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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/05/1969 Kent , Washington May 5 , 1969 Regular meeting of the Kent City Council was called to order at 3 :00 p.m. Present : Mayor Thornton , Councilmen : Mogan , Lee , Masters , Pozzi and Woodworth, City Administrator Street , City Attorney Bereiter and City Engineer Sherwood . Baffaro and Barnier were late , arriving 'at 3 :15 and 3 :20 respectively. Minutes of the last meeting were approved as printed and accepted by motion . Clerk's and Treasurer Reports submitted , accepted and placed on file by motion. WATER Bids. The following bids were read for drilling of exploration test wells : Richardson Well Drilling $22 ,822.80, inc. tax L. R. Gaudio ' 21, 140.00, inc. tax Masters moved that the low bid of L. R. Gaudio be accepted, Hogan seconded , motion carried . Six Million Gallon Reservoir Site - S. 218th and 98th. In seeking to acquire a site located at S. 218th and 98th for a six million gallon reservoir necessary in the development of the water system, the City went to court to condemn the site. During the trial the owners agreed to accept the amount of $56 ,200 offered prior to the trial with certain stipulations . Lee moved that the stipulated court settlement be accepted and for the Clerk to be directed to pay into the court , the sum of $56 ,200. Pozzi seconded , motion carried. So. 218th Supply Main . Lee moved to approve Change Order #1 to Salem Sand and Gravel, required by EDA, for adjustment of quantities resulting .in a $13 ,255 .91 decrease in the contract price , Woodworth seconded , motion carried. LID 252 Lee moved to approve Change Order #2 for Austin Construction to pay for overtime to avoid shutting down industry, in the amount .of $1, 533 . 15 and the acceptance of the contract as complete, Hogan seconded , motion carried . EDA Pro ' . #0 -1-0009 Phase VI . Lee moved to approve Change Order #1 to Pamco to change the form of the roof , posts on the Scenic Hill Reservoir at no extra cost to the City , Hogan seconded, motion carried. LID 256. Ordinance 1599 providing for the issuance and sale of bonds for LID 256 was read by the City Attorney. Hogan moved for passage of the, ordinance , Masters seconded , motion carried. Water Source. Hogan moved to approve signing a four month option for $2 ,000 to purchase approximately 50 acres of land for a water source . Masters seconded. If sufficient water is found to be available , the option could be exercised for the 50 acres on contract ,with a down payment. of $55 ,000 and the balance of $140,000 to be paid over a five year period. Motion carried. WATER & Cole & Dolman. It was noted that sometime ago, the SEWER City was awarded a decision against the firm of Cole and Dolman in consideration of monies owed the city in connection with the extension of water and sewer lines to their development on the West Bill•. On advice of counsel , it has been determined that the insistance of fulfillment of the judgment will force them into bankruptcy and the amount the city would then collect would be questionable . Bereiter noted that he and Street suggested that a negotiated settlement for $10,000 plus interest at 6% per annum, payable at $200 or more per month, starting in May, 1969 would be more advantageous to the city. He explained further, that in addition to this amount , there remain approximately 63 lots for which $100 each would be paid to the city. The firm has been credited with the amount of $17,600, under the Court ' s decision . Pozzi and Bereiter elaborated on the back- ground surrounding the original agreement . Bereiter explained that the firm of Cole & Dolman has been dissolved , so this is now a personal judgment . Wood- worth moved for the Mayor and City Clerk to be authorized to sign the settlement , Pozzi seconded , motion carried. STREETS Right-of-way. Pozzi moved to accept a deed for Public right-of-way of half of S. 250th between the old and new Military Road from A. W. and Joanne Sundstedt , Barnier seconded , motion carried. LID 253 , Ordinance 1598 providing for the issuance and sale of bonds for LID 253 was read by the City Attorney. Baffaro moved for passage of the ordinance, Masters seconded, motion carried. Alley Behind Maple Street . The City Engineer distributed sketches showing the grades in the alley behind Maple Street . The City Attorney stated that a suit had been filed against Hauge in October, 1967, but that no action has been taken on this because further information is needed regarding damages and a plan for restoring the alley to its original grade. Sherwood explained that as part of an old plat , the alley is dedicated to public