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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/05/1991 Kent, Washington February 5, 1991 .Regular meeting of the Kent City Council was called to order at 7 : OO . p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Acting Police Chief Byerly, Fire Chief Angelo, Finance Director McCarthy, Information Services Director Spang, Parks Director Wilson, Assistant City Administrator Hansen, Personnel Director Olson and Deputy City Clerk Jacober. Approximately 85 people were -at the meeting. PUBLIC Boy Scout Troop 237 presented the colors and led COMMUNICATIONS the audience in the Pledge of Allegiance. Proclamation-Amy Magruder and Michelle Laudenbach Week. Mayor Kelleher noted that on December 23, 1990, Amy Magruder, seven years old, and Michelle Laudenbach, eight years old, found a young man in distress and persisted in seeking assistance for him, possibly saving his life. He read a procla- mation declaring the week of February 3-10, 1991, as Amy Magruder and Michelle Laudenbach Week in the City of Kent. Fire Chief Angelo offered thanks, love and congratulations to the girls, noting that without them the Fire Department couldn't have responded. The girls were presented with balloons, flowers and candy. Employee of the Month. Mayor Kelleher announced that Becky Fowler of the Personnel Department has been selected as the Employee of the Month for February. He noted that she is always ready to help and approaches her many job challenges with a determination to be fair, honest, considerate, re- sourceful and helpful. Personnel Director Olson noted that Ms. Fowler truly deserves this honor. Arts Commission 1991 Grant Award Recipients. Mayor Kelleher recognized the following 1991 Grant Award recipients: Kent Reading Council, Northwest Renaissance, Evergreen Piecemakers Quilt Guild, Rainier Symphony, Kent Saturday Market, Women in Music International, Washington State Music Teach- ers Association, Kent-Meridian High School, Big Band Jazz Reading Workshop, Kent Public Schools and Kent Parks and Recreation Department Resource Center. 1 February 5, 1991 PUBLIC Artist Dana Boussard and "Spirit Song1l. COMMUNICATIONS Mayor Kelleher pointed out the fibre artwork in the Council Chambers and recognized the artist, Dana Boussard. Chamber of Commerce Foundation. The Mayor recog- nized the Kent Chamber of Commerce Foundation, who raised $4, 315.41 for the 1990 Canterbury Faire and assisted the City of Kent Performing Arts Center Task Force with their fundraising effort by chan- neling business donations in the amount of $7, 025 for the City of Kent cultural center study. He presented a certificate to Dee Eklund of the Foundation, who thanked the City for their sup- port. Performing Arts Center Task Force. The Mayor rec- ognized the City of Kent Performing Arts Center Task Force for many hours of volunteer work and successful completion of their effort to raise public and private funds for the City of Kent comprehensive cultural plan and cultural center feasibility study. The studies will be completed in May, 1991. Pat Curran, Chair of the Task Force, expressed thanks and accepted a certificate from the Mayor. Federal Grant. Fire Chief Angelo presented the Mayor with two checks totaling over $47, 000. 00 which were received in regard to the severe damage and significant cost of the heavy flooding experi- enced in January, 1990 . He noted that the total of these checks and previous ones is $85, 000. 00. He commended all City departments for their accu- rate record keeping and follow up. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR P be approved, with the exception of Item 3F which was removed by Councilmember Orr. Johnson second- ed and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) _Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 15, 1991, 2 February 5, 1991 MINUTES with the addition of the following item which was inadvertently omitted: (CONSENT CALENDAR - ITEM 3F) Delinquent Accounts Receivable. AUTHORIZATION to write-off $3.5,443 . 05 in accounts receivable and to solicit collection agency assistance in the col- lection of other accounts, as discussed with the Operations Committee at their January 8 committee meeting. The write-off amount includes $24, 173 .21 on a bankruptcy for which additional collection effort is pointless, $10, 376. 