HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/06/1969 Kent , Washington
January 6 , 1969
Regular meeting of the Kent City Council was called to order at 3 :15 p.m.
Present : Mayor Thornton , Councilmen : Lee , Masters , Pozzi and Woodworth,
City Attorney Bereiter , City Administrator Street and City Engineer Sherwood.
Councilmen : Armstrong and Baffaro arrived at 4 : 30 p.m. , Councilman Barnier
arrived at 5 :10 p.m.
Minutes of the last meeting were approved as printed and accepted by motion .
STREETS Off-Street Parking. Mr. Bob Hansen , 23036 loth Ave. S . ,
Des Moines , noted that he owns a building on the NE corner
of Gowe & Railroad which he plans to raze and then con-
struct a new building. Ile asked if he would then have to
provide parking facilities for the new building, since he
had not provided any for the existing structure. The City
Attorney noted that under the off-street parking ordinance ,
a new building would have to provide parking space. He
advised Mr. Hansen that if he felt his situation was unique ,
he should apply to the Board of Adjustment for a variance.
Vacation . Ordinance 1567 ,
vacating Waterman Avenue was
read by the City Attorney. The City Engineer noted that
the applicant had specifically requested that easement
reservations not be maintained by the City and that the
engineering department concurred. The City Engineer reco-
mmended that Section 2 of the ordinance covering this sub-
ject be deleted. Pozzi moved for passage of the ordinance,
deleting Section 2 , Woodworth seconded , motion carried.
Pozzi commended the street department for their outstand-
ing job during the recent snow conditions.
WATER LID 256. Ordinance 1566 , confirming the final assessment
roll for LID 256 was read by the City Attorney. Lee moved
for passage of the ordinance , Masters seconded , motion
carried.
Lee reported that on December 30th, the majority of the
council met to review the water source study and that addi-
tional meetings will be held.
BUILDING City Hall Site. Mr. Street noted that new appraisals have
been received and that the city' s offer to one of the pro-
perty owners is being considered. He stated further that
the city is interested in the entire block, or none of it .
LIGHTING Masters stated that Puget Power has investigated the light-
ing situation in the alley south of Meeker between Central and
Railroad Ave. and have opined that the request for an overhead
light is more of a personal matter rather than a street light-
ing problem and suggested that the property owner handle the
matter and a letter be sent to him explaining the situation .
It was noted that in approximately six weeks , the Puget Sound
Power & Light Co. will have completed a survey which will
attempt to prioritize lighting requirements.
POLICE & Resolution 617, approving the expenditure of $490.00 received
FIRE in excess of that anticipated in the 1968 budget , for the pur-
pose of purchasing 14 alarm units for the police department ,
was read by the City Attorney. Woodworth moved to adopt the
resolution, Masters seconded , motion carried.
Dog Leash Law. Woodworth noted that the committee has met
again regarding the proposed dog leash law and are holding
that matter over, since at this time the city does not have
proper facilitiesto cover the additional handling of dogs which
the law would necessitate. He further opined that the city must
consider construction of a dog pound.
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FINANCE ' Delinquent Bills . Pozzi moved that the delinquent
bills that are uncollectable through normal methods
be sent the Credit Service Bureau for collection in
accordance with the proposal of Mr. Klein , dated
April 24, 1968 , Woodworth seconded . Under discussion ,
the City Attorney stated the State Auditors Department
had approved this procedure. Motion carried.
ZONING Mead. The public hearing was opened on the application
submitted by Herb Mead for a rezone from M-A to M-1.
It was noted that the Planning Commission recommends
approval. There were no comments or objections from
the floor and the hearing was closed by motion . Wood-
worth moved to approve the rezone and for the City
Attorney to be directed to prepare the covering ordi-
nance . Lee seconded , motion carried.
Nesland et al. The public hearing was opened on the
application submitted by Nesland et al, for a rezone
from R-4 and R-3 to C-3. There were no comments or
objections and the hearing was closed by motion . It
was noted that .the Planning Commission recommended
denial. Woodworth moved to support the Planning
Commission ' s recommendation to deny the rezone, Masters
seconded , motion carried.
Benaroya. Woodworth moved that the hearing on the
application submitted by Mr. Benaroya for a rezone
from R-3 to C-3 be continued to February 3 , Masters
seconded , motion carried.
