Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/05/1970 Kent, Washington January 5 , 1970 Regular meeting of the Kent City Council was called to order at 3:00 p.m. Present: Mayor Hogan, Councilmen: Baffaro, Barnier, Clements, Lee, Elliott, Martell and Masters, City Administrator Street, City Attorney Bereiter, City Engineer Sherwood and Planning Director Harris. Minutes of the last meeting were approved as printed and accepted by motion. Treasurer 's report submitted, accepted and placed on file by motion. WATER S. 218th Reservoir Site. It was noted that the city contracted with Iddings Brothers for removal of gravel from the 218th Street Reservoir Site, for which the ,City receives 15G a cubic yard for the material removed. Within the bid for construction of the reservoir, it will cost the city $2.00 a yard to have this material removed. Mr. Iddings believes he could remove 40 to 50,000 yards of this material if he did not have to pay the 15(,' a yard for the material. The City Engineer noted that approxi- mately 30,000 yards has been removed by Iddings thus far. BARNIER MOVED for the Utilities Committee to be authorized to negotiate the contract with Iddings, Clements seconded, motion carried. Extension. The City Engineer reported that the Milwaukee Railroad is proposing to extend the water line from approximately 3rd Ave. and S. 258th, west to their right- of-way, south across their bridge and then into their prop- erty which was formerly the Kent Airport property. He Noted that the railroad proposes that the pipe line that lies within their industrial property be handled by stand- ard city easement, and that the pipe line that lies on their operating property itself be covered by pipeline agree- ment. The City Engineer and City Attorney reviewed the pipe line agreement and decided that it is not in the best interest of the city. Subsequently, the railroad has made an effort to revise the pipe line agreement to remove the unsatisfactory portions, but the revision was not received until today and has therefore not been reviewed. The City Engineer noted that there will be no reimbursement agree- ment. BARNIER MOVED to approve the contract, subject to the City Attorney's approval, Elliott seconded, motion carried. Bids. S. 218th Reservoir. Twelve bids were received for the construction of the S. 218th six million gallon reservoir. The three low bids were: Atlas Construction $523,608. 75 Venture Construction 554,160 .00 Saunders, Inc. 572,186.20 I't was'noted that the low bid is 23% above the engineer 's estimate and that the engineer is preparing a report to determine where the difference occurred. LEE MOVED for the bids and the engineer' s report to be reviewed by the Utilities Committee and for a report to be made at the next meeting, Barnier seconded, motion carried. Bids: Pipes, Valves, Fittings and Hydrants. The following bids were received: 6-8-10-12-16" Pipe Pacific States Cast Iron Pipe Co. $46,556.55 U. S. Pipe & Foundry 47,924.92 6 to 12" Valves Pacific States Cast Iron Pipe Co. 8,401.70 Western Utilities 10,004.39 H. D. Fowler 9,010.65 Misc. Fittinhs Pacific States Cast Iron Pipe Co. 5 , 163.10 Western Utilities 4, 719 .92 Hydrants Pacific States 3 ,552. 30 Western Utilities 3 ,801 .78 H. D. Fowler 3 ,855 .60 WATER Barnier noted that it has been recommended by the Fiie Department and Water Department that the hydrants bid of Western Utilities be accepted over Pacific States because of the functioning quality of the Mueller hydrants. BARNIER MOVED to accept the low bid of Pacific States Cast Iron Pipe Co. to furnish pipe and valves and to accept the best bid of Western Utilities to furnish fittings and hydrants, Martell seconded, motion carried. Bids: LID 258, 4th Avenue. It was noted that ten bids were received for the improvement of 4th Avenue, LID 258, the three low bids, which are within the engineer ' s esti- mate were : L.D.L. Construction $443 , 685 .80 Tri-State Construction 470, 391.50 Bay Construction 473 , 757.00 Mr. Street pointed out that the low bid of L.D.L. Construction has been submitted to the Urban Arterial Board for approval, and that action will be taken by the Council after approval is received. LID 258, 4th Avenue . MASTERS MOVED to hold the public hearing on the final assessment roll for LID 258 on February 2 at 7 :00 p.m. , Elliott seconded, motion carried. LID 257 , James Street. Ordinance 1632, amending Ordinance 1550 , was read by the City Attorney, providing for condemna- tion for right-of-way for the James Street improvement in connection with the Olson property (Parcel T-58 ) . LEE MOVED for passage of the ordinance, Masters seconded. Dennis Scott