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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/20/1967 Kent , Washington March 20, 1967 Regular meeting of the Kent City Council called to order. at 8 :00 p.m. Present : Mayor Thornton , Councilmen : Buxton , Durand, Mooney, and Pozzi , City Engineer Sherwood, City' Attorney Bereiter Minutes of the last meeting approved as printed and accepted by motion . Budget and Treasurers Reports submitted, accepted and placed on file by motion . 11EALTH & Garba.Se . Ordinance 1438 , amending the garbage SANITATION ordinance , was read by the City Attorney. Mooney moved for passage and adoption of the ordinance , Buxton seconded, motion carried. Ordinance 1439 , authorizing the Health & Sanitation committee to screen applicants requesting the right to haul their own garbage , was read by the City Attorney. Pozzi moved for passage and adoption of the ordinance , Buxton seconded, motion carried. A letter from C. W. Iles was read requesting that the check from Mr. IIauge for sewer- connections be released by the City Treasurer to the Kent School District . After some discussion on the matter, Pozzi recommended that the check be held until Mr. Hauge had clarified the matter with the school dis- trict . ,Sewer Connection R2aci2st . Mooney stated that the City Engineer and Health & Sanitation committee had met with the people who owned property at 132nd and 272nd, who are requesting permission to connect to the sewers , at their expense , at the Sequoia School. Mooney moved that permission be granted and that the pumping station design be handled under the city' s usual requirements under Ordinance 1142, Durand seconded, motion carried. Yorkshire Seger. It was noted that the Yorkshire bids would be held over to the next meeting. Mooney stated that he received a letter from the Kent Swim Klub requesting that their sewage charge be dropped for the months of October through April eac h year. Mooney moved that the City Clerk advise them, upon the advice of the State Auditor, that no adjustments will be made Pozzi seconded, motion carried. WATER The City Engineer requested that Dames and Moore be authorized to do soils and foundation investigation on the 3 million gallon tank site. Mooney so moved, Buxton seconded, motion carried. STREETS So. 212th. The City Engineer requested that- Dames & Moore be authorized to do soils investigation on Phase II of So. 212th St . Improvement . Mooney so moved, Buxton seconded, motion carried. Pozzi stated that he and John Cummins from Hill & Ingman met with S. 212th residents. He moved for the City Engineer to get appraisals of the property. Motion carried. LID 253. The public hearing was opened on the pro- posed LID improvements to So. 212th. Protests were introduced by the City Clerk and the City Engineer estimated them to total 22% of the assessed valuation . Pozzi noted that property owners will be compensated for rights-of-ways. John Anderson- protested, stating that the 5 lane street would benefit the entire city and everyone should pay :br it , not just those in the area. Walt Ramsey reported that the total project I would cost $754 ,000.00, EDA funds will cover 11z of that , or $377 ,000.00. The City of Kent , through state gas tax money, will pay $187 ,000.00. The assessments there- fore would be only 25% of the total cost of the project . Tom Montgomery noted that other street improvements in the City had not been on an LID basis. lie noted that he was not opposed to this project , but would like to see the project delayed to see if some of the bills before the legislature passed, allowing more money for the cities . Pozzi noted that if such money was forthcoming, it would have to be applied to other city projects. Larry Jenner , NPRR, asked if delay could mean the' loss of EDA funds and Bill Chase stated that this could occur if the project was rejected completely. Mr. Kobayashi asked for a description of the improvements. Ramsey stated that this would be a 4 lane arterial street with center lane for left turns , with concrete curbs and gutters and catch basins . He noted the people in the area will be contacted regard- ing access and provision will be made for ramping facilities to any existing sidewalks . Curran stated that the whole city is paying a good share of the im- provement through gas tax monies. The City Attorney noted that the owners have 30 days after the ordinance is passed in which to file protests. Protests from the owners of 60% of the property are sufficient to kill the issue. Al Behar spoke in favor of the street improvement , stating that property values increase with these LID' s. The public hearing was closed by motion . Pozzi moved to have the City Attorney have the bond counsel prepare the ordinance implementing the LID and authorizing the City Engineer to obtain appraisals of the property to be acquired. Mooney seconded, motion carried. 64th Aye &. The public hearing was opened regarding incorporating 64th Ave. S. into the Comprehensive Plan . There were no objections or comments from the floor and the hearing was closed by motion . Pozzi moved to approve the proposal and to instruct the City Attorney to prepare the necessary ordinance , Durand seconded, motion carried. Vacation . Pozzi recommended to postpone setting the public hearing on the. vacation of a portion of the alle et-wen State and Burke Streets until the next counyi� mee-Eing. A letter from Gary Deal of Bert McNae Inc . was read regarding a right-of-way to Meeker Street and request- ing same to be placed on the comprehensive street plan . Pozzi moved to refer this matter to the City Engineer and Street Committee , Buxton seconded, motion carried. 