that the Bible was the best stan- dard of living known to man. Sally Storey complimented the Mayor on the pro- clamation and urged that the resolution be passed. Pastor Dennis Johnson of the Nazarine Church expressed appreciation for the presenta- tion of the resolution and for the comments made tonight. The City Clerk noted receipt and distribution of the following letters in favor of the resolution: Marvin Eckfeldt, Minister of the First Christian Church of Kent, Pastor Richard Martin of the Faith Tabernacle, Pastor Eugene Kraft of Kent Christian Center, and one letter opposing the resolution from Warren and Versie Vaupel of Renton. A motion was passed to file the letters for the record. When all who wished to speak had been afforded that opportunity, WHITE MOVED to close the hearing. Woods seconded and the motion passed. 8 - November 17, 1986 NATIONAL BIBLE WHITE MOVED to adopt Resolution 1116 establish- WEEK ing the week of November 23 - 30 as National Bible Week in the City of Kent. Houser seconded. Bailey acknowledged that the proclamation issued by Mayor Kelleher was his prerogitive and his privilege. He noted, however, that the resolu- tion referred to the "Holy Bible" and that there were many bibles . The dictionary gave as one definition of the word bible: "the sacred writings of any religion". He noted that many people in the area therefore had different bibles. He stated that if the resolution is adopted, the religious beliefs of many individuals will be ignored. He suggested that this item be tabled. Tabling was not accepted by White as a friendly amendment. Woods noted that Thomas Jefferson, author of the Declaration of Independence as well as the Virginia Statutes on Religious Freedom, believed that the first amendment to the Constitution was designed to create a wall of separation between church and state, that it forbade favoritism toward any one religion, and that government should avoid any entanglement with religion. She agreed with Bailey that the proclamation issued by the Mayor was his right, but that consideration of this resolution by the City Council estab- lishes an unfortunate precedent and stated that she would oppose the adoption of Resolution 1116 . White read the first amendment to the Constitu- tion and commented that he believed that we had gone so far to respect the separation of church and state, that we were approaching the point of excluding the church. He noted that no one was being asked to attend a church, rather that we declare a week as National Bible Week to encourage reading of the Bible, not to require it. He noted that certain responsibilities and choices come with the freedom we have. He urged support of the resolution. Johnson observed that the Mayor had already taken care of this through his proclamation. He noted that he felt that it was not his duty as an elected official or as a Christian to pass judgement upon others. Bailey noted that he apparently had no support to table action and further that adoption of this resolution 9 - i November 17 , 1986 NATIONAL BIBLE would put the Council in the position of dis- WEEK criminating against American citizens of other faiths and ethnic backgrounds. White noted that he hoped that in the future, the Council would be more tolerant if asked to consider a resolution for another religious faith. Upon the vote, the motion to adopt Resolution 1116 FAILED with only White and Dowell supporting it. PURCHASE OF (CONSENT CALENDAR ITEM 5G) EQUIPMENT Intergovernmental Cooperative Purchasing Agree- ment. APPROVAL for the City to enter into a cooperative purchasing agreement with Los Angeles for the purchase of truck-mounted sewer jet rodders, as recommended by the Public Works Committee. CITY SHOPS Standby Power Additions. Bid opening was held November 12, 1986. One bid was received from Omega Contractors in the amount of $18, 499. The Director of Public Works reviewed the bid and recommends approval. BAILEY MOVED that the bid from Omega Contractors in the amount of $18, 499 for City Shops Standby Power Additions be accepted. Woods seconded and the motion carried. POLICE (CONSENT CALENDAR ITEM 5C) Drinking Driver Task Force. ACCEPTANCE of a one-year grant in the amount of $48, 140, for the Kent Drinking Driver Countermeasure Program from the State of Washington Traffic Safety Commission. (CONSENT CALENDAR ITEM 5L) Training. Upon the recommendation of the Public Safety Committee, AUTHORIZATION for Police Officer Mark Damitio to work in an intern-type position as Training Officer at the State Training Academy commencing December 1 , 1986. (CONSENT CALENDAR ITEM 5M) Inter-Local Drug Fund Agreement. As recom- mended by the Public Safety Committee, AUTHOR- IZATION to enter into an agreement with King County which will enable member agencies to draw upon the Inter-Local Drug Fund for assist- ance in significant narcotics investigations. - 10 - November 17, 1986 POLICE (CONSENT CALENDAR ITEM 5N) Model Traffic Ordinance. ADOPTION of Ordi- nance 2680 adopting a new section referring to habitual traffic offenders; and adopting the Washington Model Traffic Ordinance (June 1986 ) R.C.W. Chapter 46. 90 by reference, and declaring an emer ency , making this ordinance effective immediately. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through November 19 after audit- ing by the Operations Committee at its meeting at 8: 30 a.m. on November 30, 1986. (CONSENT CALENDAR ITEM 5I ) Segregation - LID 283 - Resolution. ADOPTION of Resolution 1118 authorizing segregating Assessment ##36 within LID 283 , as requested by Lentz Investments. The Property Manager has recommended approval and the Council concurred at the meeting of November 3 , 1986 . COUNCIL President's Report. White stated that in the COMMITTEES future he would make a report at each meeting. He noted that the following items will be dis- cussed at the next workshop on November 24: 1 . A review of Johnson ' s inquiry regarding the boundary lines between Kent and Des Moines. 2. Mayor Kelleher ' s Initiative and Referendum Proposal. 3. The Public Works Committee ' s report on Western Processing. 4. Review of the 1987 Budget. White asked that the Planning Committee look at Multi-Family zoning, since citizens have expressed concern about it. Woods noted that input from the Planning Committee would be brought to the Council and then possibly referred to the Planning Commission. - 11 - November 17, 1986 COUNCIL Public Works Committee. Johnson noted that the COMMITTEES Public Works Committee would meet at 4: 15 p.m. on Wednesday, November 19, in the Council Chambers to discuss Western Processing and other items. ADJOURNMENT WHITE MOVED that the meeting be adjourned at 8: 25 p.m. Woods seconded and the motion carried. Marie Jensen, CMC City Clerk - 12 -