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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/02/1968 Kent , Washington December 2, 1968 Regular meeting of the I{ent City Council was called to order at 8:00 p.m. Present : Mayor Thornton , Councilmen : Armstrong, Baffaro, Barnier , Lee, Masters, Pozzi and Woodworth, City .Attorney Bereiter, City Engineer Sherwood and City Administrator Street Minutes of the last meeting were approved as printed and accepted by motion . WATER LID 256 , East Valley Water Main . The public hearing was opened on the final assessment roll for the pro- posed East Valley Water Main project . Written pro- tests were read from Mr. & Mrs. Robert Carroll, 'Harlan Bull, Emon Ikuta, W. S. Hixson and Mr. & Mrs. Donald Hedlund. A letter from Mr. Piha was read advising that he had forwarded the notice to the Talley Corp. , new owners. It was pointed out that bids on the pro- ject were submitted at the last meeting, but had not been awarded. Walt Ramsey noted that the cost of the improvement has not changed from the preliminary roll figures . Harlan Bull pointed out that his property was now adequately served and objected to the assess- ment, Robert Carroll concurred with Bull, and noted that this project would extend service outside the city limits . Slerwood explained that the city is picking up the cost of the mains outside the city for which the owners will have to pay charges in lieu of assessment . He pointed out that the cost of extending the line beyond the city limits is in no way reflected in the assessments to those inside the city. He further stated that the property owners are paying for a 12" main and the City is paying the difference in cost between the 12" and 16". Woodworth moved to close the hearing, after all who wished to speak had done so. Lee seconded, motion carried. Woodworth moved 'to re- fer the matter to a subcommittee to consider the pro- tests and to report back to the Council as' a whole, Baffaro seconded. Under discussion , the Mayor appointed the Finance Committee to work with the Water Committee on the matter. Motion carried. By motion , the City Attorney was instructed to prepare the necessary ordinance. Clark Springs. The following bids were read for the Clark Springs Water Supply Main : Austin Construction , Bellevue , $225 , 930.00 Venture Construction , Auburn , 245 ,000.00 Univ. Mech. Contractors, Seattle , 261 , 500.00 Lee moved that the low bid of Austin Construction Co. be accepted , subject to EDA approval, Pozzi seconded , motion carried . Tank Site. Ordinance 1555, authorizing the condemnation of certain property for utilization as a water reservoir site was read by the City Attorney. Lee moved for passage of the ordinance, Barnier seconded, motion carried. Lee moved to authorize Joe Street to negotiate with Keith Riley, Appraiser regarding the method of payment, on a firm price rather than charges by the day, Barnier seconded, motion carried. WATER & Pozzi moved to accept the water and sewer agreement from SEWER Gregg Wilson , conveying to the City the sewer and water AGREEMENT facilities at the Highland House apartment complex. Barnier seconded , motion carried. i i STREETS Traffic Control. Pozzi noted that after checking of traffic flows , the street committee recommended that parking. on Central Avenue from James to Titus and on East Smith from Central to Jason be eliminated at all times. Pozzi moved that the City Attorney be directed to prepare an ordinance restricting said parking and that upon passage of said ordinance , it shall be sub- mitted to the State Highway Commission for approval, Barnier seconded , motion carried. The City Engineer recommended that the installation of guard posts should be included in the signalizatiob project at 240th and Pacific Hiway 99, requiring Change Order #1 to be approved in the amount of $200. Pozzi so moved, Barnier seconded , motion carried. Call for Bids . Lee moved that a Call for Bids be issued for street cleaning for 1969 and for bids to be opened at 3 : 30 p.m. , Thursday, December 12 , 1968, Barnier seconded , motion carried. Barnier moved that a Call for Bids be issued for street painting for 1969 , and for bids to- be opened at 3 : 30 p.m. , Thursday, December 12, 1968 , Pozzi seconded, motion carried. It was noted that this past summer the Street Depart- ment did a time and materials job for the Seattle Engineering Department by rebuilding Frager Road in the amount of $6, 516.86. Resolution 613 , authorizing the Clerk to expend this amount from that received .in excess of the amount anticipated in the 1968 budget , was read by the City Attorney. Pozzi moved to adopt the resolution , Lee seconded, motion carried. LID 260, Off-Street Parkin. The public hearing was opened on the proposed Off-Street Parking Local Improv- ment District. Writeen