Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/19/1970 Kent, Washington January 19 , 1970 Regular meeting of the Kent City Council was called to order at 7:00 p.m. Present: Mayor Hogan, Councilmen: Baffaro, Barnier, Clements, Elliott, Lee, Martell and Masters, City Administrator Street, City Engineer Sherwood and Planning Director Harris Councilman-at-large Clements, was sworn in by the City Clerk for his elected term. Lee moved to approve the minutes of the last meeting with the following correction: Page 6, under Uniform Building Code, Volume III, should be changed to read: "the motion was reconsidered and upon roll call vote, all voted nay. Motion failed. Masters seconded, motion carried. STREETS James Street Railroad Crossings. A letter from the Northern Pacific Railroad was received concerning the construction of the James Street crossing in conjunction with the construction of this street. The railroad suggests that the signals be ordered immediately as it takes 6 months for delivery. BARNIER MOVED that the City Engineer be directed to authorize immediate order- ing of these signals by the Northern Pacific Railroad. Baffaro seconded, motion carried. MARTELL MOVED that the necessary application be made to the Washington Utilities and Transportation Commission to place this crossing in those financed 60/ by the State, 30% by the City and 10/ by the railroad, Barnier seconded, motion carried. Traffic Control . A report was read from the Traffic Engineer , containing the following recommendations : ( 1 ) to reduce the speed limit from 50 MPH to 40 MPH on the East Valley Highway from So. 22Bth to the North city limits (2 ) reduce the speed limit on 94th Ive. S. from So. 240th to the north city limit and from So. 240th to the south city limit line. It was noted that this would conform with the county ' s posted speed limit on the portions of 94th which are in King County. MASTERS MOVED to accept the recommendations of the Traffic Engineer, for the necessary application to be sent to the State Highway Commission and to direct the City Attorney to prepare the necessary ordinance, Clements seconded, motion carried. Deed. It was noted that the Milwaukee Railroad has offered the City a warranty deed for a frontage road adjacent to the railroad automobile marshalling yard at So. 277th. The City Attorney recommends that the City not accept this deed until the underlying mortages are cleared from the title. Mr. Ploeger, attorney for the railroad, stated that the deed is free and clear. LEE MOVED that the above deed be returned to the !Milwaukee Railroad with a request that the title be clear, Barnier Seconded, motion carried. LID 257 James Street. It was noted that Schedule IV in the contracts for improvement of James Street provides for landscaping along the street. It is estimated that if the rhododendrons were excluded at this time, the amount could be decreased by $22,000 . 14ASTERS MOVED that Schedule IV in the contracts for both portions of the James Street improvements be accepted, except for the furnishing of rhododendrons, Martell seconded. Under discussion, it was pointed out that under Contract A the Scarlet Oak, Heather and Skimmia will be used and under Contract B, Heather, Skimmia and Prumus Bleriana. Motion carried. LID 257. It was noted that a portion of Lot 1, Block 1 of the Sanwick Addition is surplus after retaining the property ncc ssary to improve James Street and Fourth Avenue. The adjacent property owner has offered to purchase the excess in conjunction with giving up area from his lot. MARTELL MOVED to declare the unusable portion of Lot 1, Block 1 , Sanwick 's Addition surplus and for the special counsel to be authorized to include this in completing negotiations f or .acquisition of rights-of-way for James Street, Barnier seconded, motion carried. STREETS Ordinance 1638, amending Ordinance 1550 with reference to Parcel T-57, the George M. Booher property, and pro- viding for condemnation for additional right-of-way for 360 square feet was read by Mr. Street. LEE MOVED for passage of the ordinance, Barnier seconded, motion carried. LID 257 and LID 258, `'oils Investigation. It was noted that in all street projects, the firm of Dames & Moore has conducted the soils analysis and allied engineering on an hourly basis. Estimated charges for these services for the James Street and 4th t4venue improvements would run from $225 to $600 per week. MARTELL MOVED to refer this proposal to the street committee for study, Clements seconded. Upon roll call vote, motion carried unanimously. (Baff aro was momentarily absent from the meeting and did not vote ) . A meeting was scheduled for Monday, January 26th at 7: 30 p.m. to discuss the matter. James Street. It wss noted that it is necessary for the contractor to do drive street piling in conjunctbn with the construction of the Mill Creek culvert under James Street, making it necessary to close that portion of James Street. Larry Morrison, representing Red-Samm Mining Co. explained the problem, stating that the closure would be for approximately 7 