HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/19/1969 Kent , Washington
May 19 , 1969
Regular meeting of the Kent City Council was called to order at 3 :00 p.m.
Present : Mayor Pro Tem Pozzi , Councilmen : Hogan , Lee, Masters and Wood-
worth, City Attorney Bereiter, City Administrator Street and City Engineer
Sherwood. Baffaro and Barnier were late , arriving at 3 :10 and 3:25
respectively.
Minutes of the last meeting were approved as printed , with the following
correction : under Bids , the opening date for a call for bids for a tractor-
mower should be May 15 , instread of May 27.
Clerk' s, Budget and Treasurer reports were submitted, accepted and placed
on file by motion .
STREETS Alley Behind Maple Street . It was noted that a meeting
was held with 19 owners of property adjacent to the alley
Thursday evening with Mayor Thornton , Sherwood , Engeln and
Street , at which a solution was proposed. The Administrator
will contac t a key owner who was not present at the meeting.
If a solution based upon this proposal is not found , the
City will have to make and adopt its own determination to
settle the problem.
Vacation . The public hearing was opened on the vacation of
a portion of J. H. Patten Road in conjunction with the dev-
elopment of Randall Park Division #1. There were no comments
or objections from the floor. , and the hearing was closed by
motion. Woodworth moved that the City Attorney be directed
to prepare an ordinance vacating J. H. Patten Road through
Randall Park Division #1 without charge , since a new street
will be created through the project . Lee seconded , motion
carried.
LID 260, Off-Street Parking. Mr. Street stated that about
a month ago, the Council authorized issuance of warrants
against this LID. He suggested that the property owners in
the LID be notified that $442, 449.00 will be placed in an
escrow- account to be used to obtain the parcels in the LID.
The City Engineer will prepare the final assessment roll.
East-West . Mr. Street read a letter from the Washington
State Highway Commission concerning. the proposed corridor
location for SR 516 from 4th S. to 124th S.E. Woodworth
moved to refer the matter to the Street Committee , Hogan
seconded, motion carried.
LID 261 , So. 212th, Phase III. Pozzi reported that the
Street Committee met with the engineers on this matter,
and it is their recommendation that authorization be given
to hire Dames & Moore for soils testing to. a maximum of
$2000.. Masters so moved, Hogan seconded, motion carried.
LID 261. Pozzi stated that the Street Committee recommended
that further design on this project be delayed until the High-
way Department study of traffic flow is completed , noting
that the study might show a need for a complete interchange.
So. 212th - Traffic Control. Barnier expressed concern
about the situation on S. 212th. The Milwaukee Railroad
crossing is not complete and the railroad has refused to
allow it to be four lanes , thus creating a dangerous situa-
tion . Ramsey stated that delivery of equipment is delaying
the completion and that Hill , Ingman & Chase would look
into the matter.
Traffic Control. Hogan noted that the Metro shack on
James St. at Woodford was causing a traffic hazard. The
City Engineer stated that authorization had not been given
for this location and that he would have it removed.
STREETS Paul Barden stated that in March, Mayor Thornton and
he discussed the highway department ' s lack of enthusiasm
to provide ingress and egress at the park at the sanitary
land fill on the West Hill. IIe stated that the City
Engineer sent in a proposed plan which he went over with
the Highway Department and stated that the Highway Depart-
ment rejected it. lie urged the Council to meet with him
and Highway Department representatives , in Olympia to go
over the matter.
HEALTH & ULID #l. It was noted that the Union Pacific Railroad was
SANITATION charged for two side sewer connections at $150.00 each,
which were then not installed. Resolution 634 was read by the
City Attorney, authorizing the City Treasurer to refund
$300.00 for Assessment #1 and Assessment #562 to Union
Pacific Railroad . Barnier moved to adopt the resolution ,
Lee seconded. Under discussion , Ramsey explained that the
Contractor had not been paid for these two connections.
Motion carried .
