Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/02/1970 Kent, Washington March 2, 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, Masters and Martell, City Administrator Street, City Engineer Sherwood, City Attorney Mirk, Planning Director Harris Minutes of the last meeting were approved,with the following corrections: On Page 2, the reservoir site referred to as the 212th Reservoir Site should be 218th Reservoir Site. On Page 3 : Crossings of 4th Ave. No. , line 5 , the City Attorney read the amended answer. . . . and more particularly to the fact that motor vehicles would emerge from an underpass approximately 60 , prior to reaching the crossing, causing a danger of collision with trains, should be changed as underlined. Clerk 's report submitted, accepted and placed on file by motion. Mayor Hogan noted that Item B-3 relative to the City Full Bids would be moved to the last item on the agenda, and the meeting will be adjourned until 11 :00 a.m. tomorrow on this matter. WATER Extension. It was noted that the Utilities Committee had reviewed a proposed water extension along 108th S.E. and S.E. 264th and recommended that those customers who want to receive service from this line should pay the appropriate frontage and connection charge. Since all the existing houses receive city water from a small line off the transmission line, they will not be required to utilize this service, but if they do, it will be on a frontage and connection charge. MARTELL MOVED for the City Engineer to determine a frontage charge, that said charge be made of record and for the water department to extend this line as proposed, Barnier seconded, motion carried. Water Main. The Utilities Committee determined that a water main should be installed in James Street between 100th and 102nd and have recommended that the contractor furnish the material and do the installation at a fixed fee that the City has agreed upon, and that there be no mising of weight slips between this job and the one he is sub-contracting. The City Engineer has approved an easement from Atlantic Richfield for water mains near the corner of 104th S.E. and S.E. 256th. MARTELL MOVED to accept the easement and to , direct the City Clerk to record same, Barnier seconded, motion carried. It was pointed out that a recent News Journal legal ad- vertisement stated that Harry Novak had applied to the State Division of Water Management for permission to with- draw ground water for the purpose of a "community domestic + supply: in Tract 4 of Shinns Cloverdale Addition. It was noted that in. this area: (1) there is no sanitary sewer service; (2 ) that the city has a six inch main adjacent thereto; (3 ) that such community domestic supplies cannot furnish sufficient water for fire protection; (4) that such community doemestic service does in fact create areas where the entire community may thus be penalized in fire insurance rates. BARNIER MOVED for the City Administrator to be directed to submit a letter to the Division of Water Manage- ment outlining the above information, Martell seconded, Under discussion, Martell suggested that Mr. Novak be contacted .to discuss the matter, Barnier concurred. Motion carried. STREETS LID 258 LID 257 Beautfication - Landscaping. Upon Master 's query about the landscaping plan, Mr. Street stated that he had made inquiry to see if UAB will accept the city's proposal to have the Parks Department contract the entire landscaping project for both the James Street and the 4th Ave. projects. Mr. Ramsey opined that UAB would accept the proposal . STREETS Traffic Control . It was noted that the Street Committee reviewed a report from the Traffic Engineer concerning a traffic signal at East Valley and the Valley Freeway off-ramp. The State Highway Department has intimated that they w ould share 50% of the cost, including the consulting engineering for design and implementation. CLEMENTS MOVED to hire the firm of Engineered Industrial Systems, Inc. as the consulting engineer to design and implement the signal . after an agreement has been negotiated with the State Highway Department concerning costs, Masters seconded, motion carried. Bill of Sale. The City Engineer has approved the Redwill Contractor' s Bill of Sale for improving- approximately 180 feet of So. 248th Street at its intersection with Highway 99 . ELLIOTT MOVED to accept the Bill of Sale and to direct the City Clerk to record same, Martell seconded, motion carried. LID 257 James Street. It was noted that settlement has been made with Mr. Moll and