Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/01/1991 Kent, Washington October 1, 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 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, Police Chief Crawford, Fire Chief Angelo, Assistant City Administrator Hansen, Personnel Director Olson, and Information Services Director Spang. Finance Direc- tor McCarthy and Parks Director Wilson were not in attendance. Approximately 90 people were at the meeting. PUBLIC Council President Woods noted that Agenda Items 4E COMMUNICATION (SeaTac Boundaries) and 4F (Proposed SeaTac Sewer Extension) have been removed from tonight' s agenda at the request of the City of SeaTac. Councilmember Johnson asked that Agenda Item 4E (King County/Metro Merger) be removed from the agenda. 6' Employee of the Month. Mayor Kelleher announced that Kathy Kolke of the Police Department has been selected as Employee of the Month for October. He noted that she is praised by her co-workers for her dedication and commitment to her job. Police Chief Crawford noted that Ms. Kolke goes the extra mile for the patrol officers and detectives, and is always very determined to find every bit of information available. He thanked her for her hard work and Mayor Kelleher presented her with the Employee of the Month plaque. Crime Prevention Month. Mayor Kelleher read a proclamation declaring October 1991 as Crime Pre- vention Month in the City of Kent and urging all citizens, governmental agencies, public and pri- vate institutions, and businesses to increase their participation in our community ' s crime and drug prevention efforts. National Night Out. Police Chief Crawford noted that Kent placed fourth in the National Night Out competition last year for cities under 401000 population. He introduced Officer Dina Paganucci who noted that 11 neighborhoods in Kent had parti- cipated by giving neighborhood crime and drugs a going away party. She explained that a contest had been held and presented certificates to the winners: 1st place--Dawn Cless, 2nd place-- a 1 October 1, 1991 PUBLIC Colleen Woodworth and Brooke Settle, and 3rd COMMUNICATION place--Charlet Carnagey. Metro Presentation. Mayor Kelleher introduced King County Councilmember and Metro Councilmember Greg Nickels. Nickels noted that a plan has been developed which contains immediate improvements in bus service, a high occupancy vehicle system, and a rail system which would connect the region from Everett to Tacoma. He said the rail system is the best, but most expensive, system. Julie Rodwell, Capital Project Coordinator with Metro, showed slides regarding the regional transit project and noted that the huge growth in the past 20 years has presented opportunities as well as problems. She noted that Metro is concerned about gas con- sumption, pollution, and special needs for the handicapped. She added that Metro has the largest vanpool progrjam in the country, as well as carpool matching. She clarified for White that some high occupancy vehicle lanes require 3 people in the vehicle and some only 2 , and that high density areas require three. She noted that because there are already tracks in place, commuter rail could be in use as early as 1996 or 1997 in South King County. Mayor Kelleher pointed out that it is important to have density near the rail stations in order to make the rail service feasible, and that there are presently proposals before Kent' s Planning Commission to allow unlimited density within walking distance of our commuter rail sta- tion. Nickels stated that they hope to have a plan together early next year, with a vote possi- bly as early as fall of 1992 . He added that the Metro Transit Subcommittee is recommending three funding sources: an increase in the local option sales tax, an increase in the motor vehicle excise tax, and extending the sales tax to gasoline. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR K be approved. Orr seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of September 17 , 1991. 2 October 1, 1991 HEALTH & (CONSENT CALENDAR - ITEM 3C) SANITATION Imperial Lane Short Plat. ACCEPTANCE of the bill of sale submitted by Imperial Builders, Inc. for continuous operation and maintenance of approxi- mately 240 feet of sanitary sewer constructed in the vicinity of S .E. 248th Street and 108th Avenue S.E. for the Imperial Lane Short Plat and release of cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3D) LeBlanc Gardens. ACCEPTANCE of the bill of sale submitted by Schneider Homes, Inc. for continuous operation and maintenance of approximately 1, 130 feet of water main extension, 1, 091 feet of sani- tary sewer extension, 420 feet of street improve- ments and 567,.feet of storm sewer improvements, constructed in the vicinity of S.E. 232nd and 100th Avenue South and 112th Avenue S.E. for the LeBlanc Gardens project and release of cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3E) 102nd Avenue Apartments. ACCEPTANCE of the bill of sale submitted by Larry L. Bramhall, DBA 102nd Avenue Apartments for continuous operation and maintenance of approximately 916 feet of water main extension, 420 feet of street improvements and 28 feet of storm sewer improvements construc- ted in the vicinity of S.E. 236th and 102nd Avenue S.E. for the 102nd Avenue Apartments project and release of cash bond after expiration of the one- year maintenance period. (CONSENT CALENDAR - ITEM 3F) East Hill Carriage and Antique Mall. ACCEPTANCE of the bill of sale submitted by Metropolitan Fed- eral Savings and Loan Association for continuous operation and maintenance of approximately 218 feet of sanitary sewer constructed in the vicinity of 101st Avenue S.E. and South 260th Street for East Hill Carriage and Antique Mall . 