protests were read from Mr. Badgro, Mr. Ecklund , Mr. Christensen , Mr. Leeper, Mr. Mattson , Gwinn Construction , Ken Jones , Attorney for Stanley A. Taylor and A. P. Taylor, Albert Elden , Attorney for Stokely-Van Camp, Assistant City Engineer, Joe Engeln explained that the total amount of the LID is $684, 300.00 of which $534,000 is for land , $6000.00 for condemnation , $10,000.00 for demolition , $100,000.00 for construction and $34, 300,00 for lighting. The two zones used in spreading the cost were explained: Zone 1 $1.16 per sq. ft . and Zone 2 - 630 per sq. ft . and each was pointed out on a map. It was pointed out that Zone 1 now provided very little parking and thus was assessed at a greater rate . - James Curran spoke from the audience, pointing out that the Chamber of Commerce had worked out details of the proposal in accordance with the John Graham study, made two years ago. Mr. Donais, representing Saint Anthony! s Parish, noted that their assessment is $7500,00, although they have already provided a parking lot , and stated that this LID would be of no additional benefit to their property. After all who wished to speak were recognized, Woodworth moved to close the hearing, Masters seconded , motion carried. Pozzi moved to. instruct the City Attorney to draft the ordinance creating the LID, Woodworth seconded. Under discussion , Barnier opined that the property owners who are not benefited by the improvement should be removed from the assessment roll. Armstrong clarified that the protests would be- tabulated, and evaluated before the ordinance was drafted. Motion carried , with Barnier voting nay. James St . LID 257. A letter was read from Mr. Elden Lamb , containing nine questions as follows , which were then answered by John Cummins of Hill, Ingman & Chase : 1. Why did the city ask the Urban Arterial Board for a 63 ft . , 4 lane arterial street with sidewalks and then suddenly change the design to run from 72 ft . to 90 ft'. in places? This is enough land to make a five to seven lane street with sidewalks . Mr. Cummins replied that on September 12, 1967 , he pre- pared an application to the Urban Arterial Board that asked for 65 ft . , plus 5 ft . retention on either side ; making a total of 75 ft. for the section from the West Valley Highway to Clark Ave. and at the same time, for a second section , from Clark Ave. to Benson Highway was applied for that was 75 ft. with retention , which made it 85 ft . 2. Why does the City Engineer now seek an 86 ft. right of way at the East Hill Elementary School and adjoining properties at 10003 SE 240th and 10005 SE 240th and at no other place on the street. We say that discrimination and prejudice is being shown. There is enough land for 6 lanes and sidewalks. An agreement was made with the City Engineer and the residents for no more. than 72 ft. It was also in this agreement to take only six feet from each side. Why then this sudden change to 20 feet on one side and 6 on the other? Mr. Cummins replied that originally the application asked for 85 ft. width in the section from Clark to the Benson Highway and now the 85 ft . width is only asked for, for the section at the proposed signal locations at 94th and at 100th. Lamb stated that there was no fifth lane mentioned, only a 45 ft. road plus five ft. on each side, plus the median . Cummins replied that reference to the 72 ft . in the newspaper was used as an example. The City Engineer stated 72 ft . would be the standard right-of-way width, but that naturally 5 lanes with signalized channelization would take more space than 4 lanes. As he recalled, part of the agreement was that the plan would reduce the right of way to 72 ft. and in- . stall the traffic signals . The engineering reasons for widening is for channeli.zation and for providing a lane for left turns at the signals. Cummins pointed out that it is less expensive to acquire the unimproved portions of the front property near the school and the residences mentioned by Lamb , than to obtain the resi- dences across the street. 3. How can the city make a street and intersection at 100th Ave. S.E. and James St . when, at the present , the city has not acquired a street easement required by law. The school has not granted a street easement south, on the east side of the school to 244th. The county has such an easement on . record where the city does not . Mr. Cummins replied that Dick Clark, Principal of the East Hill Elementary School had contacted him and state that she school would allow the city to gain property. by either deed, gift or condemnation to widen the street and the street south of the school will be extended in the near future. Mr. Lamb stated that he attended the school board meeting, and that they are holding up the deed.. Mrs. Hogan , member of the School Board, stated that they did receive a request from Mr. Lamb to hold up the deed, as a suit was to be filed on the James St . project. The school board subsequently learned no suit had been filed , therefore they are having an appraisal made of the property to determine the value. 