use , but since it has never been improved., the city has not taken over maintenance of it . It was pointed out that in the past , some of the property owners in the area had spoken in favor of vacating the alley. Mr. Collins spoke against this proposal. Pozzi moved for the engineer to set a meeting with the property owners , and suggested that the City crews could improve the alley to meet city standards , at Hauge ' s expense. Hogan seconded , .motion carried. HEALTH & ULID ##1, Contract 3. Barnier moved to accept as SANITATION complete , the contract with National Construction Co. of Contract 3 , ULID ##l , Masters seconded , motion carried . ULID ##1 Contract 4. Barnier moved to approve Change Order #4 to Tonneson Construction Co. , allowing a time extension of 77 days until May 19, 1969 , with the provision that any additional inspectiDn charges be paid by the contractor, Masters seconded , motion carried. ULID ##1 Contract 5. Barnier moved to approve Change Order #4 to Murphy Brothers in the amount of $17,044 for extra excavation and to •allow a time extension of 63 days until June 5 , 1969, Lee seconded . Ramsey explained that after the contract was let , the developer in the area placed 3.4 ft . of fill over the entire area and Murphy Bros . then had to excavate more material then they had bid on . Motion carried,' with Pozzi voting nay. POLICE & It was noted that Tom Stokley of the Seattle Times nal award for his article on. Asst . FIRE had won a natio fire prevention program. Fire Chief Randall ' s Fireman Glenn Webster presented the award to Mr. Stokly. Former Kent Councilman and long time Fire Dept. volunteer Dave Mooney, now serving on the County Council, was welcomed by Mayor Thornton . Councilman Mooney assisted in the presentation . FINANCE City Hall. Resolution 631 was read by the City Attorney, creating a new account under "City Hall Construction Fund" in the 169 budget in the amount of $1,100,000, by transferring the account li from the 169 Current Expense Budget , Government Buildings . Masters moved for adoption of the resolution , Barnier seconded , motion carried. The City Attorney read Resolution 632 , authorizing the City Treasurer to transfer from the City Hall Construction Fund to Current Expense Fund , the sum I of $291 ,083.62 to cover warrants issued for the new city hall which had been charged erroneously to Current Expense. Masters moved for adoption of the resolution , Barnier seconded , motion carried. Masters reported that the Treasurer had made the following investments of city funds : G. 0. Street Funds - 90-day time certificate of .deposit $10,000 1966 Sewer Revenue Bond Reserve - 180-day time certificate of deposit $5 ,000 Mixed Funds - 90-day treasury bills $100,000 Mixed Funds - 15-month treasury notes $250,000 City Hall Construction - 180-day treasury bills $580,000 PARKS Park Board. Pozzi moved for the City Attorney to draft an ordinance to amend Ordinance 1568, to allow appointees serving on the Board of Park Commissioners to reside outside the city limits . Baffaro seconded , motion carried. Star Lake Park. It was noted that the King County Design Commission has approved the firm of Richard Haag Associates to be the design consultants for Star Lake Park, which will enable the parks depart- ment to begin development under Forward Thrust funds . BIDS Pozzi moved for approval .of a call for bids , for a CORRECTED-REFER To tractor-mower, to be opened May 27, 1969. Hogan MINUTES OF 5-19-69 seconded , motion carried. BOARD OF Woodworth moved to confirm Mayor Thornton ' s appoint- ADJUSTMENT ment of Chet Wheeler to the Board of Adjustment to complete the term of Robert Carroll , Barnier seconded , motion carried. TURN KEY The City Attorney reported that the city had HOUSING been awarded a judgment of $6 , 160.00 against Buchanan , Johnson and Assoc. in the matter of payment for sewer lines within the Turn Key Housing Development on the Benson Highway. APPEAL Mac Pherson Realty. The public hearing was opened on the Mac Pherson appeal from the Board of Adjustment ' s decision in denying their application for a variance to allow a duplex on a lot 40' X 128' . It was noted that the Attorney representing Mac Pherson ' s has requested that the hearing be continued to the May 19th meeting. Masters so moved , Hogan seconded. There were no comments or objections from the floor. Motion carried. ZONING Anderson Rezone. Ordinance 1595 was read by the City Attorney approving the Anderson rezone from R-3 to R-4. Pozzi moved for passage of the ordinance , Masters seconded , motion carried. TRAIN Ordinance 1596, establishing train speed limits SPEED at 40 MPH as set by the Public Utilities Commission LIMITS