Mrs. Marvich. Discussion was had regarding the Tippett access problem. A letter from James Curran was read stating that his interpretation of the decree, in the case of the City vs. Tippett is that Tippett will still have access at the same point from James Street. City Attorney Mirk stated that the City should consider the possible liability incurred if Tippett is allowed to use the garage and driveway. Barnier stated that several other property owners will also have to either back up or drive out onto James Street and opined that Tippett should be allowed to continue to have access at that point. Mr. Street pointed out that site distance must be considered. He noted that some property owners have no other ingress or egress other than James Street. Dennis Scott of HIC pointed out that the City cannot condemn the Lamb and �hortgen properties because they are not inside the City limits, and since negotiations had failed, a plan has been designed so that the facility could be built and utilized. Ile noted that the new plan would eliminate the North and South left turn lanes at 100th, and a curb would be placed in front of the Lamb and Shortgen properties. The extra lane below 100th could either be barricaded or be used as a "right turn only" lane. MASTERS MOVED for the City to pursue this plan as presented for James Street and 100th, Elliott seconded, motion carried. It was noted that the Street Committee reviewed a proposal from the State Department of Highways concerning the temporary extension of the SR 516 from 4th to Central Avenue. The City Engineer pointed out that the underground wiring requirements are involved in this and in future projects. The Street Committee asked that the City Engineer and City Attorney determine the facts involved, both financial and legal, to report at a later date. Mr. Street stated that all projects starting after September 1969, when the underground wiring ordinance was passed, are subject to undergrounding in accordance with the ordinance. He noted that the Highway Department and UAB are of the opinion tliat if overhead wiring exists, they should not share in the cost. UTILITIES It was noted that the surface water problem reported by Frank AND Nowak has been resolved. SANITATION Sewer Extension. It was noted that Vic . Meyers has requested permission to extend sanitary sewers from Aero Kent to serve an area near the Jr. Chamber of Commerce Clubhouse on 124th S.E. The Utilities Committee recommends that he be allowed to extend this sewer providing that he extends it in accordance with the City's plan which could eventually be converted to a gravity system, however, they recommended that Mr. Meryer 's proposal to install a pressure line from the NW corn be denied. BARNIER MOVED that thr request of Vic Meyers to install a pressure system from the NW corner thence north to the Aero Kent line be denied, Martell seconded,. motion carried. Health Department Survey. It was noted that the Surburan Cities through the Suburban Mayor 's Organization has asked that an independent survey of the King County Seattle Health Depart- ment operation be made. BARNIER MOVED that the City of Kent parti- cipate in the survey to be conducted by Stanford Research with an approximately cost of $2,168, Matteel seconded, motion carried. UTILITIES & Sewer Billing. It was noted that the present sewer SANITATION ordinance does not determine the method to figure a sewer bill when the recording meter fails. Metro has agreed to utilize the previous 4 months or 90 day average. BARNIER MOVED for the Utility Billing Depart- ment to use the four previous months average to estimate a sewer bill , Masters seconded, motion carried. RAILROAD Masters stated that the Planning Department has advised CROSSINGS that the Comprehensive Rail Report should be presented to the council at the next meeting. The City Engineer has received proposals from both the Milwaukee and Northern Pacific concerning the existing .railroad sidings that cross 4th Avenue just north of Smith. The Northern Pacific has two crossings and has estimated the cost for widening these crossings at $9,800, with the City paying the full cost. It was noted that in the city's opinion, a share of these costs should be paid by the Northern Pacific and have so notified them. The Milwaukee has four sidings and they propose to remove three of them. Their estimated cost for improving the remaining crossing is $4,500. The City is attempting to determine whether the full cost should be a City expense. Mr. Street noted that if it