of Hill , Ingman, Chase & Co. explained that the original ordinance provided for an 18 foot retaining wall , abutting the sidewalk, which was not acceptable to the Olsons. The counter proposal eliminated the retaining wall, but required more property for additional right-of-way, and provides for an 8 foot rockery with a fence. Scott stated this was the most economical way for the city to handle the situation. Barnier expressed concern as to the city' s liability in connection with the fence. Motion carried unanimously. LID 257. Mr. Moll presented a letter from Butler Construction which was read by the Clerk. The letter notified property owners that work would start on January 5 , removing shrubbery and relocating fences. Mr. Moll stated he had not yet received a settlement. It was noted that this letter was hand delivered to James Street residents. Mr. Street stated that Butler Construction will not enter upon property which the city has not yet acquired, and that he would discuss the matter with Mr. Moll immediately following the meeting. LID 257 . It was noted that the Milwaukee Railroad has appealed their assessment in LID 257 to the Superior Court. MASTERS MOVED that George Mack be retained to represent the City in this suit, Elliott seconded, motion carried. ,LID 257 . A letter was read from Mrs. Marvich, owner of prop- ;arty y at the corner of Prospect and James Streets, protest- ing the city ' s offer of $550 and setting the price at $1, 000 . MASTERS MOVED that the letter be referred to Jack Pain, special counsel on this project, and to the consulting engineers for action, Barnier seconded, motion carried. UTILITIES Horseshoe Acres Sewer Project. Barnier noted that some of & the property owners in Horseshoe Acres are in favor of the SANITATION sewer project even if federal funds are not available. The committee recommends that another meeting be held with the people involved at 7 : 30 p.m. on January 14th. ULID #1, North Sewer System. A letter from Toni Bernasconi was read, stating that he was told everyone would have to pay sewer charges if they lived within the specified area, whether they connected to the sewer or not. He therefore connected to the line and has subsequently discovered that not everyone ha been charged. Mr. Street noted that letters have been sent out clarifying this matter. Barnierstated that a communica- tion problem had occurred. CLEMENTS MOVED to place the letter on file, Barnier seconded, motion carried. FINANCE It was noted that the State Examiner is auditing the Sewer Construction Fund of 1967 for final submission to EDA for funding. Upon the recommendation of the State Examiner, LEE MOVED that the City Treasurer be directed to invest Garbage Funds in the amount of $40 ,000 in the interest bearing warrants of Sewer Construction 1967, Barnier seconded, motion carried. Advance Travel Expense Fund. Ordinance 1630, esta- blishing a revolving travel expense fund was read by the City Attorney. BARNIER MOVED for passage of the ordinance, Masters seconded. Under discussion, Martell opined that $200 was not sufficient. Barnier withdrew his motion, Masters withdrew her second. BARNIER MOVED for passage of the ordinance with the total amount to be increased to $500 , Masters seconded, motion carried. Lee noted that there will be a meeting of the Finance Committee at 3 : 30 p.m. on Friday, January 9th, relative to investments. NEW CITY Mr. Street reported that the City Hall plans and specifica- HALL tions are basically finished, and that to avoid numberous addenda, the architect proposes to advertise the call for bids for the 29t11 of January instead of the 12th, with the bid opening to be the 26th of February. A report on the bids will be made at the March 2nd council meeting. ANNEXATIONS Elliott noted that the Annexation Committee will meet at 10 :00 a.m. at the City Hall on January 6th. PARKS & Lake Fenwick Park. Resolution 659 was ze ad by the City RECREATION__ Attorney, approving and providing for the execution of the contract for the Federal grant to acquire and develop the Lake Fenwick Park. LEE MOVED for adoption of the resolution, Baffaro seconded, motion carried. Call for Bids. CLEMENTS MOVED that a call for bids be issued for lighting for the ball field at Kent Memorial Park, in accordance with the 1970 budget, with the bids to be opened January 26, 1970 , Elliott seconded, motion carried. Lease. The City Attorney read the lease providing for the Parks Department to lease the American Legion Ball . MARTELL MOVED for the Mayor and City Clerk .be authorized to sign the lease, Barnier seconded, motion carried. POLICY Resolution 658 adopting the Kent Policy Manual was