00 for parking sites for amounts between $5 and $25 issued before December 31, 1988 , and $893 .84 for 24 miscellaneous ac- counts over 15 months old. The collection agency proposal calls for paying $8.45 per account for which Transworld System, Inc. would write a series of collection letters prior to initiating more stringent collection ef- forts at a negotiated amount per account between 35 and 50 percent. The Finance staff and the IBC feel this proposal will establish a more consis- tent City accounts receivable collection effort. HEALTH & (CONSENT CALENDAR - ITEM 3N) SANITATION Van Doren's Center. ACCEPTANCE of the bill of sale and warranty agreement submitted by Union Pacific Realty for continuous operation and main- tenance of approximately 3 ,905. 5 feet of water main extension constructed in the vicinity of West Valley Highway and S. 228th for Van Doren' s Center and release of cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR - ITEM 30) The Greens. ACCEPTANCE of the bills of sale and warranty agreements submitted by Lakeridge Devel- opment for continuous operation and maintenance of 3 , 031. 5 feet of offsite sanitary sewer extension constructed in the vicinity of Kent Kangley and 128th Place S .E. and 2 , 896 feet of onsite sanitary sewer extension constructed in the vicinity of 129th Court S.E. and S.E. 264th Street for the 3 February 5, 1991 HEALTH & Greens development and release of cash bond after SANITATION expiration of the one year maintenance period. (CONSENT CALENDAR - ITEM 3P) Neil Swift Building. ACCEPTANCE of the bill of sale and warranty agreement submitted by Neil and Vicki Swift for continuous operation and mainte- nance of approximately 140 feet of street improve- ments and 145 feet of storm sewer improvements constructed in the vicinity of S. Central Avenue and E. Morton Street for the Neil Swift Building and release of cash bond after expiration of the one year maintenance period. SEWERS (PUBLIC HEARING —ITEM 2A) LID 337 Westview Terrace/McCann's Westview Sanitary Sewer. This date has been set for a pub- lic hearing on the creation of LID 337 . The City Clerk has given the proper legal notification to the affected property owners. The Public Works Director pointed out the location, noting that this LID is in the county. He noted that the to- tal cost of this LID is $312 ,901. 44 and that the assessment per lot is $6, 518 .78. He noted that the City recently completed two LIDS for sanitary sewers in the same area and stated that the septic tanks in the area are failing. He noted that properties within 200 ' are required to connect to sewers and they would be billed whether they con- nect or not. He also pointed out that since this is outside the city limits, annexation covenants will be a requirement. The Mayor declared the public hearing open. Charles Ruby, 21311 - 96th Avenue S. , stated that he was originally in favor of this, but has since changed his mind. He said that his property value will not be increased in accordance with the cost. Lee Williams stated that she feels the actual fig- ure will be higher. Upon a question from Jim Humenik, Wickstrom explained that the larger the project the lower the cost, but that there was not enough support for a larger project. He said they reduced the size of the area, and got 45% support for the LID, which made it a valid project. Scott Gobeille, 21434-98th Avenue S. , stated that he has not had any septic tank problems and he feels the 4 February 5, 1991 SEWERS cost is very high. Wes Fitzsimmons, 21328 - 96th Avenue, said he does not agree that this will in- crease the property value. There were no further comments from the audience and WOODS MOVED that the public hearing be closed. White seconded and the motion carried. Wickstrom noted for White that at this point in time the Health Department is not involved. He confirmed for Woods that the two previous LIDS addressed the most serious problems in the areas where people were being fined by the Health De- partment. Woods pointed out that no one has spoken in favor of the LID tonight. Upon the Council 's approval, the Mayor reopened the public hearing. George Hoffman, 21415-98th South, said sewers are inevitable, and he is in favor of the LID. Lee Williams said she feels people should have a choice as to whether they want to hook up. Scott Gobeille said he feels there should be further verification of people' s feelings on the issue. There were no further comments and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. WHITE THEN MOVED that the City Attorney be di- rected to prepare the ordinance creating LID 337 for Westview Terrace/McCann's Westview Sanitary Sewers. Woods seconded. White said he is re- luctant to support an LID which has less than the majority in' support of it. He suggested that this item be brought back to Council in the future when the septic systems fail, and that this should not be forced on the property owners. Woods concurred with White. The motion was defeated with only Dowell in favor. (CONSENT CALENDAR - ITEM 3D) Sanitary Sewer Service. ADOPTION of Ordinance 2962 amending Kent City Code 7. 