4. Why is the City Engineer showing bias by refusing to investigate the possibility of an alternate route (228th or any other street ) . The City Engineer, after a discussion with Mr. Moll , myself and Mr. Cummis of HIC, refused to allow Mr. Cummins to take aerial photo- graphs to show that there was a possible better route to handle the traffic. The Consulting Engineer admitted that James St. wasn 't suitable for an arterial because of the safety hazard of eleven dead-end streets which are mostly on steep grades and , also, the nearness of about 20 garages or carports to the street , forcing ow-hers to back out into uphill traffic with only about i 12 feet from their garage to the street . Cummins replied that some of the dead-end streets would be connected. He reported that he had studied aerial maps taken within the past two years , which indicated that any other street which could be considered, had a steeper grade than James St . He pointed out that measuring from the. edge of the driving lane , only 2 garages are with- in 12 feet , and pointed out that there is a 41/2 foot re- tainage on each side , making a total of 13 ft . from the face of the curb to the back of retainage (R/W) . 5, Why does the Engineer claim this street has been in the plans of an arterial for the past several years? If this is true why has he allowed permits to be issued for three. apartment houses just north of the Kent Jr. High and several building permits for homes just north of the East Hill Elementary School, all being too close to the street as it is now designed? Mr. Cummins replied that James 'St . has been on the arterial street plan for 6 or 7 years as a major arterial. He stated. that when those apartments were put in they were set back an additional 10 ft . for this purpose. The City Attorney noted that we cannot legally deny anyone from building on a proposed street right of way until we have acquired the property by condemnation or negotiation. 6. Since James St . is on the city ' s plans for extension west of the city, we would like to know just where the street is going. It seems to us that there would be more problems and expense involved in extending James . A bridge wide enough to carry the traffic over Green River would have , to be constructed . Also, the street going directly west of the city would have to climb another steep hill.. A con- struction of this type would probably involve several million dollars. Why not accept a better east-west route to carry the Boeing traffic and allow James Street to carry the residential traffic. Sherwood replied that the city's present plan does not provide for James St . going west of the river. The six year plan provides for it to be extended only to Russell Road, which is also an. arterial street on the six year plan. Mr. Moll stated that James Street is a residential district and about 85% of the residents are retired people. 7. Why did the appraisers go on the residents property without first identifying themselves to the owners? In one incident a resident asked the appraiser why he was taking pictures and- his answer was , "To see how pretty you look." Mr. Cummins replied that he talked to the appraisers and they indicated that in most cases, they had talked to the owners. He opined that the reference to the picture was meant as a joke. $. Why wasn 't the appraisal slip itemized to show how much the resident was being paid per square foot and for landscaping, etc? Mr. Cummins stated that the appraisal. slip can be itemized if the property owners request same, but that it is not usually done this way. Mr. Pearson of 1116 James St . . stated that his costly shrubs were worth much more than the $50 figure mentioned by the appraisers. The City Attorney explained that persons who felt the appraisals were not just , should contact the engineer ' s office to make a counter-suggestion on the amount. Mr. Dennis Scott of HIC clarified the right of way agent ' s negotiations as in two portions : (1) one for right of way acquisition and (2) for a construction easement only, noting that the construction easement is to provide access from the improvement to the property. Fie explained that the blue flag markers indicated the right of way acquisition and the red flags were the boundaries of the construction easment only. Upon being queried as to policy regarding trees , shrubs , etc. , Mr. Scott explained that if a fence is involved, it will be removed to the new right of way line . He further explained that loss of trees , shrubs , etc. will be covered in the appraisal and may then be