3 October 1, 1991 STORM (CONSENT CALENDAR - ITEM 3G) DRAINAGE Dover Court Storm Drainage Outfall. ADOPTION of Ordinance No. 3003 authorizing condemnation for right-of-way in order to proceed with the storm drainage outfall project for the Dover Court area, as recommended by the Public Works Committee. TRAFFIC (CONSENT CALENDAR - ITEM 3J) CONTROL Canyon Drive - Change of Speed Limit. ADOPTION of Ordinance No. 3006 reducing the speed limit on Canyon Drive from 40 mph to 30 mph because of con- struction between Hazel Avenue South and 94th Ave- nue South. White noted that construction is due to begin in a few days. PRELIMINARY (ADDED OTHER BUSINESS - ITEM 4G) PLAT Westbrook Commerce Center Preliminary Plat. Progress is being made to accomplish the condi- tions which were part of the approval of the pre- liminary plat and obtain the necessary approvals from the U.S. Army Corps of Engineers. However, more time will be required to obtain the approv- als and finish the work on the remaining condi- tions. The City of Kent' s Subdivision Code allows for the Council to grant a yearly extension of a prelimi- nary plat, if progress is demonstrated towards accomplishing conditions of plat approval. Staff recommends an extension of one year for the Westbrook Commerce Center Preliminary Plat SU-86-2 to expire on October 6, 1992 . JOHNSON SO MOVED. Woods seconded and the motion carried. FINAL (OTHER BUSINESS - ITEM 4A) PLATS Canterbury Final Plat. This meeting will consider an application for the Canterbury Final Plat No. SU-89-3 . The property is approximately 4 . 34 acres in size and is located on the northeast corner of 100th Avenue S.E. and S.E. 248th Street. All con- ditions of the preliminary plat have been met. JOHNSON MOVED to approve Canterbury Final Plat No. SU-89-3 . Mann seconded and the motion carried. 4 October 1, 1991 FINAL (OTHER BUSINESS - ITEM 4B) PLATS Eastwood Final Plat. This meeting will consider an application for the Eastwood Final Plat No. SU- 89-1. The property is approximately 4 . 36 acres in size and is located on 100th Avenue S.E. and S.E. 244th Street. JOHNSON MOVED to approve Eastwood Final Plat SU-89-1. Mann seconded and the motion carried. (ADDED OTHER BUSINESS - ITEM 4H) Van Doren's Landing Phase I Final Plat No. SU-87- 4. Staff requests that the Council set October 15, 1991 as the date for a public meeting to con- sider Van Doren' s Landing Phase I final plat map. The property is approximately 104 . 5 acres in size and is located at the southwest corner of 228th Street and West Valley Highway. JOHNSON SO MOVED. Orr seconded and the motion carried. MOBILE HOME (PUBLIC HEARINGS - ITEM 2B) PARK CODE Mobile Home Park Code Amendments. This public AMENDMENTS hearing will consider revisions to the Kent Mobile Home Park Code. At the August 6, 1991 Council meeting, Council amended the Mobile Home Park Code and requested that the Planning Department meet with interested people and come back with any additional necessary amendments. Carol Proud of the Planning Department indicated that staff has met with mobile home park owners, and has further revisions to the Mobile Home Park Code. She stated that the owners had questions on the following items: setbacks on mobile home park boundaries, permit process, recreational vehicle issues, structure, variance procedures, and spacing requirements. She said that the amend- ments before the Council tonight address those concerns. Proud noted that with regard to set- backs, staff proposes to eliminate review by the Planning Department of mobile home park move-ins for non-conforming parks. She noted that regard- ing setbacks for accessory structures, the City will be using the Uniform Building & Fire Code standards, which give more flexibility as to what can be placed on an individual mobile space. She noted that the Building Department has developed an assistance brochure for park owners outlining procedures for a permit. She added that staff can 5 October 1, 1991 MOBILE HOME call up site plans on the computer to try to save PARK CODE owners the cost of surveying the sites. She ex- AMENDMENTS plained that they want to be able to verify tie- downs, etc. Proud explained that because of the way mobiles are being manufactured today, some people have spaces where a newer single-wide can't fit. She noted that staff proposes that when a park owner can demonstrate that the site is too small for anything but an RV, that the Building Official has the discretion to allow an RV to move in. With regard to the accessory structures, Proud noted that in going with Uniform Building Code stan- dards, there will be a considerable amount of flexibility for homeowners. She noted that she has incorporated existing appeal procedures with regard to the Building Official (Kent City Code 14 . 