05. 310 and estab- lishing charges for sanitary sewer service to duplexes within the City, as recommended by the Public Works Committee. 5 February 5, 1991 STREET (PUBLIC HEARINGS - ITEM 2C) VACATION Pacific Ventures Street Vacation STV-90-5. An application has been made by Pacific Ventures, Inc. , to vacate a portion of South 212th Street, as mentioned in Resolution 1264 . This is located at the 8700 block of S. 212th Street. Planning Director Harris showed diagrams of the area and noted that the area west of the requested vacation was vacated in the late 80 ' s by Mr. Bowen who built the Bowen Business Center. He was al- lowed to put off-street parking in part of the vacated area, and his driveway was out over what remained of the public right-of-way to the east. Harris noted that staff recommends approval with conditions, including retaining easement rights. The Mayor opened the public hearing. John Hen- drickson, attorney for Pacific Ventures, noted that his client's property was developed in 1979 . He noted that as a result of the development of the Bowen . Business Center in 1987, Pacific Ven- tures has had many problems including vehicles crossing their property to go to and from the Bowen property, patrons of the Bowen Business Cen- ter parking on their property, and vandalism as it relates to the vehicles going to and from the Bowen Business Center. He stated that Pacific Ventures was not notified at the time Mr. Bowen applied for a street vacation and, therefore, had no opportunity to participate. Hendrickson point- ed out that later there was a lot line dispute between Pacific Ventures and Bowen, and that King County Superior Court determined that Pacific Ven- tures property did abut the property that was va- cated and should have been involved. Upon Dowell 's question, Hendrickson said that Pa- cific Ventures has not yet determined whether to close off the access. He distributed copies of letters from the Transpo Group and said it is their determination that if there were a closure of that access there would be no severe injury or damage to adjacent property owners. WOODS MOVED to make the letter a part of the record. Houser seconded and -the motion carried. 6 February 5, 1991 STREET Hendrickson stated that the Bowen property was VACATION vacated with one condition--a reservation of easement rights for utility purposes only and asked that the same rights be given to Pacific Ventures. City Attorney Lubovich voiced concern regarding retaining an easement over a street vacation. JOHNSON MOVED to continue this hearing until the next Council meeting. Woods seconded and it was so ordered. TRAFFIC (OTHER BUSINESS - ITEM 4A) CONTROL Street Utility. Public Works Director Wickstrom noted that this issue is presently before the Legislature and that under proposed legislation, cities would not be required to pay tax exempt properties fees, and that there may be classes of fees rather than a straight fee. They are also proposing reduced rates for low income and dis- abled low income. Wickstrom noted that the pro- spectus for funding must be submitted within ten months of preliminary approval according to Transportation Improvement Board policy, and that the City was issued preliminary approval in March of 1990. He noted that if the City does not act, the grants will be in jeopardy. Upon Johnson' s question, Wickstrom noted that he is not aware of a credit for carpooling. . WHITE MOVED that Resolu- tion 1270 be adopted denoting the Council 's intent to create a street utility. Woods seconded. White pointed out that transportation has been the City's top priority for a number of years. Houser voiced concern as to whether the 272nd corridor would be built even if this resolution is passed. Wickstrom noted for Dowell that the proposal is to absorb the 3 1/2% utility tax and implement the street utility service charge. He pointed out that it will not be a balance, that some busi- nesses and residents will see cost savings and some will not. Woods stated that this proposal is another example of action the City has taken to try resolve problems that are not completely of its own making. Mann noted that although he has previously stated that he would not vote for an 7 February 5, 1991 TRAFFIC increase in any tax, he would support this as long CONTROL