R & L Construction . Ordinance 15711 approving .the
R&L Construction rezone from R-1 to R-3 was read by
the City Attorney. Mr. Street noted that the petitioners
have submitted a quit claim deed and a letter dated
December 17th agreeing to not seek a building permit
until the proper arrangements have been made for sani-
tary sewers , etc. Woodworth moved for passage of the
ordinance , Pozzi seconded, motion carried.
ANNEXATION Mead-Samuel. It was noted that the 10% petition has
been received requesting annexation for approximately
135 acres located south of SE 248th, east of Benson
Highway and north of SE 250th. Pozzi moved that the
City Council will consider the annexation upon receipt
of a 75% petition that includes a statement that the '
petitioners agree to accept a pro rata share of the
outstanding bonded indebtedness . Woodworth seconded ,
motion carried.
Rice. It was noted that the 10% petition has been
received requesting annexation for approximately 191
acres located south of SE 224th, west of 116th Ave.
S.E. , east of Oxford Addition , Hines Addition and Park
Orchard Addition , and north of Lorentson and Sunray
Annexation . Woodworth moved that the City Council will
consider the annexation upon receipt of a 75% petition
that includes a statement that the petitioners agree '
to accept a pro-rata share of the outstanding bonded
indebtedness , Lee seconded , motion carried .
PARKS & Resolution 616 , requesting IIUD participation in ac-
RECREATION quisition of land to make up the Lake Fenwick Park,
was read by the City Attorney. A letter from the
Puget Sound Governmental Conference was read recom-
mending that the project be funded by HUD. Pozzi
moved to adopt the resolution , Lee seconded, motion
carried.
Ordinance 1568, creating a Board of Parks Commissioners
and repealing Ordinance 1309, was read by the City
Attorney. Woodworth moved for passage of the ordinance,
Masters seconded , motion carried.
Ordinance 1569, creating a Parks & Recreation Depart-
ment was read by the City Attorney. Lee moved for
passage of the ordinance , Masters seconded, motion carried.
PERSONNEL Ordinance 1570, establishing a personnel policy for
city employees was read by the City Attorney. Wood-
worth moved for passage of the ordinance , Masters
seconded , motion carried.
Ordinance 1573 , establishing the method by which salaries
of Officers , Department Heads and Employees of the City
shall be determined was read by the City Attorney. Wood-
worth moved for passage of the ordinance , Masters
seconded , motion carried.
Ordinance 1574 , abolishing the office of Municipal
Accountant by repealing Ordinance 1314 , was read by
the City Attorney. Lee moved for passage of the ordi-
nance , Masters seconded, motion carried.
Ordinance 1575 , establishing excusable absences for
sick leave ' for city employees was read by the City
Attorney. Woodworth moved for passage of the ordinance ,
Masters seconded , motion carried.
An ordinance defining a full-time city employee with
regard to eligibility for employee benefits , was held
over on Woodworth' s motion , seconded by Pozzi, motion
carried.
Statewide Retirement System. At the next meeting, a
resolution will be presented providing for the City
to match contributions made by city employees to the
Statewide Retirement System based upon the employee ' s
full salary.
OFFICE Ordinance 1572 , establishing the office hours of the
HOURS City Clerk, City Treasurer , City Administrator, City
Finance Department and City Parks Department , was read
by the City Attorney. Pozzi moved for passage •of the
ordinance , Woodworth seconded , motion carried.
STREETS Off-Street Parking, LID 260. It was noted that the per-
centage of all protests submitted on the off-street
parking LID amounted to 17.9% and that the Chamber of
Commerce has contacted the major protestors and believe
that these problems can be resolved. Representatives
of the Chamber of Commerce spoke in favor of the project .
Pozzi noted that he would like to go on record as being
in favor of this LID. Woodworth moved that the City
Attorney prepare an ordinance forming an LID in accord-
ance with the proposal presented at the preliminary meet-
ing. Lee seconded , motion carried , unanimously. (Arm-
strong and Baffaro did not vote as they just arrived.
Bar.nier had not yet arrived ) .
ZONING Keck Annexation -- Original _Zoning._ It was noted that
at the public hearing on November 18, the Council had
referred Tax Lots 175 , 185 , 214 , 226 , 114 , 65 and 47 of
the Keck Annexation back to the Planning Commission for
reconsideration . The Planning Commission had recommended
that the aforementioned tax lots be zoned R-1, along with
the remainder of the annexation . These portions have
already been zoned R-3 : Keck, Monarch Investment , Ketchum,
Beckler and Unsderfer. Pozzi moved to approve R-1 zoning,
and for the City Attorney to be directed to prepare the
necessary ordinance, Woodworth seconded. Considerable
discussion ensued, in which Armstrong opined that the
property along the Kent Kangley Road should be R-3 . Lee
pointed out that the property owners have not requested
R-3 and if they so desire , a rezone application could be
filed . The City Engineer pointed out that this area was
zoned S-R (Suburban Residential ) under county classifica-
tions . Motion carried , with Armstrong voting nay. (Barrier
arrived at this point and did not vote ) .