01) , in case of a disagreement. She said the final item was spacing concerns and that by elimi- nating the concept of a mobile home lot and going with spacing in between the units, a lot of the concerns were eliminated. She said it will be measured solely on whether or not an accessory structure is combustible or not combustible, and the distance between units. Proud noted that staff recommends approval of the amendments to the Mobile Home Park Code with these modifications. The Mayor declared the public hearing open. John Marshall, owner of Valley Manor Mobile Home Park, said Proud has done a fine job on this matter and asked for clarification on tie-down requirements. Assistant Fire Chief Berg said it is their intent to enforce the State statutes on that matter, and that they would look at tie-downs on units as they are being replaced. Proud noted for Marshall that during new construction when a mobile is being placed on a new lot, various utilities companies will come out and verify the location of the tie- down. Upon a question from Bill Doolittle, 412 N. Washington, Berg noted that mobile homes will indeed blow away, and that State statutes deal with the installation of mobile homes. There were no further comments and WOODS MOVED to close the 6 October 1, 1991 MOBILE HOME public hearing. White seconded and the motion PARK CODE carried. JOHNSON MOVED to accept the revisions to AMENDMENTS the Mobile Home Park Code and to direct the City Attorney to prepare the necessary ordinance. Orr seconded and the motion carried. ANNEXATION (OTHER BUSINESS - ITEM 4C) East Hill Annexation. This date has been set for a public meeting with the petitioners of the East Hill Annexation. Those petitioners have been notified of this meeting. The Public Works Com- mittee has recommended proceeding with the annexa- tion with the boundary modification as recommended by the Public Works Director and authorizing the circulation of the 60 percent petition subject to the City's existing indebtedness. Wickstrom pointed out the boundaries and noted that the area involves 608 . 5 acres, has a population of approxi- mately 982 , and has a total assessed valuation of $4 , 700, 000 . City Attorney Lubovich explained that the City has received a petition for annexation from property owners of 10% of the assessed value of the proper- ty designated for annexation. He noted that the meeting tonight is to review the petition, review the boundary, determine whether or not to include the acceptance of City indebtedness, and to approve, modify or reject the petition. He pointed out that if the annexation petition is accepted by the Council, petitioners must then collect signa- tures from the owners of 60% of the assessed value of the property, and then a public hearing would be scheduled before the City Council. He said that the matter would go for SEPA review and to the Boundary Review Board, and following those reviews and the Council hearing, an ordinance may be adopted and submitted to King County. Wickstrom noted that the area contains a small parcel which has been split, and that the City proposes to expand the boundary to include the entire parcel, as recommended by the Public Works Committee. The Mayor urged the Council to consid- er amending the boundary to delete all land south of 272nd. WHITE MOVED that the City proceed with the annexation modifying the boundary as recom- mended by the Public Works Director and 7 October 1, 1991 ANNEXATION authorizing the circulation of the 60% petition subject to the City' s existing indebtedness. Orr seconded. Johnson stated that the issue of annex- ation is a separate issue from whether or not a road is built in the future. Orr pointed out that this petition was submitted to the City by proper- ty owners in the area. Dave Chaplin, a resident of Tudor Square, spoke in opposition to the road, noting that if Kent annexes the property it would be easier to get the road through. Upon his question, Wickstrom stated that there is no small group of property owners that could carry 60% of the assessed value of the property. Ed Pilowski also spoke in opposition to the road, and reminded the residents of the area that if the area is annexed, they would have an opportunity to vote City Councilmembers out of office. Upon a question from Doug Drennan, the Mayor noted that the King County Assessor' s Office determines the value of the property. Upon a question from John Kieffer, Assistant City Attorney Brubaker explained that the petition method is being used rather than the election method because that is what was presented to the City. He added that since the petition has been started, no other method can be used. Kieffer said he feels the reason for the annexation is to control the area for the 277th corridor. Upon other questions from Mr. Kieffer, Mayor Kelleher explained that funding for the 277th corridor has come from State grant money, City Councilmatic bonding capacity which all Kent residents would pay through their tax revenues, and LID mitigation