can be shown that the City had the right of way before the sidings were in, the railroad should share in the costs. It was noted that the Street Committee had determined that cross buck warn- ings would be sufficient in this location. MASTERS MOVED for the City Engineer and Administrator to .negotiate with the railroads on the costs of _these crossings, Barnier seconded, motion carried. FINANCE LID 258 and LID 260. It was noted that properties pur- chased for the off-street parking LID have assessments against them in the amount of $1059 .39 for the 4th Ave. improvement project. This is a cost of acquisition and should be paid out of the LID. ELLIOTT MOVED that an LID 260 (Off Street Parking) warrant be issued in the amount of $1059 .39 to pay assessments for LID 258 (4th Ave . Im- provements) . Clements seconded, motion carried. LID Segregation. It was determined that the City Attorney has not received the necessary information to complete the resolution for the Kato segregation and the matter will be brought up at the next meeeing. BIDS Bids for trucks and station wagons for the Equipment Rental .department were received. Low bids including tax are as follows: Item 1 - 1/2 ton pickup Hazelett Chev. $2, 453 .29 Item 2 - 1/2 ton stepside pickup Hazelett Chev. 2,425 .13 Item 3 - 1/2 ton stepside pickup Hazelett Chev. 2, 425 .13 *Item 4 - 3/4 ton stepside pickup Bowen Scarff 2,697.52 Item 5 - 1/2 ton sport pickup Hazelett Chev. 2,510.70 1*Item 6 - 6 passenger wagon Bowen Scarff 2 ,939 .96 *Item 7 - 8 or 9 passenger wagon Bowen Scarff 3,034.00 * Includes cost of exceptions and warranty. BARNIER MOVED to accept the low bids of Hazelett Chevrolet for Items 1, 2, 3, and 5 and to accept the low bids of Bower Scarff for Items 4, 6 and 7. Masters seconded, motion carried. Fire Department. The following bids were received for a truck cab and chassis to be utilized with the ladder truck: Tom Matson Valley motors $8,808.97, inc. tax Bowen Scarff 9, 381.41, inc. tax BARNIER MOVED to accept the low bid of Tom Matson Valley Motors, Martell seconded, motion carried. BIDS The following bids were received for police cars: Two Units Inc. Tax & Trade Bowen Scarff $4,590 .00 Strain ' s Auto 4,087 .36 BARNIER MOVED to accept the low bid of Strain ' s Auto, Martell seconded, motion carried. POLICE & Firemen ' s Pension Fund. A report from Milliman and FIRE Roberts, Consulting Actuaries, confirms that the Kent Firemen 's Pension Fund is sufficient to take care of its liabilities without further tax income, for the next several years, at least. The report suggests that the Pension Board should consider investing in mutual funds. SEWER LID A petition has been received for a Local Improvement District to be formed to extend sanitary sewers into the area east of the East Valley and the Valley Freeway, in the vicinity of S. 228th. Street. The Utilities Committee recommended that the City Engineer determine the logical area to be served and that a pre-hearing meeting of the property owners be held prior to formation of the LID by Council resolution. BARNIER MOVED to approve the recommends- . tion of , the Utilities Committee, Martell seconded, motion carried. ZONING Barrett. It was noted that the Planning Commission had not completed their hearing on this matter. MARTELL MOVED that the council hearing scheduled for tonight be continued until May 4, 1970, Barnier seconded, motion carried. Keck. Mr. Harris pointed out the subject property on the map which consists of 4 acres adjacent to the Comstock Club, It was noted that the Planning Commission recommends approval . The public hearing was opened on the proposed rezone from R-1 to R-3 . Robert Kuvara, Attorney representing 8 property owners living in the area, spoke in opposition to the rezone. He noted that several months ago, he had opposed C-3 zoning for this area and for an additional 8 acres, which was sub- sequently denied by the Council. Kuvara noted that at the time the C-3 zoning was sought, Keck proposed to put a road through his property, and opined that he should offer to do so now also, in addition to dedicating property on 256th which will ultimately be four-laned. IIe also requested if the rezone is granted, that I:eck be required to landscape and fence between his proposed project and the adjacent single family residence. He further opined that the rezone would add to. the traffic con- genstion in the area. Mr. Tom Keck stated that the requirements for R-3 zoning differed greatly from those for C-3 zoning. There were no further comments from