as an adjustment would be made on the utility tax. Wickstrom assured him that that is the proposal. Steve Burpee of the Chamber of Commerce noted that they support the street utility in order to meet the transportation needs, but voiced concern that the burden is being placed on the business commu- nity. The Mayor clarified for Arnold Hamilton that funding is in place for a road of a certain size and standard, and that the additional funds would enable the City to do more with the road. The motion to adopt Resolution 1270 then carried unanimously. Mayor Kelleher stated that this spring King County will receive a route alignment study, an environ- . mental impact statement, and a full funding pack- age, and said he hopes the County will cooperate with the City's plans. (CONSENT CALENDAR - ITEM 3K) Reith Road Guardrail. AUTHORIZATION for staff to proceed with installation of guardrail on Reith Road and to transfer $5, 000 from the asphalt over- lay project for this project, as recommended by the Public Works Committee. The remaining $4, 000 required will be transferred from the Frager Road Guardrail project upon its completion. (CONSENT CALENDAR - ITEM 3L) Utility Construction Agreement SR 516 160th Ave- nue S.E. to S.E. Wax Road. AUTHORIZATION for the Mayor to sign an agreement with the State to in- clude the replacement of that portion of the City' s Kent Springs Transmission Main that falls within the scope of their Kent Kangley widening project and for the City to reimburse the State expenses for same, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3M) Transportation Improvement Board Grant - Central Avenue - Gowe to Titus. AUTHORIZATION for the Mayor to sign agreement with TIB to accept a grant of $129;280 for the Central Avenue improvement project and to establish a budget for same, as recommended by the Public Works Committee. 8 February 5, 1991 TEMPORARY (PUBLIC HEARING —ITEM 2B) USE Emerald City Chemical TU-90-1 - Appeal. This pub- lic hearing will consider an appeal by Emerald City Chemical from the Hearing Examiner's recom- mendation of approval to extend until April 15, 1991 an application for an extension of an author- ized temporary use permit. The subject property is located between 77th Avenue So. and the Bur- lington Northern right-of-way to the north of va- cated Harrison Street. Councilmember Orr stated that she would excuse herself from participating in the hearing due to prior involvement with this company as a private citizen. Carol Proud of the Planning Department noted that on 7/18/89 the applicant had received a condition- al use permit for construction of an 8400 sq. ft. building to contain hazardous substances. The conditional use permit expired on 7/19/90 because no construction had been undertaken. She noted that a temporary use permit was issued by Plan- ning in November, 1989, revised at the request of the applicant to start on 4/15/90, and extended by Planning to 10/15/90. She noted that the appli- cant has operated out of existing office buildings and temporary containers since 4/15/90 and had re- ceived approval with conditions for temporary *torage from the Fire Marshall for a 9-month period which ended 1/15/91. She pointed out that the Hearing Examiner's approval for the extension of the temporary use permit contained conditions which include receipt of several reports by Janu- ary 15, 1991, and that the reports have not been received as of this date. The Mayor declared the public hearing open. Glen Dodge, President of Emerald City Chemical, noted that the code allows for a one-year extension of the 90-day temporary use permit and that they re- ceived six months. He said that the conditions regarding architect's plans and written commit- ments to financing were not in the code, and noted that those reports are not available at this time. Brian Zeplin of Seattle Scientific, advisor for Emerald City Chemical, noted that Mr. Dodge has 9 February 5, 1991 TEMPORARY made every effort to comply with Code require- USE ments, but that there have been many changes not only locally but State-wide as well. He noted that there have been delays on the part of the ar- chitect, and a financial slowdown in the business. Fire Chief Angelo noted that an arrangement was worked out between the Fire Department and Mr. Dodge. He said that Mr. Dodge indicated that there would be fencing and that the duration would be no longer than 9 months. He noted that the Fire Department felt more than 9 months would be inappropriate. He voiced concern over the delays and pointed out that most of the Hearing Examin- er's conditions