moved by the owner if he so desires. The City .Clerk then read a letter from Mr. Davis , Mr. Thorsland, Mr. Powers and Mr. Schindeldecker, contain- ing 6 specific objections to the west section of the James St . improvement. Woodworth moved that both letters be placed on file ,Barnier seconded, motion carried, with Armstrong abstaining. Baffaro moved that the council meet as a whole to review the rights of way for James Street , Barnier seconded, motion carried, with Lee and Pozzi voting nay and Armstrong abstaining. Cummins suggested that the property owners who had questions about the right of way acquisition procedures meet with the engineers and the right of way agents to clarify the situation. This suggestion appeared to be well received by those present . Cummins stated he would arrange a meeting and would arrange for a notice to appear in the newspaper. HEALTH & ULID #1, Contract 3. Barnier moved that National SANITATION Construction Co. , contractors on Contract 3 , ULID #1, be •granted .a time extension of 30 days , subject to EDA approval , providing that the contractor pay the over-contract inspection time , Woodworth seconded. Motion carried. ULID #1, Contract 4. Barnier moved that Tonneson Slead Construction be granted a time extension of 30 days , subject to EDA approval , providing that the contractor pay the over-contract inspection time, Lee seconded , motion carried .Mrs.. Dunning referred to a request made in March for an LID for sanitary sewers to serve properties on Military Road near the North city limits. Barnier stated that the request had been discussed and that enginering problems as well as financial problems were evident . Sherwood noted that the State Highway De- partment policy is to not permit utilities in limited access right-of-way, but they have not positively ruled it out . Mr. Street and the City Enginerr will prepare some cost figures to present to Mrs . Dunning so that she may advise property owners concerned. FINANCE Fencing - Sewer Dept . It was noted that when Metro completed the work of fencing the north lagoon , there remained a portion including the present dog pound that was not fenced. To protect the City, this fencing was installed at a cost of $1659.46. Pozzi moved that the City Clerk be directed to transfer $1659.46 from "5th Ave. Repair" to "Fencing North Sewer Lagoon" all withi.n .the 1968 Capital Outlay budget of .the Sewer Department , Barnier se.conded, motion carried. Pozzi moved that the City Attorney be directed to prepare an ordinance creating a "Cash Bond Fund" , Lee seconded, motion carried. Pozzi moved that the City Clerk be directed to make the following transfers : City Clerk: From Capital Outlay to M&O $450 City Treas :" From Capital Outlay to Salaries $200 Barnier seconded, motion carried. POLICE & Dog Leash Law. ' Woodworth noted that the Police & Fire FIRE Committee is in the process of acquiring copies of other cities ' dog .leash ordinances to be presented at the next meeting. I i ZONING Brannon-Brown . The public hearing was opened on the application submitted by Brannon-Brown for a rezone from R-1 to R-3. Written protests were read from Mr. Mauseth, Paul Carr, Brian Holmes , R. E. McGillvary, Edgar Robinson and Dean Parkins. Objections were based primarily on traffic problems , overcrowding of schools and downgrading of an R-1 area. Robert Hall , representing the R&A Construction Co. noted that they are proposing construction of 301 units of 1, 2 and 3 bedroom design , including a three acre park to be dedicated to the City of Kent . lie noted that they pro- pose to submit drawings , etc. to the Engineering Dept . and will meet all codes of the City. He explained that R-3 zoning allowed a higher density than they required and they would be willing to submit a contract zoning pro- posal. Ile further stated that R&A Construction could now, under R-1, build 50 low cost homes. Woodworth stated that this hearing is for R-3 and a request for contract zoning should be submitted through the Planning Commission . Mr. Chenard read two letters from the Planning Commission Co- ordinating Committee signed by Harlan Bull, recommending approval of this rezone . Mr. Bull noted that this was a communication from the committee to the Planning Commission members only and that there is no record of this recom- mendation in the Planning Commission minutes. Koszarek stated that the application was for R-1 to R-3 at the Planning Commission hearing, and not contract zoning and should be considered for R-3 only. Mr. Johnson presented a petition signed by 851 property owners against the proposed rezone . Also speaking against the proposed rezone were : Mr. Kobalcheck, Mr. Fingerton , Mr. Nelson and Mr. Pistoresi. There being no further comments , Barnier moved to close the hearing, Lee seconded, motion carried. Barnier