days, beginning Saturday, January 24th, from Clark Street to Central avenue. WATER S. 218th St. Reservoir. It was noted that the Utilities and Sanitation Committee, City Engineer, City Administrator and Consulting Engineers had met to review the bids received to construct the So. 218th St. Reservoir. This report re- veals that only a few items , totaling $23 ,000 of the $533, 000 low bid could be eliminated. The committee directed the Administrator to develop current revenue bond capacity and report back and directed the City Engineer to proceed with the last EDA project, the supply lines to this reservoir, so that early release of ED1� funds might be received. Clark Springs. To assure painting of certain items at the Clark Springs improvement, Austin Construction posted a bond in the amount of $425 . Subsequently, they asked the water department to do this work for the amount of the bond. BARNIER MOVED that the City Treasurer be directed to release the cash bond of Austin Construction and to make the check payable to the Kent tiVater Department, Baffaro seconded, motion carried. Extension. It was noted that the City Attorney has advised Mayor Hogan that in his opinion, the revised water pipeline agreement as proposed by the Milwaukee Railroad for the auto marshalling complex, is not satisfactory, and should not be accepted. Mr. Warren Ploeger, Western Counsel for the rail- road noted that the agreement is a standard form and that he had prepared another draft. Ile clarified that the railroad owned the property and the rights to preserve it for rail- road use must be reserved. Mayor Kogan noted that one matter of concern was the provision that if the pipe had to be re- iocated, it would be at the city's expense. Mr. Ploeger stated that the reasoning was that it was easier to relocate the pipe than to move the railroad. Mayor IIogan suggested that the City Engineer and City Attorney review the draft before it is accepted. Mr. Ploeger pointed out that con- struction of the water line could not begin until the city had accepted the agreement. BARNIER MOVED to refer the new draft to the utilities committee and City Engineer, City Attorney and Administrator with power to negotiate with the railroad, Masters seconded. It was pointed out that the council had, - at the last meeting, passed a motion to approve the contract subject to the City Attorney' s approval. Barnier withdrew his motion, Masters withdrew her second. BARNIER MOVED for the Council to approve the agreement with the railroad, subject to approval of the utilities committee in company with the City Attorney, Masters seconded, motion carried. Barnier noted that other interested officials were welcome to attend the commitee meeting. A meeting was scheduled for January 26th at 8:00 p.m. UTILITIES Drainage Complaint. A letter was read from the Clark & Boat Co. of 18817 East Valley Highway, requesting action SANITATION from the City to alleviate an inadequate drainage pro- blem in their area. BARNIER MOVED to place the letter on file , Masters seconded, motion carried. Barnier stated that the Utilities Committee has reviewed the problem and noted that the building is too far away to connect to the sewer. The committee recommends that the City take no action since this is private property and stated that the comiittee could offer no solution unless proper clearance was presented to the City. LEE MOVED to accept the recommendations of the Utilities Committee, BarniEr seconded, motion carried. LID 259 , horseshoe Acres Sewer. Barnier stated that another meeting with property owners had been held, noting that the majority of the owners want to wait until July to see if the federal funds will be granted. Garbage Collection. It was noted that Mr. Erath of Shaw Disposal, pledged $2,500, held by Auburn Federal Savings, as part of his contract to haul garbage and since this contract has expired, it is necessary to release this pledge. BARNIER SO MOVED, Clements seconded, motion carried. Garbage Collection. Ordinance 1639, amending prior ordinances condified as 5 .4 relative to garbage collection within the City, was read by Mr. Street. CLEMENTS MOVED for passage of the ordinance, Barnier seconded. Under discussion, Barnier asked if the ordinance contained any provision for picking up spilled garbage. Mr. Street noted that the contractor is obligated to pick up only that which is spilled by his employees. Motion carried. Mr. Robards complained from the audience about the garbage collection service. Street stated that he was meeting with representatives of General Disposal regarding complaints on January 20th. BARNIER MOVED that the City enter into a joint enforcement program with King County Health 'Department to abate poten- tial cross connections in accordance with the regulations of the State Health Department, Martell seconded. Under this program; the City would provide some personnel to assist the county inspectors and the notice of request of compliance would be signed by Dr. Lehman and Mayor Hogan. Under dis- cussion, Mr. Suttle- of the King County health