the floor and ELLIOTT MOVED to close the hearing, Masters seconded, motion carried. Mr. Harris recommended R-3 zoning, stating that a �detailed plan for the traffic flow for the East Hill area will be presented to the Planning Commission next week. Ile further noted that the City does not have landscaping requirements for any zoning, and opined that it should be set forth in the zoning ordinance. Barnier concurred. LEE MOVED to approve the rezone from R-1 to !R-3 and for the City Attorney to prepare the ordinance, Masters seconded, motion carried. East Hill Investment Group. Mr. Harris pointed out the location of the proposed rezone from R-4 to C-3, noting that it is located north of Kent Kangley and west of the point where 108th Ave. inter- sects. Harris pointed out that this is almost 1 acre and was part of the 12 acres denied C-3 zoning a few months ago. It was pointed out that the Planning Commission recommends denial of this proposal also. The public hearing was opened. Mr. Ralph Horn, owner of two parcels in the area, noted that the Planning Commission 's main objection was based on the real estate office which was being conducted illegally. He stated that the business has since moved elsewhere. IIe noted that the proposed tavern, which is already posted is not part of this rezone. Mr. Kuvara, Attorney represent- ing 8 property owners living immediately adjacent to the property, spoke in opposition to the proposed rezone. He objected to the proposed tavern and further noted that there are 54 acres zoned commercial in that area, of which 18 acres are unused, and noted ZONING that the Comprehensive Plan showed commercial zonings in nodes to prevent spreading commercial activities along the highway. After all who wished to speak had done so, MARTELL MOVED to close the hearing, Clements seconded, motion carried. MARTELL MOVED to uphold the decision of the Planning Commission and to deny the rezone, as it does not conform to the Comprehensive . Plan, Elliott seconded, motion carried. Percy Abney. Mr. Harris pointed out the location of the 2 acre parcel proposed for rezone from C-3 to M-1, noting that it is located adjacent to the west side of the Valley Freeway and north of S. 222nd. The Planning Commission has recommended approval of the petition. Bob Walker, Attorney representing Mr. Abney noted that Mr. Abney proposes to use this property for light manufacturing of electronic components, which would produce no noise or smoke. Mr. Abney noted that access has been provided and that a satisfactory percolation test was made. Abney stated further that the drainage system will be changed at a later date according to County Flood Control, noting that allowing for the drainage ditch right of way he will have l or V2 acres remaining. There were no further comments from the floor and ELLIOTT MOVED to close the hearing, Clements seconded, motion carried. ELLIOTT MOVED to approve the rezone from C-3 to M-1 and for the City Attorney to prepare the proper ordinance, Masters seconded. Under discussion, Barnier asked Mr. Abney if he would consider some type of landscaping. Mr. Abney stated that the existing orchard will remain intact. Motion carried. American Mobile Home Corp. It was noted that the Planning Commission did not complete their hearing on the petition of American Mobile Home Corp. for a change of zoning from R-A to MHR and C-3 . BARNIER MOVED that the hearing scheduled for tonight be continued until March 16th, Martell seconded, motion carried. PARKS & Acquisition - Clifton Property. The Parks Department recommends that RECREATION the City take option on 11 acres of land in the proposed Mill Creek Park, bordering 20 acres presently oi+n ed by the City. BAFFARO MOVED that the Mayor be authorized to sign said option, Elliott seconded. Under discussion, Street noted that the option is for 18 months at a cost of- $2,500. The cost of the property is $60,000 + closing fees. Matching funds of 25% have already been assured from the Interagency Committee and an application has been made to HUD for 50%, which, if approved would leave the City's share at %15 ,000. Barney Wilson pointed out that this is one of the 7 remaining properties ,which the Parks Department seeks to acquire. Barnier noted that the selling price was much less than the city had paid previouly for property in this area. It was suggested that the zoning affected the price. Motion carried, with Barnier voting nay. PLANNING Zoning Ordinance. The City Administrator suggested that the Zoning Ordinance should contain a