have not been met. He said he could not recommend extension beyond 1 -15-91 . Upon Johnson's question, Dodge explained that the drawings and the financial letter of intent are not available. He noted for Johnson that the re- quirement for fencing was not in writing, and that the area is secure with individual locked contain- ers. Zeblin noted for Dowell that the facts in the Hearing Examiner's findings are correct, but that there were delays. Dodge said that the Code allows for a one-year extension if certain crite- ria are met, and that they had met all the re- quirements and were granted only a short-term extension, which included conditions which are not pertinent, such as financing. Dodge explained that the 9-month period was specifically for the storage of hazardous material. He noted that there is a steel building on the property which could possibly be used for storage of hazardous materials, although use of containers would still be required. Upon a question from White, Dodge said he is requesting an extension through Octo- ber 15, 1991, which is the one-year period allowed by code. He assured White that by that time he will have secured other means of storage. City Attorney Lubovich pointed out that the exten- sion to one year is not an automatic right, and that the criteria must be met. Dowell said he feels that the Hearing Examiner's decision was not based on the financing. He said it is the Coun- 10 February 5, 1991 TEMPORARY cil 's job to determine whether the Hearing Examin- USE er erred, and if they can't, they are almost obli- gated to uphold the decision of the Hearing Exam- iner. Dodge noted that the code reads "one year" , not "up to one year" if criteria are met, and they had met the criteria. He said he does not feel financing or building plans are a valid criteria to deny a temporary use. Mr. Zeblin said that Mr. Dodge simply wishes to get on with his business in a way that is beneficial to the company and meets all requirements. Upon Mann's question, Angelo said that if a fence were constructed tomorrow, his recommendation would not change. He explained that the Fire De- partment' s concern is with the implementation of the fire and building codes as related to hazard- ous materials. He said he feels there is a poten- tial for this project to go past October 15. Dodge noted that he is willing to put a fence up if absolutely necessary. Upon Johnson' s question about whether he had complied with the Hearing Ex- aminer's condition #1 regarding the Health Depart- ment, Dodge responded that he had called the Health Department and was told that they have nothing to do with this type of operation. He said he requested an inspection by Code Enforce- ment regarding condition #2 and assumed it had been taken care of. Carol Proud noted that the zoning code is quite specific on the criteria to be used by the Hearing Examiner, and noted for Dowell that the Planning Department had recom- mended denial to the Hearing Examiner. WOODS MOVED to close the public hearing. Mann seconded and the motion carried. JOHNSON MOVED to deny the appeal. Woods seconded. The motion car- ried with Orr abstaining. Johnson noted that the temporary permit had expired on January 15, 1991. He suggested that Mr. Dodge be given until Feb- ruary 28, 1991 to safely remove his material from the site. Fire Chief Angelo agreed to forward such a letter to Mr. Dodge. 11 February 5, 1991 PUBLIC (CONSENT CALENDAR - ITEM 3C) DEFENSE Public Defense Contract. APPROVAL to enter into a contract for public defense with Sampson Wilson & Combs, Inc. , P.S. , Attorneys at Law. The purpose of the contract is to provide public defense ser- vices at Aukeen District Court in conjunction with the City's prosecutorial services. Sampson Wilson & Combs currently provide our public defense ser- vices. Bids were solicited for services to be rendered during 1991. The City received two re- sponses; one from Sampson Wilson & Combs, with a bid of $8, 500 a month, the current fee, and one from the firm of Tucker and Stein, P.S. , Inc. , with a bid of $15, 000 per month. Staff recommends that Sampson Wilson & Combs, Inc. be retained and that the Council authorize execution of a contract as negotiated between the parties in the amount of $8,500 per month for 1991. FIRE (CONSENT CALENDAR - ITEM 3E) DEPARTMENT Radio Tower and Radio Equipment Building. ACCEP- TANCE as complete of radio tower and radio equip- ment building and authorization to release retain- age upon receipt of the appropriate State docu- ments. PARKS & (CONSENT CALENDAR - ITEM 3F) RECREATION (REMOVED BY COUNCILMEMBER