Department; stated that this program would eliminate the danger of polluted water entering the potable water system. IIe noted that this had occurred at two schools and two industries from which samples had been taken in September. Motion carried. Letters were read from Mr. Arnold Blessing, Mr. Merville Bishop and Mr. & Mrs. J. rlauritsen regarding the application of connection to a sanitary sewer when one is available. It was noted that a similar letter from Mr. Bernasconi was read at the last meeting. The utilities and sanitation committee reviewed the letters and in addition, reviewed a question received by telephone concerning the required connection of a building which is 800 feet from the sewer, although the sewer is adjacent to the property line. Ordinance 874 coded 9.4.92 is quoted in part: "The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the City of Kent and abutting on any street, alley or easement in which there is now located or may in the future be located, a public sanitary sewer of the City is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the pro- visions of this chapter, within ninety (90 ) days after date of official notice to do so, provided that such public sewer is within two hundred feet of the property line" . UTILITIES It was noted that during construction of the North & End Sewer, several residents asked about connections SANITATION and were informed that they would be charged for the service whether they were connected or not. This was a true statement, but the problem arises from the fact that the official notice was not sent immediately upon the line going into service. Mrs. Mauritsen claims that even though she is connected to the sewer, she should not have to pay for the service until everyone is required to pay. The City is paying Metro for ser- vice to the Mauritsens. Barnier noted that the committee had reviewed the following problems; 1. Those who are nowconnected, he stated that the only complaint which could be considered valid was that the notices were not sent out before January. 2 . Those who have buildings located an excessive dis- tance from the sewer. The committee agreed that the cost of connection was high in this case, but that the ordi- nance was quite clear in requiring payment if the sewer line is within 200 feet of the property line. He stated that the only relief for someone in this situation was to pay the sewer rate and not connect. 3 . Those who were not part of the LID and now must pay either an area or frontage charge or both in addition to the connection charges. Mr. Street noted that the City• had the Garrison Creek line oversized so these people could use it in lieu of a parallel line to it, thus avoiding excessive costs. The people on that line have received this notice because they qualify under the ordinance . Side sewers were installed from the main to the property line and they have liability of area and frontage charge on that sewer because it is a Metro project . Barnier concurred. BARNIER MOVED to adopt the recommendations of the utilities committee, Elliott seconded, motion carried. FINANCE LID 257 . MARTELL MOVED for the City Treasurer to be dir- ected to issue a note in lieu of bonds to the Firemen 's Pension Fund to finance the unpaid assessments of LID 257 in the amount of $21 , 252 .20 with interest at 7/ on the unpaid principal , Baffaro seconded, motion carried. RAILROAD City officials were reminded of the joint meeting of the CROSSINGS Council and Planning Commission on Tuesday, January 20th at 7: 30 p.m. to consider the railroad crossings of the valley. TOUR It was noted that the tour of the city departments and facilities started January 10th by the Mayor and Council- men will be completed on January 31 beginning at 9:00 a.m. HOUSING BARNIER MOVED for the City Engineer to take action to en- CODE force the present housing code of the City, particularly as it pertains to existing buildings. 13affaro seconded. Clements concurred with Barnier stating that if the pre- sent code was enforced, there would be no need to adopt Volume III. Mayor Hogan and Lee requested that Barnier prepare a list of items which are not being enforced. Street stated that he thougYt the reference was to abate- ment procedure, which takes 6 to B months to enforce. Motion carried, with Lee voting nay. BIDS Fuel Oil . The following bids were received to furnish fuel oil : City Transfer Suburban Fuel P.S. 300 $3 .50 per barrel No bid P.S. 200 .1313 per gal . .1295 per gal . BARNIER MOVED to award the bid for P .S. 300 to City Trans- fer and to award the low bid for P.S. 200 to Suburban Fuel , Elliott seconded, motion carried. LICENSES Masters noted that an application from the Ebb Tide for a cabaret license has been approved by the Police Department. CITY ATTORNEY MASTERS MOVED that the Mayor ' s appointment of Don Mirk as City Attorney be confirmed, Lee seconded. Under discussion, Clements asked if any law firms had been contacted to see if any would contract on a firm basis. Street stated that four firms had been contacted and in no instance would