ULID #1. Barnier reported that the North Sewer System
is almot complete , with a small amount of work remaining
on Contracts 4 and 5 •
Mill Creek Sewer. The City Engineer noted that the tri-
party agreement between Cascade Sewer District , Metro and
the City of Kent concerning the extension of Mill Creek
sewer was received today, but he had not had time to peruse
it . He further noted that the two-party agreement between
Cascade Sewer District and the City has not as yet been
received. Barnier moved that action be withheld on this
matter, Masters seconded , motion carried.
. FINANCE Ordinance 1601 , making the position of City Treasurer
appointive , rather than elective was read by the City
Attorney. Hogan moved for passage of the ordinance,
Masters seconded. Under discussion , it was determined
that the appointee need . not be a resident of the City.
Motion carried.
LID Segregation . Mr. Street pointed out the need for a
city policy regarding LID segregation , recommending that
the .city not segregate properties in most instances for
these reasons :
1. Any error made wherein the total paid would
not equal the original assessment , the shortage
would have to be made up from the Guaranty Fund.
2. The purchaser would certainly believe the city
was at fault if he had .to pay for any of the
assessment assigned to another portion of pro- .
perty, but had become delinquent and after
foreclosure , the LID had not received the full
assessment .
3. Insurance companies generally do not insure the
purchaser against LID assessments , and too many
times on closing of sales , the assessments have
not been explained.
He has recommended . that the city adopt a policy of
not segregating except for thosetimes when a govern-
mental unit , state, county or municipal district applies
for such segregation . . The reason for the exception is
that often times a governmental unit in purchasing an ease-
ment or deed for right-of-way that is a very small portjQp
of the whole and governmental units would be accepting the
risk involved , and only upon application wherein notice
could be given. Hogan moved for the City Attorney to draft
a resolution in accordance with Street ' s recommendations ,
Woodworth seconded , motion carried.
BIDS The following bids were received for a tractor
mower:
International Harvester $4,054.60, inc. tax
Evergreen Equipment 5 , 169.62 , inc. tax
Buck & Son 4, 593.82 , inc. tax
Ray Boch Equipment 3, 807.13 , inc . tax
Gib Kendall of the Street Department noted that
demonstrations of the machines have not been .
shown yet and suggested the award be held over
until June 2 , 1969. Woodworth so moved , Hogan
seconded, motion carried.
APPEAL Mac Pherson ' s Realty. The continued public
hearing was opened on the appeal of Mac Pherson ' s
Realty from a ruling of the Board of Adjustment
in denying their request for a variance to allow
a duplex on a 40 ' X 128 ' lot in an R-2 zone in
North Park. Mr. Kleweno, attorney representing
the property owners stated that the variance should
be granted for the following reasons : (1) prior
precedent was established in this area in March,
1968 when a variance was granted for a duplex unit
across the street on the same size lot , (2) the
building would upgrade the neighborhood , . (3) the
area is carried on the Comprehensive Plan as
multiple zoning and would seem to add to the area
rather than leaving a vacant lot which might become
overgrown with weeds , (4 ) it is a logical develop-
ment for the property and (5 ) there were no objections
from any of the neighbors. The minutes of the April
1 Board of Adjustment meeting were read , giving the
following reasons for denial : (1 ) the lot is under-
sized , (2) it is not in accordance and is not wanted
as an example , (3 ) continuance of an undersized
duplex must be stopped. Kleweno indicated that these
two lots are part of a plat which was planned in 40'
lots . The house adjacent to this property was on a
single lot and the garage that served the house was
on a portion of each of the lots . About 114 years
ago, a fire damaged the garage and the owner tore the
structure down, planning to use the 40 , lot for build-
ing. One house has been resold and there remains a
40 ' lot . Mr. Abercombrie , former owner of the property
noted that Mac Pherson ' s Realty,bought the property
specifically to build a duplex unit on it : Mr.