moved that the petition be denied as incompatible with the type of residential development in the area, Baffaro seconded. Upon roll call vote, Barnier, Armstrong, Baffaro, Masters and Woodworth voted aye. Lee and Pozzi voted nay. Motion carried. R & L Construction . The public hearing was opened on the application submitted by R & L Construction for a rezone . from R-1 to R-3. There were no comments or objections from the floor and the hearing was closed by motion . It was noted that the Planning Commission recommended R-3 provided a 10' strip was dedicated for access and that the applicant support plans for sanitary sewer improvements. Woodworth moved to approve the rezone and to instruct the City Attorney to prepare an ordinance rezoning this pro- perty R-3 upon receipt of the 10' strip to increase access and an agreement on sanitary sewers , Barnier seconded, Under discussion , the City Engineer noted that this area is in the proposed Horseshoe Acres Sewer LID, but that it could be deleted from the LID if the property owners wished to expedite their project. The City Attorney stated that he did not know how well prepared the petitioners are to submit the instrument for the 10' strip and the agreement for sanitary sewers and suggested that some time limitation be set. Woodworth moved to amend the motion to provide that if the aforementioned material is not received within 60 days , that the rezone be denied. Barnier seconded , amended motion carried unanimously. Pohl. Woodworth moved to continue the Pohl rezone hearing to December 16, 1968, Barnier seconded, motion carried. I ZONING Initial Zoning - Sunray Annexation . The public hearing was opened on the initial zoning of the Sunray Annexa- tion . It was noted that the Planning Commission re- commended R-1 zoning. There were no comments or object- ions from the floor. Armstrong moved to close the hear- ing, Masters seconded, motion carried. Lee moved to instruct the City Attorney to draft an ordinance zoning subject property R-1, Barnier seconded, motion carried. Initial Zoning_- Samuel Annexation . The public hearing was opened on the initial zoning of the Samuel Annexa- tion . It was noted that the Planning Commission re- commended C-3 zoning for the entire annexation . There were no comments or objections from the floor. Wood- worth moved to close the hearing, Barnier seconded, motion carried. Woodworth moved for the City Attorney to be directed to prepare an ordinance zoning this p - perty C-3, Masters seconded, motion carried. Initial Zoning - Goodnews Annexation . Ordinance 1554 was read by the City Attorney, approving initial zoning of C-3 , R-3 and R-A for the Goodnews Annexation . Barnier moved for passage of the ordinance , Masters seconded, motion carried. * Initial Zoning - Keck Annexation . Ordinance 1557, zoning the Unsderfer and Beckler portions of the Keck Annexation R-3 , was read by the City Attorney. Barnier moved for passage of the ordinance, Pozzi seconded , motion carried. LEASE It was noted that a lease has been prepared and is acceptable for the engineer ' s annex space , owned by Mr. Shoff, in the amount of $225 per month. Lee moved that the Mayor be authorized to sign the lease for the period October 1, 1968 to January 31 , 1970, Masters seconded, motion carried. CITY Baffaro noted that negotiations for securing property HALL for the new City Hall have failed. Ordinance 1556 was read by the City Attorney, authorizing the condemnation of properties needed for the City' Hall. Baffaro moved for- passage of the ordinance, Woodworth seconded, motion carried, with Masters voting nay. COUNOIL Pozzi moved that the City Attorney be instructed to MEETINGS prepare an ordinance changing the time of the council• meetings to 3 :00 p.m. on the first and third Monday of each month, Lee seconded . Upon roll call vote , Pozzi , Masters and Lee voted aye, Barnier and Baffaro voted nay. Motion carried. (Woodworth and Armstrong had left just prior to this ) . Baffaro moved and Barnier seconded that the vouchers be approved and warrants drawn for the same. Motion carried. Interest Bearing Warrants N. Kent Water Salem Sand & Gravel Co. 15 , 362. 36 LID 253 Walter Renschler 9, 575.00 Red Samm Mining, Inc. 77, 679.67 Dames & Moore 1, 391.15 Walter Renschler 210.00 LID 257 James V. Borek & Marie Borek 625 .00 1966 Sewer Construction Worth & Chatham 650.00 Interest Bearing Warrants LID 255 Red Samm Mining, Inc. 38 , 318.45 ULI D #r 1 Murphy Bros . , Inc . 206 ,143.65 Tonneson-Slead 106 , 562.96 National Construction Co. 123 , 377.74 Constructors-PAMCO 159,647.49 Hill, Ingman & Chase 409.15 Hill, Ingman & Chase 23 ,892.03 Hill, Ingman & Chase 550.77 Hill ' Ing man & Chase 84.00 Hill , Ingman & Chase 298.49 MEETING ADJOURNED: 12 :05 A.M. Y Respectfully submitted, v MAY OR Alex Thornton , Mayor Marie Jensen I i