STREETS LID 2611 S. 212th, Phase III It was noted that
the public hearing on this proposed improvement was
held at the last meeting and that- the Council had
since met with property owners concerned , and have
reached the following conclusions :
1. The original plan is not materially different
from the final plan .
2. The required drainage channel under the structure
is much greater than was first given to the engi-
neers to consider.
3 . The original plan did not include space for a
railroad track spur to go south under the bridge
over the East Valley Freeway.
4. Following the original meeting with property
owners the consulting engineers were requested
to make an estimate of the additional cost 00
the structure to provide space for a railroad
spur.
5. Such a spur would serve approximately 135 acres
of C-3 and M-1 zoned property at a cost of $175 ,000
to $200,000.
6 . The property owners to the south believe this
cost should be a part of the project and addi-
tional property not presently in the LID should
be included to share this cost .
7. The property owners to the north believe that
such cost should be paid by the property owners
to the south only.
8. If such a spur is included and the cloverleaf
is constructed to East Valley Freeway in the
future, a structure over the spur would add
$701000 to $100,000 to the cloverleaf costs.
9. The majority of the property owners seem to
believe that the extension should be made .
The problems the Council faces are : (a) to handle
the East Hill traffic , this portion of 212th is
necessary, (b) that inclusion of room for a rail-
road spur is or is not a public necessity so that
it should be a part of the project , (c ) if project
is constructed without the room for the spur,
approximately 135 acres of C-3 and M-1 property
would not have rail services or facilities , (d) if
the room for the spur is included , what guarantee
does the council have that it will ever be utilized,
(e) if the Council should believe that the spur should
be included in the project and the district enlarged,
it would be necessary to resubmit to UAB since it would
no longer be the project approved by them, and the
Attorney would have to review and try to determine an
equitable assessment method .
A letter from Jack A. Benaroya was read reaffirming
their agreement that their rail line would be made
available , even though the extension of rail service
beyond their property would be of no economic benefit
to them and reaffirming also their neutral position in
regard to the additional cost of approximately $200,000
to raise the elevation of the proposed overpass to
accommodate rail service to the properties south of So.
212th. The City Engineer noted that at the last meet-
ing of the Council, Mr. Nash objected to the city' s
decision to not provide a rail spur to continue south
under So. 212th adjacent to the Freeway and also to
the alignment being shifted slightly to the south,
taking more of his property than of Benaroya' s. The
City Engineer stated that such a spur would serve approxi-
mately 135 acres of C-3 and M-1 zoned property at a cost
of $175 ,000 to $200,000. James Curran , representing
Mr. Nash and Mx. Andrews opined that the rail service
was needed for potential users to the south. He stated
that there was no question that in the planning of the
Benaroya crossing, it was contemplated that it would
be an aid to serve the property east of the East Valley
Highway, both north and south of the Benaroya property
and that the spur should be included in the application .
Dennis Scott of HIC stated that the State has given us
the right to have an overcrossing, but not for ramp
connections to the Valley Freeway, noting that the
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STREETS State Highway Department feels there has not been
enough traffic study there , but if traffic pro-
jections for the future warrant a ramp situation ,
they would consider it . Ramsey stated that such a
study was already proposed . Scott said that the
$200,'000 figure had nothing to do with the ramp
situation , that it was the proposed additional cost
to lengthen and raise the grade of the bridge. Upon
Armstrong' s query, a Benaroya representative affirmed
that they designed the warehouses so the spur could
go around the NE corner of the SE warehouse going to
the south, noting that this was projected for a rail
spur to the south. Scott noted that the original
Benaroya building proposal was extended 250 feet east
of the present building location and was changed to
allow for the proposed ramp. Masters stated she could
not see how the road could be built , blocking off
rail servide to developers to the south. Lee quoted
a portion of the February 19th minutes in which the
City Engineer stated he did not support any plan to
serve the area south of 212th with rail. Lee noted
that none of the Council objected to the engineer ' s
statement at that time. Woodworth suggested that
action be held until the next council meeting to allow
the people to the south to state their needs on rail
traffic . He further stated that the cost of the spur
to the south should be paid by the owners on the south,
stating that he felt it should not be a public expense .