agreements. Planning Director Harris explained that urban boundaries are designated only by King County, working with local jurisdictions, and that although Auburn has stated where they would like the boundaries, no official action can yet be taken. The Mayor said it is the City' s policy to address any concerns about liabilities and to work to upgrade systems within any annexed areas. He also noted for Kieffer that no deals have been cut. In regard to actions by King County and the 8 October 1, 1991 ANNEXATION Soos Creek Plan, the Mayor said the City' s posi- tion has been to pressure the County for lower densities than they have previously been authorizing in that area. Richard Loran, 27124 - 104th Avenue SE, stated that he has signed a no-protest agreement and asked whether that would be an automatic yes vote for annexation. Wickstrom said it has not been determined whether the existing agreements will be used. He also explained for Loran that the assessed value is a dollar amount. David W. Bevan, 11317 SE 269th, said that a large portion of the signatures came as a condition of connect- ing to the sewer system, not with the idea of putting a road on 277th. He said the general feeling is that this is aimed at putting in the road and that many people do not want it. e• Upon a question from Dowell, Wickstrom said that the annexation has nothing to do with how the road is financed or built. Dowell pointed out that whether the area is annexed or not makes very little difference as to the route or the cost of 272/277 . He said it is possible that the City may annex the area and build a road, the City may annex the area and not build the road, the City may not annex and build the road, and the City may not annex and not build the road. He said the focus should be on what the citizens will have to pay for the annexation, rather than on whether or not there will be a road. Marie Shirett said people should look at the over- all view of the annexation and said it may bring many benefits. Laurie Muller, 10997 SE 284th, spoke against the road and said that if the peti- tion is approved tonight citizens will band together against it. Dowell pointed out that by incorporating these citizens into the City and providing police and fire service, the existing citizens of Kent will be taking on an obligation because the taxes coming in will not pay for the outgo. He said the annexation will cost current citizens of Kent $22 , 000 a year. The Mayor pointed out that densely developed areas cost less to serve than sparsely developed areas because they pay for themselves. 9 October 1, 1991 ANNEXATION Orr said the road and the annexation are two sep- arate issues, and noted that there can be benefits to annexation. She said that citizens inside the City limits have a say as to what happens in the City. She noted that she has supported that road because there is no better solution to traffic problems, and that the Council has made it very clear that they would support a limited access type of roadway rather than dense development around it, but the only way to assure that is to have some control over it. Richard Loran said that because of staff' s comment that it is to the City' s benefit to approve the annexation, the Council ' s decision will be biased. Johnson pointed out that the City is not promoting this annexation, and that people can choose whether or not to sign the petition. He said the road will be 4ddressed in the future whether this area is annexed or not, and that the issue before the Council is whether or not to approve the 10% petition and give these citizens the opportunity to circulate a 60% petition. Mann voiced concern about when police and fire service would be expected for that area, what the impact would be on those departments, and how this would affect the $6 million budget shortfall. Brubaker noted that there is no specific time requirement, but that if after a certain number of months the peti- tion was not turned in, Council could call the process to a conclusion. Police Chief Crawford explained that he has not researched the effect on the police department, and Assistant Fire Chief Berg explained that the proposed area is within the boundaries of King County Fire District 37 and that the City provides fire service there under contract. Berg said the City presently collects $49, 500 a year and that money would no longer be paid if the area were annexed although Kent would respond to the same incidents. White pointed out that the Council passed a resolution declaring a moratorium on extending utilities outside City limits and the driving force for this annexation was so that utilities could be extended to this area. He said the ques- tion now is whether Council agrees to proceed with this and give citizens who do not live within the 10 October 1, 1991 ANNEXATION City limits of Kent the right to sign the petition or not sign it. He pointed out that if the area is not annexed to the City of Kent, the residents have no bearing on whether or not present Council- members continue to serve in office. Dowell pointed out that County Councilmember Nickels, who represents these citizens, said ear- lier tonight that in order to have mass transpor- tation, there must be more density. He added that if these citizens want a voice they should consid- er annexation as a possibility. There were no further comments and the motion car- ried. BUSINESS (PUBLIC HEARINGS - ITEM 2A) LICENSE U.S. Engines. The City Council must make a find- REVOCATION ing based upon K.C.C. 5. 