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