4th. Ave. The City Engineer stated that the legal des- criptions are ready and deeds prepared for right-of- way on 4th Avenue. BUILDING Utility Building. Mooney moved for the call for bids for the utility building to be issued as soon as the specifications are approved, Durand seconded, motion carried. FINANCE Mooney reported on the recommendations from the City Treasurer which were submitted to the Council. Funds have been erroneously carried in the 1959 Sewer Con- struction Fund and should be transferred to the 1959 Sewer Bond Redemption Fund. The Treasurer' s report shows a debit of another amount for the same fund. The State Auditor has opined that these two funds could offset each other. Mooney moved that the City Attorney be instructed to request an opinion from the Attorney General on this matter , Pozzi seconded, motion carried. Mooney stated that the 1966 Sewer Construction Fund has a balance of $16 , 37.7.21 to which the federal grant of $42 ,000.00 will be added. Totaled, these will off- set the balance carrying on the 1964 Sewer Construction Fund and the balance can be deposited for insurance of bond payments . Mooney moved for the Treasurer to take such action , Durand seconded, motion carried. I Parkin S Meter Fund. Regarding the Parking Meter Fund, Mooney stated that the final receipts are accounted for and that the fund had repaid the money borrowed from the Garbage Fund. IIe moved for the balance to be de- posited into the Current Expense Fund, Pozzi seconded, motion carried. APPEAL SS&M Co. The Mayor noted that the next order of business on the agenda was the public hearing on the appeal on the Board of Adjustment ' s action in granting a Conditional Exception to the SS&M Co. for removal of dirt in an R-1 zone. Pozzi moved to hold the hearing over till the next meeting because since only 4 councilmen were present , a unanimous vote would be necessary to take any action . Buxton seconded the motion and upon the vote being taken , Durand dissented. The motion therefore failed for the reason that there were not 4 affirmative votes in favor of it : The City Attorney advised that the public hearing be opened. The hearing was opened by the Mayor. Five appeals were read by the clerk, followed by a letter from George Fiori, Jr. to Durand, stating his reasons for voting against the Conditional Exception when it was considered before the Board of Adjustment . The letter was placed on file. The Board of Adjustment ' s Resolution #61 , granting the Conditional Exception and the conditions thereto was read by the City Clerk. Mr. Sandwick of SS&M Co. read his letter which was printed in the Kent News Journal, explaining the project and submitted a copy for the record. Mr. Sandwick noted that although formerly 62 persons had protested the measure , only 5 official appeals were submitted. Residents from the area stated that they were still protesting, but had not filed official appeals since they were aware that others had done so. Horton Dennis , Engineer, showed slides of the area, and explained the proposed project , pointing out that the area would be replanted after the excavation , and would in no array become an "eyesore" . Mr. Clements , Mrs . Thatcher and Mr. Whitner were heard in opposition to- the Conditional Exception , noting that this area should be kept for single residential dwellings . Mr. Frazier pointed out that there seemed to be no short- age of residential lots and that lie had counted 50 in the immediate area. Mooney pointed out that the hear- ing was. concerned with the removal of dirt and not with rezoning. Discussion was had on a proposed access road, which the protestors feared would be a sheer drop. Sandwick maintained that it would be a far less slope than that which now exists. Sandwick stated that the project would make it easy and economical for ad- joining property owners to connect to sewers. He pointed out that the Conditional Exception lists restrictions which must be strictly adhered to. Upon being questioned, the City Engineer stated that the cpntour maps conformed with city rqequirements. Mrs. Lloyd spoke in favor of the project . After all who wished to speak were heard, Durand moved to close the hearing. The motion failed for lack of a second. The public hearing was then closed by the Mayor: No action on the issue was forthcoming and the Mayor moved to the next order of business. The City Attorney stated that action would be carried over to the next meeting. Mr. Lee , Attorney, asked if another public hearing would be held. Bereiter noted that for the benefit of the absent council members , further evidence would probably be necessary. He advised the council to re- open the hearing and take official action to hold it over till the next meeting. The hearing was de- clared reopened. Pozzi moved to continue the matter . to the next meeting on April 3 , Buxton seconded, and the motion carried unanimously. After some time , Mr. Lee returned to the chambers and stated that in his opinion , 4 affirmative votes would be necessary only to over-rule the decision of. the Board of Adjustment but only a simple majority of those present was necessary to uphold their decision . City Attorney Bereiter stated that this was not his interpretation of the code and that he was obliged to stand by his original advice to the council. CIVIC Resolution 568 , was read, authorizing the -Mayor to CENTER appoint the following citizens to serve as officers of a Citizens