they contract on a firm basis . Motion carried, with Clements voting nay. ZONING Ordinance 1633 , amending portions of the Zoning Ordinance ORDINANCE Ord. 1071 ) was read by Mr. Street. The public hearing was opened. There were no comments from the audience. Barnier opined that amendments should include provision for properly constructed veterinary hospitals in other than industrial zones. Mr. Street suggested that the Planning Director investigate as to how this is handled in other cities and report back to the Planning Commission. MARTELL MOVED to close the hearing, Barnier seconded, motion carried. LEE MOVED for passage of the ordinance, Barnier seconded, motion carried. Ordinance 1634 was read by Mr. Street, amending the Zoning Ordinance as it pertains to the Board of Adjustment in compliance with the provisions of the Optional Municipal Code. The public hearing was opened. There were no comments or objections from the floor. Barnier was concerned about the provision that the citizens could no longer appeal to the Council over decisions made to the Board of Adjustment, but would now have to appeal through the Superior Court, which is costly. Clements noted that this is mandatory under the new Optional Municipal Code. ELLIOTT MOVED to close the hearing, Martell seconded, motion carried. CLEMENTS MOVED to adopt the ordinance, Martell seconded, motion carried, with Barnier voting nay. COUNCIL Resolution 660 was read by the City lidministrator . establish- MEETINGS ing rules of conduct for council meetings. MASTERS MOVED RULES OF for adoption of the resolution, Barnier seconded. It was CONDUCT determined that Section 18 was covered in Section 3 and could be deleted. Under discussion, Lee questioned Section 8 which states: "no member shall speak more than twice on .the same subject without permission of 2/3rds of the Council members present. Barnier asked if the audience should also be included in this restriction. Masters stated that these were rules of procedure for the Council, and this section would enable the pm siding officer to control the meeting. Motion carried. A workshop session of the Council is scheduled for February 23, at 7 :30 p.m. CLIFFORD Ordinance 1635 approving the Clifford Plat was read by Mr. PLAT Street. LEE MOVED for passage of the ordinance, Barnier seconded, motion carried. GREEN A letter was read from Ruskin Fisher and Associates stating VALLEY that they have been unable to receive a drainage release HEIGHTS 47 from the City of Seattle Water Department in connection with Green Valley Heights #7 plat. BARNIER MOVED to refer the matter to the utilities and sanitation committee , Martell seconded, motion carried. ZONING Lotto Annexation. _Ordinance 1636 approving R-4 and C-3 zoning for the Lotto Annexation was read by Mr. Street. MARTELL MOVED for passage of the ordinance, Elliott seconded, motion carried. Tonelli-Pohl . Ordinance 1637 approving a rezone from R-1 to .14-1 for portions of the Tonelli-Pohl property was read by,Mr. Street. ELLIOTT MOVED for passage of the ordinance, Barnier seconded, motion carried. AUDIENCE Four girls from the Kentridge High School were welcomed to the council meeting by Mayor Hogan. UTILITIES Kent Langley Assn - Aero Mechanics Housing. MASTERS & MOVED that the Mayor be authorized to sign the pump SANITATION station and sewer line agreement with Kent Langley Association (Aero-Kent) and to accept the Bill of Sale and Easements previously accepted conditionally by Council action on September 15 , 1969 , (these conditions only recently having been met) ) , with the express intent that this acceptance and ratification is made by the City of Kent as of January 19 , 1970 and based in part upon the promises to warrant the fitness of the pump station and facilities for one year from said latter date , Baff aro seconded, motion carried. BAFFARO MOVED that the bills received on or before January 20 , 1970 and approved by the auditing committee, be paid: 1969 Bills Current Expense 20,080.11 Library 241.25 Park 7, 633 . 25 Forward Thrust 400 .00 Arterial Street 9 , 290 .00 Street 11 , 212 .69 Equipment Rental 7, 263 .05 New City Hall Constr. 10,550 .00 Garbage 12 , 443 .70 Sewer 6, 798.39 Water 13,904.36 LID 255 So. 228th 143 .61 Reith Road Phase I 2 ,546.46 Interest Bearing Warrants LID 253 S. 212th Hill , Ingman, Chase & Co. 222.62 LID 256 16" Water Main Ext. 390.05 Hill, Ingman, Chase & Co. LID 257 James Street Walter R. Renschler 500 .00 Walter R. Renschler 750 .00 IIill, Ingman, Chase & Co. 1,403 .62 Walter R. Renschler 1, 500.00 Walter R. Renschler 75 .00 Walter R. Renschler 900.00 Walter R. Renschler 600 .00 LID 258 4th Ave . Daily Journal of Commerce 105 .00 Walter R. Renschler 700.00 Hill , Ingman, Chase & Co. 42.85 'N. Kent Water Hill, Ingman, Chase & Co. 40.00 Hill, Ingman, Chase & Co. 550. 32 Hill, Ingman, Chase & Co. 13 , 180.44 Sewer Construction 1969 Municipality of Metropolitan Seattle 64, 478.42 1970 Bills Water 1 ,554.35 Non-Departmental 1, 238.94 MEETING ADJOURNED: 9 :45 p.m. Restfully submitted, Isabel Mogan, P yor Marie Jensen, Cd1bycLQ:herk