02 . 100 as to whether or not U.S. Engine has committed any of the acts des- cribed therein. If such a finding is made, the Council must revoke the business license of U.S. Engines. City Attorney Lubovich explained that the purpose of this meeting is to consider the facts relating to the proposed revocation of the business license for U.S. Engines based on code violations and other considerations. Thomas Cinko,Vice-President of U.S. Engines, Inc. noted that the City has filed charges against U.S . Engines for operating an engine installation center, for being out of code on the sign on the side of the building, and for an outside storage building. He stated that they have ceased operation and invited Councilmem- bers to visit the site. He indicated that it is their intent to use the facility for the remanu- facturing business. Lubovich noted that he has received a fax from the Attorney General ' s Office regarding complaints against U.S . Engines, Inc. The Mayor declared the public hearing open. Carol Morris of the City Attorney's Office outlined the criteria to be used in determining whether or not to revoke the business license. She pointed out that this is a separate issue from whether or not violations are being committed now. Morris ex- plained for Dowell that the business was cited at 11 October 1, 1991 BUSINESS one time for operating without a business license, LICENSE but that they had applied again and after issuance REVOCATION of a license it was determined that they were still in violation of the code. Charlene Anderson of the Planning Department noted that violations date back to 1988 and that the Planning Department has tried to obtain resolution of the violations since that time. She noted that the violations relate to auto repair operations, outdoor storage, illegal signs, parking in aisles and maneuvring areas, and operation of another business called Automobile Engine Installation without a business license. She said the Planning Department has received numerous complaints about this operation and that there are numerous court cases pending. She noted that staff recommends revocation of the business license. Police Chief Crawford stated that the Police Department has been called to U.S. Engines on numerous occasions, but that since they did not see violations of criminal statutes, no reports were taken. Assistant Fire Chief Berg stated that in July 1991 an inspector observed five vehicles inside the business in the process of having engines exchanged. On September 20, inspectors observed Class 1, 2 and 3 flammable and combustible liquids being used, which are in violation of the building' s occupancy class. On September 24 a letter was written to U.S . Engines telling them that in order to continue operation, the building would have to be upgraded to an H4 occupancy. Richard Chase of the Public Works Department stated that on July 1, 1991, the City received a citizen complaint about oil being dumped into the storm sewer at U.S. Engines, and that on July 3 he visited the site and observed a storm catch basin and drainage pipe contaminated with oily sludge. He said he explained to Tom Cinko that contribut- ing to pollution in any storm or surface water facility within the City is against City Code. Chase said that on July 5 he wrote a letter of violation to Russ Segner, owner of the property, explaining the problem and requiring that the storm drain system near U.S. Engines be cleaned out within two weeks. He revisited the site on July 30 and observed a whitish stain around the 12 October 1, 1991 BUSINESS catch basin and whitish polluted water in the LICENSE bottom, and consequently contacted the City REVOCATION Attprney' s Office. Thomas Cinko, Vice-President of U.S. Engines, explained that U.S. Engines, Inc. is located at 18403 East Valley Highway, and does have a busi- ness license. He noted that early in 1990 Michael Crossan started a facility in the back of U.S. Engines for troubleshooting and diagnosing only automobile engines that were remanufactured by them. After diagnosis the engines were sent out to a service center for repairs. Cinko said he attempted to resolve the matter, but that other matters came up such as the sign violation. He noted that the sign had always been there, but was not considered a problem until the other viola- tions were found. He said he immediately cor- rected the problem with signs on the road and the doors. He pointed out that at 18403 East Valley Highway they take up seven addresses, and lease over 18 , 000 sq. ft. He said he feels it is wrong to attack U. S. Engines ' business license, and that they have ceased operations in the back. Cinko pointed out that Mr. Chase claimed that he was carrying 5 gallon buckets of oil to the front and pouring it into the drain. He noted that Russ Segner had the drain pumped out. Cinko