Municipal Capital Expenditures and Planning Committee : John Fournier Sr. , General Chair- man , James Curran , Vice Chairman , and Phyllis Mauritsen as Secretary. Resolution passed by motion . SEWER AND A letter from Jim Rice & Assoc. was read requesting WATER permission to hook-up to_ the City' s water and sewer REQUEST facilities for a proposed project in the East Hill area. Mooney moved to refer this to the City Engineer to work with the Health & Sanitation & Water Committees , Durand seconded, motion carried. EMERGENCy Garbage . A proposed emergency ordinance was read by ORDINANCES the City Attorney providing for $$27 ,000.00 for new garbage containers. Upon Mooney' s motion , the public hearing was set for April 3 , Pozzi seconded, motion carried. Building. A proposed emergency ordinance was read by ' the City Attorney providing $47 , 500.00 toward a new utility building. Upon Buxton ' s motion , the public hearing was set for April 3 , Mooney seconded, motion carried. POLICE & Ordinance_1440t prohibiting card tables, was read by FIRE the City Attorney. Buxton moved for passage and adoption of the ordinance , Mooney seconded, motion carried. PLAT Ordinance 1437 , approving the final plat of Benson . Crest #2 was read by the City Attorney. Durand moved for passage and adoption of the ordinance , Pozzi seconded, motion carried. CIVIL Upon the Mayor ' s recommendation , Bob Carroll was DEFENSE appointed as Civil Defense Director by motion . ZONING Upon Pozzi ' s motion , seconded by Buxton , public hearings were set for April 17th for: Rentonites R-4 to C-3 SS&M R-1 & R-2 to R-3 East Hill Annexation Zoning Adoption , in principle , of the Data Embodied, in part in the John Graham Co. "Kent Develop- ment Plan Technical Supplement" the CBD Parking Survey (Page 20) and the Street and Arterial Plan (Page 66 ) . Anderson . The public hearing was opened on the application submitted by the Anderson Bros . for a rezone from R-2 to R-4. It was noted that the Planning Commission recommends approval. There were no objections from the floor and the hearing was closed by motion . Mooney moved to uphold the Planning Commission ' s recommendation and approve the rezone. Durand seconded, motion carried. Ordinance 1435 , approving the rezone was read by the City Attorney. Mooney moved for passage and adoption of the ordinance , Durand seconded, motion carried. Espey. The public hearing was opened on the applica- tion submitted by Mr. Espey for a rezone from M-1 to R-4. It was noted that the Planning Commission recommends approval. There were no objections or comments from the floor and thg hearing was closed by motion . Mooney moved to uphold the Planning Commission ' s recommendation and approve the rezone , Buxton seconded, motion carried. Ordinance 1436 , approving the rezone was read by the City Attorney. Durand moved for passage and adoption of the ordinance , Pozzi seconded, motion carried. McLeod & Chase. The public hearing was opened on the application submitted by McLeod & Chase for a rezone from M-A to M-1. It was noted that the Planning Commission recommends approval , with a portion along the roadside preserved as a "Scenic Drive" in accord- ance with the recommendation of the Park & Rec. Plan . Buxton stated that he felt the Planning Commission overstepped their bounds in requiring -a setback of open space , Durand agreed. Mr. Chase stated that they were willing to comply, with the Planning Co- mission ' s recommendations , but noted that the City should have an ordinance to this effect . The public hearing was closed by motion . Pozzi moved to uphold the Planning Commission ' s recommendation and approve the rezone , Durand seconded, motion carried. Pozzi moved to instruct the City Attorney to prepare the necessary ordinance , Buxton seconded, motion carried. Monarch. A letter from Monarch Investment Co. was read thanking the City of Kent for courtesy shown them during their recent rezone application and requesting that the council meet with them to suggest a suitable site for their project. Mooney moved that the City Clerk be instructed -to send them a letter thanking them for their letter and to include a zoning map so that they may familiarize themselves with the R-3 zones of the City, Buxton seconded, motion carried. PARKS & Mr. Danielson and Mr. Sorenson both objected to the RECREATION use of Alexander St . for a park, stating that they have used this street ' as access for years. Mrs. Hogan gave a brief resume of the council action re- garding this matter. The Mayor suggested .that no action be taken on the matter tonight , and suggested that it be referred to the street committee. CONV �NI�1VS & The City Engineer requested authorization for Ed C NV N 5 Rutkosky and Donald Coates to attend the Sewage Treatment School in Pullman the first of the month. Mooney so moved, Durand seconded, motion carried. Parks. A letter was read from Barney Wilson re- questing permission for Pete Baffaro and Dottie Devinney to attend the Northwest District Recreation and Park Conference being held at Banff, Alberta, April 23 - 26. Upon Pozzi ' s motion , permission was granted, Buxton seconded, motion carried. Mooney' s motion , seconded by Buxton was passed, approving the following claims : Current Expense 4 , 786.12 Water 3 ,766.14 Street 5 , 254.50 Sewer 532.20 Garbage 228.76 Library •69 Park 410.59 Firemen ' s R&P 216.75 15195.75 Interest Bearing Warrants N. Kent Water Constr. Fund Dames & Moore 2 , 9 3.76 MEETING ADJOURN 1 : 35 P-m- vV Respectfully submitted, {MAYOR Alex Thornton , Mayor Marie Jensen , City Clerk 1