read MANUAL by the City Attorney. MASTERS MOVED for adoption of the resolution, Elliott seconded, motion carried. BUILDING Ordinance 1631 , adopting the 1967 Building Code to replace CODE the 1964 version, was read by the City Attorney. LEE MOVED for passage of the ordinance, Martell seconded, motion carried. RESIGNATION MASTERS MOVED to accept with regret the resignation of Bohn Bereiter as City Attorney, effective January 31, 1970 and that a letter of appreciation for his years of service be forwarded to him, Baffaro seconded, motion carried, with Martell voting nay. BOARD OF LEE MOVED to confirm the Mayor ' s appointment of Phyllis ADJUSTMENT Mauritsen to the Board of Adjustment for the term ending February 1973, Barnier seconded, motion carried. UNIFORM It was noted that the Administrator has discussed the BUILDING minimum housing code with Councilmen Barnier, Clements and CODE Elliott. Barnier is concerned that the average citizen HOUSING - will not realize the he has the right to refuse entrance 1967 EDITION and opined that this should be spelled out in the ordinance. VOLUME III He believes that the present building code gives the city all the power that the minimum code does. It was pointed out that one particular difference is that the building code does not have a nuisance section which is of importance in removing old cars and other unsightly objects . Elliott UNIFORM was in favor of updating to the 1967 edition and BUILDING spoke in favor of consideration of a dangerous CODE building code (Vol . IV) and a signs code (Vol. HOUSING - V) . Clements believes that this proposed ordinance 1967 EDITION gives too great a power to the city over private VOLUME III ownership and believes that the city should not be involved in any steps towards utilization of federal funds. MASTERS MOVED that this matter be referred �RRECTED - REFER TO to a committee of the council as a whole for further �I�UTEJ Of /� �9•r1� study and recommendation, Clements seconded. Martell spoke in favor of adopting Vol . III. Upon roll call vote, Baffaro, Clements, Elliott and Masters voted aye, Barnier, Lee and Martell voted nay. Baffaro requested time to reconsider. Mayor Hogan declared a 5 minute recess. Upon reconvening, BAFFARO MOVED to reconsider the motion, Masters seconded, motion carried. The motion was reconsidered and upon roll call vote, all voted, nay, except Masters, who as maker of the motion, voted in favor. Motion failed. MARTELL MOVED for the City Attorney and Administrator to pre- pare an ordinance for consideration, including any suggested amendments, Clements seconded. Under dis- cussion, Clements requested that the Council have a copy of the proposed ordinance at least a week ahead of time for study. Motion carried unanimously. COUNCIL Ordinance 1629, changing the time of the council meet- MEETINGS ings to 7:00 p.m. was read by the City Attorney. CLEMENTS MOVED for passage of the ordinance , Martell seconded, motion carried, with Masters and Lee voting nay. ZONING BARNIER MOVED that the public hearing concerning amend- ORDINANCE ments to the zoning ordinance be continued to January AMENDMENTS 19th, Clements seconded, motion carried. RAILROAD Copies of the Planning Commission ' s report on railroad CROSSINGS crossings were presented to the Council . Mr. Harris noted the word "separated" should precede tirade crossings in the last paragraph of page 1 of the letter and in the last paragraph on page 4 of the report. BAFFARO MOVED for a joint- meeting to be held by the Planning Commission and City Council and representatives of the railroads on Tuesday, January 20th at 7: 30 p.m. , Martell seconded, motion carried. Mr. Street suggested that news of this meeting be publicized so that representatives of the Chamber of Commerce and interested industries will be represented. On-Grade Crossing of 4th Ave. It was noted that a meeting was held December 30th with the Mayor, three councilmen, City Engineer, City Attorney, Administrator and Planner representing the city, Mr. Holloway of the Washington Utilities and Transportation Commission, Paul Scott of the Milwaukee Railroad and Fred Waitman of the Chamber, for the purpose of discussing the request of the railroad for an on-grade crossing of 4th Avenue to serve the Kent Industrial Park. At the meeting, Mr. Scott presented a plan for this extension of a lead track with a passing ,Brack so that no switching would be necessary across 4th Ave. There would be two trains a day using this crossing at present. The railroad proposes cross-buck warning signs. It is recommended that the City Engineer prepare for the Mayor ' s signature, a list of requirements to be submitted to the WUTC for consideration before granting of approval of the crossing, including the following: 1 . That the railroad submit a definite plan of anticipated crossings of 4th Ave. , 228th, 212th and the West Valley Highway prior to the granting of any on-grade crossing permits. 