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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/03/1970 Kent, Washington August 3 , 1970 Regular meeting of the Kent City Council was called to order at 7:00 p.m. Present: Mayor Hogan, Councilmen: Barnier, Elliott, Lee , Martell and Masters, City Administrator Street, City Attorney Mirk , City Engineer Sherwood and Planning Director Harris Minutes of the last meeting were approved with the following correction: the date of the meeting on page 1 should be July 20 rather than July 21 . HEALTH & Horseshoe Acres Sewer - LID 259 . The City Attorney SANITATION introduced Resolution 677, designating the Mayor as administrator with authority to sign necessary documents to the Pollution Control Commission during the con- struction of Horseshoe Acres Sanitary Sewer. ELLIOTT MOVED for adoption of the resolution, Barnier seconded , motion carried . Proposed LID 264. It was noted that a petition has been received requesting sanitary sewers in the east side of the East Valley Highway in the vicinity of 208th. Resolution 678 was read by the City Attorney declaring the city' s intention to form the LID and setting the public hearing for same for September 8, 1970 . BARNIER MOVED for adoption of the resolution, Martell seconded, motion carried. Health Services . A letter from the Department of Health was read , requesting a meeting with representatives of the community to determine some of the important health needs 'which may warrant attention by the Department and by the local government. Mayor Hogan suggested that the council submit their opinions on this matter. Sewer Extension. Upon the City Engineer' s recommendation, MARTELL MOVED for the City Treasurer to be authorized to release the $500 cash bond posted by Chet Wheeler in connection with a recent sanitary sewer extension along the Kent Kangley Road in the vicinity of 108th Ave . S.E . Barnier seconded, motion carried . POLICE '& A letter from the Fire Chief was read noting that the FIRE Washington Surveying and Rating Bureau has recommended that three fire stations be closed. Chief Foster requests that the following property be declared surplus: (1 ) station at 520 Guiberson St. , ( 2 ) station at 23807 98th Ave. S. , ( 3 ) station and 50 ' X 100 ' lot at 20646 84th Ave . S. , (4) one 1940 , 600 G.P.M. Seagrave Pumper and miscellaneous equip- ment and (5 ) one 1949 , 750 G.P.M. Seagrave Pumper and mis- cellaneous equipment. He recommended that this surplus property be sold and the proceeds be used by the Fire De- -partment for additions to Stations #1 and 46 . MASTERS MOVED to refer the matter to the Police & Fire Committee, Elliott seconded, motion carried. ,A LETTER was read from Mr. G. Gwin of 816 Chicago Street, commending the Fire Department for their prompt action in putting out the fire at their residence. MARTELL MOVED to place the letter on file, Masters seconded, motion carried. FINANCE LID Segregations. The-- Kent Schocl District has requested a segregation of LID assessments for property given to them by Mrs. Reeploeg. MARTELL MOVED for the City Treasurer to be directed to make the requested segregation after receipt of the necessary fee as determined by law, together with a signed agreement to pay for the engineering time involved in making said segregation, Barnier seconded, motion carried WATER S. 218th Reservoir. MASTERS MOVED to approve Change Order #3 in the amount of $192 .51 for Atlas Construction for the S . 218th reservoir project, Barnier seconded, motion carried. WATER & Proposed LID 263 . It was noted that only three SEWER IM- property owners were in attendance at a meeting to PROVEMENTS discuss the proposed water 'and sewer improvements on S. 228th, east of the East Valley Highway. The Assistant Engineer has been directed to send a letter of explana- tion to the property owners involved. ANNEXATIONS The Boundary Review Board has set a date of public hear- ing on a proposed annexation to Auburn. This area is the one reviewed by the Council and the Administrator was dir- ected to write the review board that Kent concurred with this annexation providing that 277th be the northern boundary of Auburn across the valley floor and that the planning departments of Kent and Auburn recommended the extensions on both east and west hillsides. PARKS & Lake Fenwick Park. It was noted that the Parks Department RECREATION has been unable to purchase the necessary land for Lake Fenwick Park. MARTELL MOVED for the City Attorney to be directed to prepare an ordinance to begin condemnation to acquire the Lake Fenwick park site, Barnier seconded , motion carried. ZONING A letter was received from National Construction regard- ing the property known as the Miller rezone for which a request for change of zone was heard and denied on February 2 , 1970. Following this denial, a letter was received from their attorney, Mr. Bastain, dated April 8 , 1970. The following is the final paragraph of this letter: In response to this, they did move some equipment on the property. It will now be necessary for them to locate a new piece of prop- erty and