Masters disagreed. Baffaro was against building the
road without the railroad facilities to the south, as
he thought it might be needed in the future. Barnier
supported Baffaro, stating that the crossing committed
the area to industry. The City Engineer pointed out
the proposed project on several sets of plans , the
first. of which was thought to be the original , dated
9/22/67. This plan allowed a spur track crossing at
East Valley Highway and did not contemplate traffic
either south or north, but showed it could be used
to allow service to the north. The next sketch, dated
1/18/68 , resulting from discussions between Benaroya
and the City, was developed to show what building
relocations were necessary to accommodate an inter-
change at the Valley Freeway. A plan dated 2/5/68
showed the difference in the shape of the buildings
to accommodate rail service to the south. Barnier
stated that his vote in favor of the franchise in
February was based on this last plan and that he
would bot have voted in favor if he thought the bene-
fits were for the Benaroya complex only.
Cummins of HIC stated that a change in plan would re-
quire a new application to UAB which could not be
filed before April. The City Engineer stated that
it was his understanding that the Council agreed
that there would be no rail service to the south.
He noted that the Planning Commission has considered
the rail service to the east of East Valley Highway
and their maps show no rail service south of 212th,
but does provide for a loop north across 208th. Pozzi
stated that at least three meetings have been held
with the property owners and at no time did Mr. Nash
state he wanted an underpass there. The Benaroya
representative stated they had investigated the pro-
perty to the south and determined that it was not
economically feasible for them to extend . rail service
to the south. Curran stated that the decision to not
extend the bridge was made when Benaroya made the
decision to not go to the south and opined .that the
property owners would pay the cost to extend the rail
to the south, but did not want to pay for the bridge.
He noted that he would make his objections in writing.
Pozzi stated that he concurred with Woodworth in that
the owners should pay the costs and urged the Council
to come to a decision on the matter by the next
council meeting , so as not to place the UAB funds in
jeopardy. Mayor Thornton opined that if the additional
costs were to be included in the LID, a suit might be
forthcoming. Masters moved to postpone any action to
the next council meeting, Armstrong seconded: Barnier
opined that this Phase III project is ' valuable because
STREETS of its connection with the freeway, and was less
valuable without said connection . Ramsey of I-IIC
stated that the State Highway Department already
has given the project priority without the freeway
connection . Motion carried, with Lee , Pozzi and Wood-
worth voting nay.
HEALTH & Barnier noted that the sewer committee met and presented
SANITATION the following policies to the Council for consideration :
New Hookups - Properties within a distance of 200 feet -
Property owners are to be given 60 days (written notice
recommended ) from time sewer is made available. At
that time, sewer charges will be in effect .
Sewer Service Outside the City- Limits -
1 . City of Kent will recognize sphere of influence
and will serve on first come , first serve basis
up to capacity purchased by City of Kent from
• Metro.
2. The extra costs of outside areas (increased
sizing, etc . ) , will be borne by split rate and
guarantee applied to these outside hookups .
3. Where city does not serve an outside area
with -water, the sewer rate will be computed
on a flat rate per unit basis .
Masters moved. to instruct the City Attorney to draft
the necessary resolution , Armstrong seconded. - Under
discussion , Armstrong asked about the oversizing,
Barnier stated that the city is relying on Metro ' s
estimate for a 1000 acre area. Motion carried.
Park Lease. Barnier submitted the following recommenda-
tion regarding the lease of sewer property to the Park
Department .
1. Lease with option to buy be granted on specified
area (approximately 20 acres for 20 years ) .
2. Permit use of remaining parcels on year to year
basis (no permanent structures to be constructed ) .
Mr. Street noted• that he had checked with the bond
counsel regarding the sewer bond indebtedness , aid
found •this could be done. Woodworth moved that ,the
City Attorney, Mayor , City Engineer, City Administrator,
Sewer Committee and Park Department meet •to draft a
lease to be approved by the Council, Masters seconded,
motion carried.
POLICE & Chief Foster noted that the Fire Department can no
FIRE longer issue fire permits , unless the applicant has
an air pollution permit .
Armstrong moved to approve those city claims received
up to the loth of January after approval by the Auditing
Committee , Pozzi seconded , motion carried.
MEETING ADJOURNED: 6 : 15 p.m.
Respectfully submitted,
MAYOR
Alex Thornton Marie Jens
Mayor City Clerk
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