2 . That if the present request for crossing 4th Ave. is considered in the final plan, that automatic signals be required at the whole expense of the railroad. Justification for this is the existing agreement for the City to cross this railroad at James St. 3 . That the utilization of this crossing by the rail- road be restricted so that no crossing would occur during the hours of 6 to 9 a.m. and 3 to 6 p.m. RAILROAD Martell asked if consideration was given to entering CROSSINGS along 228th instre ad of paralleling the Valley Freeway. Mr. Scott stated that it would be difficult due to the curvature of the tracks and would make additional prop- erty necessary. Mr. Scott explained that this would be a joint usage track by Milwaukee and the Union Pacific Railroad, but Milwaukee Railroad is the operating rail- road in this part of the valley, therefore they are making the application for the petition. Mr. Scott referred to Item #1 , noting that at the meeting on December 30th, he stated that they did not ancitipate crossing 228th or 212th with a north-south track, and the only other possible crossing of 4th Ave. would be to serve north of 228th. Referring to Item #r2, Mr. Scott stated that the railroad replies' to the WUTC after the city submits this request. LEE MOVED for the Mayor to send the above requirements to the Washington Utilities and Transportation Commission for consideration before approval is granted for the crossing, Barnier seconded, motion carried. ZONING Lotto Annexation. The public hearing was opened on proposed zoning for the Lotto Annexation. The Planning Commission has recommended C-3 zoning for the areas facing James Street and facing 104th and R-4 for the area encompassing the 61 unit apartment complex. There were no comments or objections and the hearing was closed by motion. LEE MOVED to accept the Planning Commission ' s recommendations and for the City Attorney to prepare the ordinance, Barnier seconded, motion carried. Tonelli and Pohl. The public hearing was opened on the application submitted by Tonelli and Pohl for a rezone from R-1 to M-1 and R-4. The Planning Commission reco- mends approval for only that portion requested for M-1 and recommended that the remaining area be denied and remain R-1. Harris noted that Tax Lot 15 , presently zoned R-1 , was left out of the original application, and stated that the Planning Commission had elected to con- sider rezoning this piece of property at it ' s next meet- ing. Mrs. Vert, who owns property on the hill above the portion requested for R-4 zoning was told that if the area was considered again for rezoning, she would again receive a notice. Harris stated that the Planning Commission had indicated that the rezone might be con- sidered again if plans for development were submitted. There were no further comments from the floor and the hearing was closed. MASTERS MOVED to approve the rezone as recommended by the Planning Commission and for the proper ordinance to be drafted by the City Attorney, Elliott seconded, motion carried. CLIFFORDS The City Engineer defined the proposed Clifford Plat ADDITION Addition as just south of James Street, between 96th PLAT and 98th Ave . S. lie noted that it is composed of 8 lots. The Planning Commission determined that it would be im- proper to require the city ' s usual standards of curbs, flutters and paving, since these were not required in Cosby's Addition, which is immediately adjacent to this plat, both of which share the same street. They recommended therefore that minimum gravel streets with storm drainage should be required. The Planning Commission also required that Lots 1 through 3 , facing James St. must connect to sanitary sewers, but did not require that Lots 4 through 8 which face 241st connect. The City Engineer noted that the plat bond and cash bond have been posted. Ile stated that sewage disposal for Lots 4 through 8 could be extended by LID methods . These lots have been adequately served by septic tanks. The public hearing was opened. There were no comments or objections and the hearing was closed by motion. BARNIER MOVED for the City Attorney to be directed to prepare an ordinance accepting the Clifford's Addition Plat, recog- nizing that this is a unique situation, Masters seconded, motion carried. MEETING ADJOURNED: 5 :00 p.m. ReApectful submitted, Isabel Hogan, Mayor Marie Jense , :C -erk