O'Connel of Mac Pherson ' s Realty, stated that at the
time they bought from Abercombrie , he. was told that
a variance, was granted for a duplex across the street
and assumed that one would also be granted for this
property. There were no further comments and the
hearing was closed by motion . Baffaro moved that
the Board of Adjustment ' s recommendation to deny the
variance be upheld , Woodworth seconded . Under dis-
cussion , the City Engineer explained that this
request was not comparable to the duplex across
the street from the standpoint of ownership se-
quence . The Mac Pherson property has been a
double lot (80, frontage) for years , but the
site of the other duplex has been --h own as a single
CORREC Ed • REt:ER TO lot since prior to 1915. Motion carried , with Barnier
and Masters voting nay. Upon Woodworth' s• query, the
MtNUT OF „„�„�w.�.{..... City Attorney stated that the City has an ordinance
covering weed abatement.
FINANCE Masters stated that the bills for the month of April
included a warrant for $13 ,796 to satisfy a judgment
for Kent Industrial Center and requested that the City
Attorney investigate the facts surrounding the suit .
Bereiter stated he would report on the matter.
BUILDING Street reported that a meeting is scheduled Tuesday,
May 20th at 10:00 a.m. with the architects , regard-
ing the new city hall.
PARKS Mill Creek. Hogan moved that the Parks & Recrea-
tion Commission be authorized to apply for match-
ing funds for several parcels of land in the Mill
Creek park area, Masters seconded , motion carried .
Park Board . Ordinance 1600, amending Ordinance
156E—to allow appointees serving on the Board of
Park Commissioners to reside outside the city
limits , was read by the City Attorney. Woodworth
moved for passage of the ordinance, Lee seconded,
motion carried.
Hogan moved to confirm the Mayor' s appointment of
Mrs . Harold Heath as a member of the Park Board
to become effective May 26 , 1969 , Lee seconded ,
moti.on carried .
TRAIN It was noted that at the last Council Meeting, , an ,
WHISTLES ordinance requiring that trains sound their whistles
at all crossings inside the city was referred to the
Police Committee for study. Woodworth reported -that
a meeting was held , at which three different things
were discussed (1) to enact the ordinance as presented
(2) to consider an ordinance which would require no
whistles at all and ( 3 ) to leave it as it stand.s.
Woodworth stated that the majority. of the committee
recommended that no action be taken. The City Attorney
noted that there would be no added liability if the
ordinance was not enacted , and that there would be an
increase in the scope of liability if the ordinance was
passed, if we did not enforce the ordinance completely.
Woodworth noted that he is opposed to this decision.
No action was taken .
COMPREHEN- Resolution 633 , adopting the Comprehensive Plan was
SIVE PLAN read by the City Attorney. Hogan moved to adopt the
resolution , Masters seconded . Under discussion , Baffaro
asked if this is to adopt the changes only. The City
Attorney replied .that this would adopt the complete
Comprehensive Plan . The following addendum to the text
has been submitted by Mr. Gast :
May 19 , 1969
ADDENDUM TO TEXT
This addendum constitutes part of the Kent Comprehen-
sive Plan adopted this day by the Council of the City
of Kent .
The indicated material herein is hereby added to the
text of the Plan .
1. To chapter II , Land Use , sub-heading "A g riculture"
p. 14 , add the following:
It is recognized that many factors , most of
which are beyond the control of local govern-
ment may re change of use to something
Y require q g g
other than agriculture. Such factors shall be s
given due consideration in the future zoning or
rezoning of lands designated in this Plan as
agriculture , if and when such lands become part of
the corporate limits of the City of Kent . There-
fore , the designation of agriculture may be re-
garded as a desirable but transitional use.
I
COMPREHENSIVE 2 . To chapter II , Land Use , sub-heading
PLAN "Residence" , p. 11� the following:
Certain areas on the east slope of West
Hill, north of the Kent Des-Moines Road ,
shown in this Plan as "Residence-Low
Density" , shall be re-examined by the
Planning Commission upon its first annual
review following adoption of the Plan.
The appropriateness of redesignating the
aforementioned areas' as "Residence-Medium-
High Density" shall have first consideration.