indicated that he is in compliance with Metro, Labor and Industries, and the Environmental Protection Agency, and provided copies of letters from them demonstrating his efforts to make things right. Cinko asked why he was not cited on 5/31/91 if he had flammable liquids. He asked which business license is being attacked and said he would be happy to cooperate. He reiterated that the engine installation center has been closed. Cinko noted that he had been asked by the park owner to have employees park on the back side of the building, but because of the curb, he thought there might be a problem with the Fire Department, so he asked employees to pull up to the building. He said that has since been corrected. Cinko stated that he has no outdoor storage and urged Councilmembers to withhold their decision until they visit the site. WOODS MOVED to accept the documents sub- mitted by Mr. Cinko into the public record. 13 October 1, 1991 BUSINESS White seconded and the motion carried. LICENSE REVOCATION Russ Segner, representative and manager of the project, said he was not aware of all of the things brought up tonight, and asked that this matter be held off to a later time in order to present additional information. He explained that there is no problem between Mr. Cinko and the own- ership. James Ratcliffe, 3600 Meadow Avenue North, Renton, noted that there are other reasons to revoke the license beside the violations. He noted that he had problems dealing with U.S. Engines, and found out that there had been nine cases filed against them in King County Court from 1987 to 1991, 28 cases filed against them since March 1990 with Aukeen District Court, and 22 cases filed against them with the State Attorney General ' s Office. Ratcliffe said he was verbally abused by the,-company and had to have the dispute settled in court. He urged the City to stop the operation of the company. Mr. Cinko agreed that there had been a problem dealing with Mr. Ratcliffe regarding an engine, and said that 22 complaints is not a large amount considering that they have remanufactured approximately 220 automo- tive engines a month for the past four years. There was no further public testimony and WOODS MOVED to close the public hearing. White seconded and the motion carried. Upon Dowell ' s question, Anderson noted that the code provides for penalties for violations and that citations have been issued. Carol Morris pointed out that at every opportunity U.S. Engines' Attorney has delayed. She noted that the original citation was issued in March of this year, and it has been delayed that long with no resolution on the violations, and now additional violations have come up. She pointed out that the business has a license, which was issued in error, that they have numerous violations, and that the City Attorney' s Office decided to bring the matter to the Council to make a determination as to whether or not to revoke the business license. She explained that violations would then be handled separately. Morris noted for Dowell that the business received a zoning permit in May of 1986, not a business license. The Mayor stated 14 October 1, 1991 BUSINESS that if there are any issues of substance to come LICENSE out, the public hearing should be reopened. Dowell REVOCATION asked Lubovich whether it would be detrimental to the applicant to have it known that his business license had been revoked, since there are many court cases in progress. He noted that by making a decision, the City might possibly be interfering with that process. Lubovich disagreed, and said the Council must make a determination based on the specific facts presented tonight, and that the other cases are separate issues. Anderson noted for Dowell that the operation of the engine in- stallation portion has been ceased, but not the general operation portion of U.S. Engines. Cinko pointed out that they have a business license for that. Morris explained that the business license revocation prpcedure states that if someone is operating in violation of the code, the business license is to be revoked, and that U.S. Engines is operating in violation of the codes. She said that it is not necessary to determine tonight whether the City has documented that violations are still occurring. Cinko pointed out that the code violations in question were against American Engine Installation, which is the facility that ceased operations, and that there are 37 employees there. He said they have been in business since 1988 in the production engine remanufacturing bus- iness, and that they comply with all codes. He said their attorney has not asked the City Attor- ney or the court for extensions, but that at one court appearance it was mutually agreed to post- pone to a later date. Upon Woods question, Morris said she has in her file at least 3 letters from their attorney asking for extensions of time for code violations, and gave copies of the letters to Mayor Kelleher. Morris explained for Orr that if the license is revoked tonight, the business must cease operation immediately, they will have to bring violations into compliance, and they may apply for a business license at any time and the City can hold