ORR) Golf Complex Fee Structure. ADOPTION of the pro- posed Riverbend Golf Complex fee structure .as presented and approved by the Parks Committee and the Operations Committee. Orr suggested monitoring the number of people who use the course to determine whether raising the rates will lower the usage. She MOVED to adopt the proposed fee structure and closely monitor usage of the course. Woods seconded and the mo- tion carried. (CONSENT CALENDAR - ITEM 3I) Conservation Futures Grant for Parkside Park. ACCEPTANCE of a $100, 000 King County Conservation Futures Grant to be matched by the $100, 000 City CIP Fund earmarked for a West Hill park, for the 12 February 5, 1991 PARKS & purpose of acquiring a two-acre parcel on West RECREATION Hill titled Parkside Open Space. The project site is 'adjacent to a 20-acre wetland site being pur- chased by the City of Des Moines under the King County Open Space Bond Program. SUPPORT OF (OTHER BUSINESS - ITEM 4B) TROOPS (ADDED BY COUNCILMEMBER MANN) Mann introduced Resolution 1271 in support of the troops involved in the conflict in the Persian Gulf and MOVED for its adoption. White seconded and the motion carried. RECYCLING (CONSENT CALENDAR - ITEM 3J) King County Recycling/Composting Demonstration Site. AUTHORIZATION for staff to coordinate with King County on the development of a permanent Recycling/Composting Demonstration site within Kent, as recommended by the Public Works Commit- tee. CENTENNIAL (BIDS - ADDED ITEM - 5A) BUILDING Centennial Center Furniture Bids. Assistant City FURNITURE Administrator Hansen asked the Council to reject the seven bids received on furniture for the Cen- tennial Center. The bids failed to provide the best combination of quality, function and cost. He noted that the project will be re-bid and that the new request for bids will ask for products with and without Formaldehyde. WHITE MOVED that the bids be rejected. Houser seconded and the motion carried. PLANNING (CONSENT CALENDAR - ITEM 3H) COMMISSION Planning Commission Reappointment. CONFIRMATION of the Mayor's reappointment of Tracy Faust to the City of Kent Planning Commission. HUMAN (CONSENT CALENDAR - ITEM 3G) SERVICES Human Services Commission Appointment. COMMISSION CONFIRMATION of the Mayor' s appointment of Alla Mironyuk to the Kent Human Services Commission replacing Sharon Atkins, whose term has expired. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 31, 1991, after 13 February 5, 1991 FINANCE auditing by the Operations Committee at its meet- ing at 4:30 p.m. on February 12 , 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 1/2-1/11/91 100254-100293 $ 310, 336.24 1/14/91 100297-100682 954 ,452 .34 $1,264 , 788.58 1/15/91 100686-100733 $1, 160, 643 . 06 1/15-1/28/91 100734-100765 $ 445, 311.99 -1/30/91 100769-101235 644 ,457. 04 $1, 089,769 . 03 1/31/91 101239-101451 270, 103 .87 Approval of checks issued for payroll: Date Check Numbers Amount 1/18/91 1149346-1150003 $634 , 441.46 2/ 5/91 1150004-1150690 615, 310.79 REPORTS (REPORTS - ITEM 7A) President's Report. Woods noted that the AWC conference will be held on February 21 and 22 in Olympia and asked that Councilmembers make their arrangements soon. She also noted that Suburban Cities will meet on February 13 in Kirkland and that reservations should be made through Christi Ryan by -February 8. (REPORTS - ITEM 7C) Public Works Committee. White distributed copies of a resolution declaring a moratorium on the City's extension of sewer and water services to property located outside of its incorporated lim- its. He asked that the resolution be referred to the Planning Committee and that they make a recom- mendation to the Council within four weeks. John- son suggested that the resolution also be referred to the Public Works Committee and White agreed. (REPORTS - ITEM 7G) Administrative Reports. City Administrator Chow noted that Public Works has proposed to award bids 14 February 5, 1991 REPORTS for the restoration of Mill Creek Canyon Slide next week. Wickstrom pointed out that if the res- toration is completed by February 28 , the City will be reimbursed 100%. EXECUTIVE At 9 :35 p.m. , Woods announced that there would be SESSION an executive session of approximately five min- utes to discuss a matter of litigation. The meeting reconvened at 9:40 p.m. and HOUSER MOVED for authorization to enter into negotiations and execute an agreement with defense counsel re- garding CETA lawsuit and to initiate negotiation settlements. White seconded and the motion car- ried. ADJOURNMENT The meeting then adjourned. Brenda Ja�o2' CMC Deputy City Clerk 15