3. To chapter VII , The Comprehensive Plan and its
Co... Cuit� • REFER TO Implementation , sub-heading 5, "Periodic Review
MINM�IV TES+ �F `,�,_leq of the Comprehensive Plan , " add the following:
GJJ Among other factors to be considered in greater
depth in future review of the Plan shall be the
geologic , hydrologic and seismic characteristics
of the planning area and their implications for
future development of the area .
Bereiter explained that the addendum would be
attached to the text , and upon adoption of the
Resolution , all documents , including maps will
be certified by the City Clerk and filed in the
vault , with copies available to- the public .
Woodworth referred to item #1 of the addendum,
suggesting that the words : "if and when such
lands become a part of the corporate limits of
the City of Kent" be stricken . Mr. Gast ex-
plained that this was so phrased to clarify the
position for those parcels which weee now out-
side the city, but which may seek annexation and
that property inside would be automatically covered.
Lee questioned the use of the word agricultural ,
noting that he was under the impression that the
word transitional would be used. Street pointed
out that the last sentence covers this : "Therefore
the designation of agriculture may be regarded as
a desirable but transitional use" . Gast pointed
out that by this sentence the city, would , as a
matter of practice be more liberal. Gast noted
that the Planning Commission has selected the
terminology, that it appeared to the Planning
Commission that some areas might possibly remain
agricultural and that certainly it would not force
farmers to continue to use their property as
agricultural only. Mr. Muschall asked whom he would
contact for a rezone of his county property. The
City Attorney stated that the county should be con-
tacted , but that they would probably be guided by
Kent ' s Comprehensive Plan .
Barnier stated that in view of the fact that state
law gives the Council some degree of power or control
over the use of property, he was concerned as to
whether designations of park or open space use would
infringe upon the owners right to utilize their pro-
perty at the highest and best use. The City Attorney
pointed out that there is a specific portion of the
text of the Comprehensive Plan that acknowledges
that these are planning concepts only and cannot be
used to deprive the owner of the appropriate zoning
of his property. Iie further stated that if the city
wants the property for park or open space use , they
must buy it . Gib Kendall stated that he owns C-3
property that is designated as open space and opined
that any developer interested in the property would
be deterred upon finding the open space designation
on the Comprehensive Plan. Kendall stated further
that he wished to go on record as being opposed to
open space designations. Pozzi opined that if the
city wanted property for open space , it would have
to meet the price offered by others . Baffaro asked
I
it
COMPREHENSIVE why open space was designated in the middle of
PLAN the valley and what determines the location of
j open space areas. Gast replied that there are
several factors taken into account , noting that
the Planning Commission tried to make land use
j proposals that would help preserve the natural
amenities of the valley, therefore they designated
j areas that appeared to be available, desirable ,
etc . He stated that unless approximate locations
for open space development are designated , finan-
cial aid will not be readily available for develop-
ment of parks , etc. Ile noted that the designation.
of open space does not deprive the owner of more`
intensive use. He pointed out that the text� and
maps must be considered together for adequate
iinterpretation.
Mr. Kleweno referred to Item II of the addendum
and opined that this should be designated as medium high
j density rather than low density. Barnier asked
I if it was feasible to amend Item II of this add-
endum to review the designation in 60 days instead
of one year. Woodworth moved to amend the original
motion to include changing the designation of this
area from "Residence-Low Density" to "Residence
Medium-High Density" , Masters seconded. Gast
stated that this would necessitate changes to the
maps , incurring additional work and considerable
delay to the passage of the plan . He noted that
much of the land in question is at least a year
away from actual development . Masters suggested
that it be left as is , and the plan be adopted.
Upon Lee ' s query, the City Attorney stated that
the Comprehensive Plan will not become effective
until it is certified and it is filed in the office
of the City Clerk. Upon roll call vote , the amend-
ment failed., Hogan , Baffaro, Lee , Masters voted nay,
Barnier and Woodworth voted aye. Upon roll call
vote on the original motion to adopt Resolution 633,
approving the Comprehensive Plan , Barnier, Lee,
Masters , Hogan and Woodworth voted aye , Baffaro
voted nay. Motion carried.