the application pending compliance with the codes and other requirements. Anderson noted that it normally takes three to four weeks to acquire a business license. Orr stated that it is a strange occurrence that suddenly everything 15 October 1, 1991 BUSINESS is in compliance and the Council has no way of LICENSE verifying that. Lubovich stated that he had just REVOCATION received a letter from U.S. Engines' attorney, James Gooding, seeking an extension of the pretrial conference scheduled for October 16, which has already been extended once. Cinko stated that he was not aware that his attorney had requested that extension. He explained that there were two businesses in one facility--American Engine Installation and U. S. Engines, and that it was American Engine Installation that was not in compliance. He said the business license for U.S. Engines is in compliance with code, that the installation service center was not in compliance. Cinko noted that this business employed four people and they have not worked for a week, and have told callers that that portion of the business will.-be closed. He suggested that the Council is being misled into believing that American Engine Installation is U.S. Engines, Inc. He said the accusations have gotten out of hand and urged the Council to view his facilities. WOODS MOVED to revoke the business license of U.S . Engines, Inc. Orr seconded. Woods noted that if there are two businesses, there should be two business licenses and that it appears that there have been specific on-going code violations. She stated that six staff members have spoken tonight on this issue, and that she does not believe they fabricated the information. She emphasized that there have been numerous violations and that the business had been reminded several times to correct the violations. Upon a question from Mann, Assistant Fire Chief Berg said that the document Mr. Cinko presented to Council dated May 31, 1991, is an in-service inspection done by the Fire Department. He said that the violations were observed by the inspec- tors and were separate from that inspection. He noted that the observation of the engines exchange occurred in July and in September an inspector observed the flammable and combustible liquids usage. He noted for Dowell that he is speaking of U.S. Engines, in the exchange area. Berg noted that all code violations were addressed to U. S. Engines because they were doing business at 16 October 1, 1991 BUSINESS that location, and that he was not aware of LICENSE American Engine Installations. Anderson noted for REVOCATION the Mayor that American Engine Installations does not have a business license. Upon White ' s ques- tion, Cinko stated that the President of U.S. Engines is Michael Crossan and that there is no owner of the installation facility. He said that the stockholder in U. S. Engines is Michael Crossan, and that American Engine Installations was doing business for U.S. Engines as a warranty repair facility, and that Michael Crossan owns it, if anybody. WHITE MOVED to make all documents a part of the record. Woods seconded and the motion carried. The motion to revoke the business license of U.S. Engines then 6parried. POLICE (CONSENT CALENDAR - ITEM 3H) Towing and Impound of Vehicles. ADOPTION of Ordinance No. 3004 setting out procedures as to when a vehicle may be impounded without prior notice, with notice, and how the impound is to occur. Cars will be towed when abandoned. (CONSENT CALENDAR - ITEM 3I) Expansion of Parking Enforcement Aide Duties. ADOPTION of Ordinance No. 3005 allowing the Parking Enforcement Aide to cite and authorizing the towing of illegally parked vehicles. PARKS & (CONSENT CALENDAR - ITEM 3K) RECREATION Parkside Wetlands Purchase. AUTHORIZATION for the Mayor to sign an earnest money agreement in the amount of $118, 000 to purchase Lots 1 through 6, and one in the amount of $13 , 500 to purchase Lots 18 through 25, Block 22 , Interurban Heights, 3rd Section, as part of the West Hill Parkside Wet- lands project, and AUTHORIZATION for the Parks Department to continue to acquire the individual parcels within the project site, staying within the $200, 000 budget. This action was approved unanimously by the Parks Committee at their Sep- tember 24 meeting. 17 October 1, 1991 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through October 1, 1991 after auditing by the Operations Committee at its meeting at 4 : 45 p.m. on October 8 , 1991. FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 9/17-9/30/91 109887-110357 $976, 528 . 32 Date Check Numbers Amount 10/4/91 01161710-01162426 $619 , 808 . 94 REPORTS Administrative Reports. City Attorney Lubovich pointed out that the Council packet contains his report on the impact of the Fair Housing Act of 1988 Amendments regarding limitations on the num- ber of bedrooms in developments, as requested by the Mayor. Assistant City Administrator Hansen announced that there will be a meeting regarding the regional justice facility at 7 : 00 p.m. , October 3rd, at the West Hill Fire Station, and urged Councilmembers to attend. ADJOURNMENT The meeting was adjourned at 10 : 00 p.m. Brenda Jacobe/ C C Deputy City ler 18