move the equipment to that property. It will take sometime to do that, and we request your understanding and indulgence in this endeavor. We will do it as rapidly as possible, but it does necessitate a location of a new piece of property suitable for their operation. I think realisti- cally .that this would require a period of approximately sixty (60 ) days to accompliah" . With this assurance, the City did not press for immediate abatement. Almost 115 days have elapsed. In the letter received from. National Constru- tion dated July 22, the company has asked permission to re- main on the site until they can sell it and purchase a site which is properly zoned. Mr. Street recommended that this request be denied and for the City Attorney to be directed to proceed to abate this violation. MASTERS MOVED to ac- knowledge the letter from National Construction and for the City Attorney to be directed to inform National Construction that abatement proceedings will be instituted. Elliott seconded, motion carried . CLAIM It was noted that on May 18, 1970, a claim was received from Leona Lesser, regarding a fatal accident on the Milwaukee tracks on Meeker Street on January 24, 1970 . Upon the recom- mendation of the City Attorney, LEE MOVED to deny the claim, Masters seconded , motion carried. SANWICK The Council and City Attorney have reviewed the letter of CORPORATION (July 20th from the Sanwick Corporation. The City Attorney has considered the letter and the conditional use permit granted by the Board of Adjustment and has drafted a contract, which, if complied with, would effect the release of the Sanwick bond. The proposed letter to the Sanwick Corporation from the City Attorney was read regarding plans for grading and restoration of the Sanwick property, stating that the City is agreeable to their proposal with respect to grading and surfacing. The City further agrees that the planting of grass be deferred until the fall , but insists that the seed- ing and planting of the slopes be in absolute compliance with Kent Board of Adjustment Resolution #61, and that the land- scape architect chosen to supervise this work must consult the city. The letter further stated that the city has no int- erest in furthering plans for the hillside trail, and that the city will provide the geometry so that extension of Hilltop Avenue can be dedicated , and will also provide the location for the centerline of Jason Street so that necessary papers may be prepared to allow the dedication of this right-of-way to the city. The project completion date of January 1 , 1971 is agreeable to the city, however, in the event that the project has not been completed by that date, the City will consider this a direct violation of the agreement contained in the San- wick letter of July 20th and also as failure to comply with SANWICK the conditions previously set by the Board of Adjustment CORPORATION at the time it granted a conditional exception to the Sanwick Corporation for excavation in the area, and the City will then proceed against the bond to whatever extent necessary to assure the restoration of this area. MASTERS MOVED for the City Council to go on record tha t this is the position of the City and to authorize the City Attorney to send the letter to the Sanwick Corporation as outlined above. Barnier seconded. Upon Councilman ' Lee ' s inquiry, the City Engineer stated, that sanitary sewer and water easements had been agreed to verbally. The City Attorney pointed out that their bond does not cover such easements. Councilman Lee suggested that this matter be pursued so the City would have a written agreement for these easements . Motion carried . STREETS Pacific Highway Proposed LID . Upon an inquiry from the audience, Assistant Engineer Engeln explained that the firm of Ruskin Fisher has been hired as consulting engineers for the proposed Pacific Highway LID. The State Highway Depart- ment has raised a question as to the scope of the project and since this road is on the state highway system, this project must be approved by them. A meeting has been held with the Highway Department representatives and a communication is ex- pected from them in the near future. LID 258 - 4th Ave. Improvement. In placing a storm drain in 4th Avenue, the existing sanitary sewer was uncovered and found to be in such a deteriorated condition that collapse was probable when the sub-grade of the street was compacted. On the recommendation of the Engineers and Sewer Department, re- placement of this sewer was authorized. ELLIOTT MOVED to approve Change Order #2 for LDL Land Development Co. in the amount..of $3 , 234.00 to replace 330 , of 12" pipe, Martell seconded, motion carried. LID 260 - Off Street Parking. MARTELL MOVED to approve Change Order #1 for LDL Land Development Co. in the amount of $700 to cover the addition of two parcels, Barnier seconded, motion carried. LID 257 - James Street Contract A. MARTELL MOVED to approve Change Order 42 for Red Samm Mining Co. in the amount of $3500 for the installation of 14 loop detectors, to be used to actuate traffic signals, Masters seconded, motion