CONFERENCES & It was noted that the annual meeting of the Asso-
CONVENTIONS ciation of Washington Cities is scheduled for. July
16-18 at the Washington Plaza Hotel in Seattle ,
Woodworth moved for Mayor Thornton , Councilmen Lee
and Hogan be named as the official voting delegates
to the AWC meeting, with alternates being Woodworth,
Masters and Baffaro. Baffaro seconded, motion carried.
Claim's received through May loth, for which
authorization was given for payment at the last
meeting:
Current Expense 17, 361.29
Transfers (KC Tax) 75 ,770.85
Firemen 's R/P 306.60
City Hall Constr. 264.05
Library 314.25
Park 7 , 521.13
Arterial St . So. 240th Sig. 25.56
Street 14 ,011. 36
Equip. Rental 8 ,780.19
Garbage 12 , 386.73
Sewer 34 , 301.45
Water 78 , 953.07
1967 Sewer Constr. (ULID #1) 60,492 .48
LID 255 3 ,175. 30
313, .31
Interest Bearing Warrants
North Kent Water
Austin Construction 51 , 786.14
Constructors Pamco 13 ,230.00
Salem Sand & Gravel 16 ,547.82
K. C. Road #2 77.00
Hill , Ingman & Chase 3 ,669.82
Anderson & Kelly 625.40
Bell Anderson Ins . 18.00
LID 252
Austin Construction 311.24
Austin Construction 7 ,874. 36
Hill , Ingman & Chase 2 , 124.94
LID 256
Morrison Knudsen , Inc. 72 ,098. 34
Hill , .Ingman & Chase 1 , 760.43
K. C. Trasurer 25.00
1966 Sewer Constr. Issue II
Bell Anderson Ins . Co. 38.00
LID 253 , So. 212th
Bell Anderson Ins . 19.00
Shorett & Riely 1 , 200.00
Dames & Moore 893.36
Dames & Moore 171.76
Roberts , Shefelman , Lawrence , Gay & Moch 1 ,66o.89
Hill , Ingman & Chase 5 ,162.61
Red Samm Mining Co. 16 , 700.89
Dames & Moore 6 , o45.31
LID 255, So. 228th
Red Samm Mining Co. 41,671. 37
Hill, Ingman & Chase 3 ,785.57
LID 257
Union Federal Savings & Loan Assoc . 25.00
John Grosz, Margaret Grosz 900.00
George M Booher 1 ,100.00
Abeyta, Zimmermang, & Highline Savings 1,000.00
Williamson , Ling, "Nletro Savings & Loan 925.00
Ecternkamp & Union Federal Savings & Loan 1 , 550.00
Hansen & McHugo 1, 375 .00
Williams & Williams 3 , 000.00
Shuknecht & Schuknecht & Metro Fed. Savings 925.00
Citizens .Fed. Savings & Loan 25.00
Tom Coppage 250.00
Peoples Mortgage Co. 25.00
Flick, Flick & Peoples Mortgage Co. 165.00
Coates Field Service 2, 526.46
Metro Savings & Loan Assoc. 25.00
Ball , Ball & Pioneer Nat 'l Ins. Co. 1, 300.00
Metro Fed. Savings & Loan Assoc . 25.00
Margaret McPhee & Ruth Cole 2, 100.00
John Costello 200.00
Truax & Security Savings & Loan Assoc . 525 .00
Coates Field Service 252.00
Hill , Ingman & Chase 650.67
LID 258, 4th Ave.
Coates Field Service 57.0.65
Swift Printing 57.74
Hill, Ingman & Chase 258.55
LID 261 , So. 212th, Phase III
Bell Anderson Ins . 19.00
State Treasurer 6.47
Hill , Ingman & Chase 167.89
MEETING ADJOURNED: 4 : 55 p.m,
Respectfully submitted,
7 ;
Alex Thornton , Mayor Marie Jensen , �yCl�erk