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