and repealing Ordinance 703, was read by the City Attorney. Pozzi moved for passage of the ordinance, Masters seconded. Under discussion , the City Attorney pointed out that the City would be the re- porting agency and the State agency would enforce it. Motion carried. AN ORDINANCE requiring that trains sound their whistles at all crossings inside, the city was read by the City Attorney. Masters stated that the whistles would be sounding continuously for each train going through the city under this ordinance, and suggested that whistles be sounded at the des- cretion of the engineer. She opined that the whistles would not prevent accidents and cited statistics on accidents in Marysville which has a similar ordinance and in Spokane which does not have one. She stated that the city should consider gates at crossings and investigate starter relays for crossings . Mr. Street noted that the state law allows the city the choice as to adopting such an ordinance . The City Attorney stated that rejection of this ordinance would not increase the city' s scop.e of liability. Woodworth moved to delay action until the next meeting and to refer it to the Police Committee for study, Masters seconded , motion carried. COMPREHEN It was noted that the public hearing on the proposed SIVE PLAN Comprehensive Plan had been held at the last meeting and that the Council had held a work session on April 28th and had discussed the proposed plan in depth. The City Attorney stated that if the Council proposes to make changes in the text , Rudy Gast will incorporate them into the Comprehensive Plan and that the resolution approving the plan will then be drafted. Among the items discussed at the workshop was the use of the word "agricultural" in the plan . It was explained that within an incorporated urbanizing area, .this term normally designates an areas that is transitional in character from a former use that , by zoning, will be directed toward future residential, commercial or industrial use , and that it is not anticipated that such areas will retain agricultural usage in the future . It was further clarified that the community must be prepared to acquire by easement or purchase within a reasonable time, areas designated as greenbelts and that the area on the east slope of west hill and portions of the valley floor should be directed toward medium to high density residential usage. The City Attorney stated that the Council is in a position to adopt the Comprehensive Plan as recommended by the Planning Commission , or to make the textual changes determined appropriate based on the public hearing and the workshop session . Mr. Gast advised that for the benefit of the. public it would be advisable to make the changes to the text. Woodworth moved to instruct the City Attorney and Mr. Gastto make the appropriate changes to the plan and for a resolution to be drafted to adopt the plan as changed , Hogan seconded. Under discussion , Street asked that the proposed changes be given to him by the Thursday prior to the next council meeting. Curran re- quested that these changes be made available to the public as well. Masters stated that consideration should be given to subsurface exploration in the text of the plan , noting COMPREHENSIVE that the unstable valley floor might make certain PLAN areas unsuitable for highrise buildings or large industries. Woodworth opined that it belonged in a zoning ordinance and not in land use. Mr. Gast stated that Woodworth was right , but that Masters has a good thought as conditions of the soil can be recognized in the Comprehensive ' Plan as an element to help the Council determine future developments . Gast opined that this idea should be put into the Comprehensive Plan . He noted that it could then be elaborated upon in the zoning ordinance. Woodworth and Hogan agreed to include this addition in the original motion . Motion carried. Resolution 630, commending past and present Planning Commission members for their work on the Comprehensive Plan was read by the City Attorney. Lee moved for adoption of the resolution , Masters seconded , motion carried . INSURANCE Ordinance 1597 , clarifying the life insurance program for city employees , was read by the City Attorney. Masters moved for passage of the ordinance , Mogan seconded, motion carried. CLEAN UP Mr. Street noted that the Street Department to date WEEK had hauled 95 loads of debris during Clean Up Week at a cost of $363.38 to the City. Masters moved that the bills received by May 10, 109 approved by the Finance Committee be paid , Lee seconded , motion carried . MEETING ADJOURNED: 5 :00 p.m. Respectfully submitted , Alex Thornton , Mayor Marie Jens n , City C rk � I