carried. Traffic Control - East Valley Highway. Mr. Street reported that at the last council work session, the on-grade crossings at 208th and 222nd were discussed and it was determined that the 222nd crossing cannot be closed until 4th Avenue is extended north of 228th. 208th was never extended east, because the developer claimed he could not develop properly and open that street. The City was not in a position to purchase at that time. 206th was blocked because of the required security around buildings being constructed for Boeing. Present plans are to extend 200th west to intersect with 80th, but Paul Weiser, the owner, has not shown interest in dedicating this right-of-way. Toteliminate this crossing, the City will have to buy the right- of-way. Barnier stated that he wanted to know why the inter- section at 208th and the East Valley Highway and the area immediately west! was allowed to be developed as it is. Mr. Street stated he would research the matter. Reith Road Improvement. It was pointed out that Hill , Ingman & Chase have developed a possible location for the Reith Road project through the Bay Construction and Green Valley Heights properties. Mr. Street reviewed the plan for property owners in attendance, stating that the City had met with Mr. Wasson of Bay .Construction and Mr. Cole of Green Valley Heights. He noted that Bay Construction insists that a high density zone change for the property remaining be a part of the consideration, which cannot be promised by the City, since it would require a public hearing. Mr. Street estimated that this plan would cost $50 ,000 more than the present anticipated cost and that in order to have additional state participation, it would be necessary to abandon the present project and reapply next year for a new project . Various questions were posed to Mr. Street from the property owners . Mr. Street noted that a copy of the plan may be reviewed in the engineer ' s office. Mayor Hogan asked that a letter explaining the project be sent to property owners by August 5th, requesting responses by August 17th. RAILROAD Mr. Block of the Overmyer Corporation had requested CROSSINGS that he be heard at this meeting concerning rail trans- portation to their warehouse in the Kent Valley Industrial Park, however, he was not in attendance. Mayor Hogan reported that after Mr. Block asked to speak, he received further communication from Burlington Northern. Mr. Lee, Attorney for the Sanwick Corporation stated that the Over- myer Corporation had received a letter from Burlington Northern stating that the cost of installing track to serve Overmyer would be over $50 , 000 , which cost the Sanwick Corporation will not accept. Mr. Lee had a copy of this letter. Masters opined that the Council is not involved in this, since the Overmyer Corporation is negotiating with Burlington Northern directly. Attorney Lee stated that this could greatly affect the Council since the letter from the Milwaukee suggests most strongly that the City might well be asked to pay these costs. Mayor Hogan noted that each Councilman had received a copy of the letter from the Mil- waukee Railroad. The Council declined to have either letter read aloud. MASTERS MOVED for the next order of business, Barnier seconded , motion carried, with Councilman Lee voting nay. MASTERS MOVED to place the letter from the Milwaukee Railroad on file for future study, Elliott seconded. Under discussion, Councilman Lee stated that some action must be taken on this matter. Masters asked that the City Attorney comment. He suggested that it be discussed at a workshop session, which would allow him time to study the matter. Masters withdrew her motion, Elliott withdrew his second. MARTELL MOVED to consider the Milwaukee letter at a workshop session and for the City Attorney to have an opinion prepared at that time as to the various ramifications of the letter, Lee seconded, motion carried . The workshop session is scheduled for August loth. PLAT Kentridge Estates. It was pointed out that a representative of Three Way Construction Company had asked to be heard at this meeting concerning a dispute between his firm and Ralph Gutherie,- developer of the Kentridge Estates plat. The repre- sentative was not present however, and the City Attorney advised that the City is no way involved in this matter. INVITATION A letter was read from the White River Buddhist Church in- viting the Mayor and Council to attend the annual Bon Festival at the church on Saturday, August 8 from 6 : 30 p.m. to 9: 30 p.m. , MASTERS MOVED to place the letter on file, Barnier seconded, motion carried. WORKSHOP It was noted that a workshop session will be held on August loth at which McLean and Co. will review the proposed bond issues. A meeting with the P anning Commission is also scheduled to discuss the ordinance creating the Planning Department and Commission. FINANCE MARTELL MOVED that the bills received by August 5 , 1970 and approved by the auditing committee, be paid, Lee seconded, motion carried. MEETING ADJOURNED: 8: 25 p.m. Respectfully submitted, Marie Jensen �Z�`�j City Clerk CITY r1_FR)4