regulation under which applications for rezones will not be accepted for properties upon which exist a direct violation of the zoning ordinance . He pointed out that this did not include non-conforming uses. LEE SO MOVED, Clements seconded, motion carried. Mr. Street noted that in 1971, the state would consider having the tax base on use rather than on zoning and requested that the Planning Department look into this. CLAIM The City Attorney reported that the Northern Pacific Railroad filed a claim against the City in the matter of Susan D. Peterson. This claim was contingent upon a claim being filed by Susan Peterson against the City and no such claim was ever filed. MASTERS MOVED that the City Attorney be directed to prepare and give notice to the NP Railroad that their claim be denied, Barnier seconded, motion carried. SALES Mr. Street noted that the representatives of the Counties, Cities and TAX Seattle are working with the State Department of Revenue on the mechanics and a common ordinance concerning the 1/2(-, sales tax. PLANNING It was noted that the report containing the Technical Advisory Committee ': recommendations has been presented to the Council and that progress is being made towards developing a new zoning and sub-division ordinance. BEAUTIFICA- Mayor Hogan reported that on Friday, six students from Kentridge High TION School removed rubbish from the Reiten Road, Reith Road and Kent-Des Moines Road. MARTELL MOVED that a letter of commendation be sent to these students, Barnier seconded, motion carried. PROCLAMATION Mayor Hogan read a Proclamation declaring I4larch 8 through March 14 as "Girl Scout week" . VRPC It was noted that Mr. Gordon Hall has submitted his resigna- tion from the Valley Regional Planning Commission . BARNIER MOVED to accept the resignation and to send a letter of commendation to Mr. Hall , Masters seconded, motion carried. CONFERENCES It was noted that the Planning Director and Assistant Planning & Director will be attending the Planning Association of Washing- CONVENTIONS ton Conference in Spokance on March 13 and March 14th. It was poil out that Kent will be the host city for the Fall session of this conference on October 2nd and 3rd. FINANCE LEE MOVED to pay all bills received on or before March 5 , 1970 after approval of the Finance Committee, Masters seconded, motion carried. WORKSHOP A council workshop session is scheduled for March 9 at 7: 30 p.m. SESSION MASTERS MOVED to continue the meeting to 11 :00 a.m. , March 3rd, to consider the City Hall bids, Elliott seconded, motion carried. March 3 , 1970 At 11 :05 a.m. , Clements moved to reconvene the council meeting which was continued to this time from the regular meeting of March 2nd. Masters seconded, motion carried. Present: Mayor Hogan, Councilmen: Clements, Elliott, Lee and Masters . Mr. Bassetti rioted that the low bidder, Sellen and Associates had made an error of $100,000 .00 in their bid and had submitted their compilations to the architects verifying that an error had been made. A letter was read from Sellen and Associates to this effect. MASTERS MOVED to place the letter on file, Elliott seconded, motion carried. Some discussion ensued as to the legal aspects of holding Sellen and Associates to the bid, and as to forfeiting of the bid bond by the bidder. City Attorney Mirk advised against this procedure, stating that the process would be a lengthly one through the courts and noting that in other cases of this kind the records have shown that if the contractor bid in good faith, the mistake was deemed to be an "honest error" . CLEMENTS MOVED to release Sellen and Associates from their bid, upon the City Attorney' s recommendation, Masters seconded,. motion carried unanimously. Street pointed out that if the second low bid of Monroe Constructs Co. was accepted, the city would not have enough money for the prc ject. He suggested that the council could consider pledging the city' s portion of the 1/2G sales tax for this purpose . Ile esti- mated that the city' s share of this tax would be $150 ,000 in 1970, but noted that $40, 000 of this would be needed to replace monies formerly received from the "Governor ' s Fund" . LEE MOVED to accepi the bid of Monroe Construction and to exercise the right to take options 1B, 1C, 4, 7, 8 and 9 as reductions from the bid of $1, 289 ,480.00, leaving the final figure of $1, 214,980 .00. Master: seconded, Upon roll call vote , the motion carried unanimously. MEETING -ADJOURNED: 12:01 p.m. C Respectfully submitted, Marie Jensen, Cci*ryrLakdlrk