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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/07/1971 Kent, Washington June 7, 1971 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 Attorney Mirk, City Engineer Sherwood and Planning Director Harris Minutes of the last meeting were approved as printed and accepted by motion. STREETS Vacation - 2 Paper Streets Within KVIP. Mr. Street stated he had met with Sanwick Corporation representatives regarding the extension of 5th Avenue and of S . 234th in the Kent Valley Industrial Park for which vacation hearings are scheduled for this meeting. He noted that KVIP has agreed to give a deed to the City for 2nd Avenue and to sign a deed and send it to the Milwaukee Railroad for 6th Hvenue. He pointed out that under State Law, the owner would pay to the City one-half (1/2) of the appraised value of the streets to be vacated. He stated further that KVIP has fulfiled their obligations to the City and the City will meet with them regarding the City's obligations to them for easements. He recommended that vacations of the two streets be approved and for the vacation payments to be deducted from the amount the City owes KVIP. The public hearing was opened. There were no comments or objections from the floor and the hearing was closed by motion. MASTERS MOVED that the petition for the vacation of 5th Avenue and S. 234th be granted in accordance with our standard procedures, Lee seconded, motion carried. Traffic Control . Mary Dahlstrom asked if action had been taken on the petition for traffic control of S. 236th Pl . Mr. Street explained that a recommendation is forthcoming from the Traffic Engineer as to whether the City can get a secondary road. HEALTH & Cascade Sewer District. The City Attorney introduced SANITATION Resolution 696, accepting a bill of sale from Cascade Sewer District for 6, 602 lineal feet of sewer pipe. MASTERS MOVED for adoption of the resolution, Barnier seconded, motion carried . LID 259 , Horseshoe Acres Sewer. At present, temporary easements have been received for construction of Horse- shoe Acres Sewer LID as follows : Gildo and Alice Rey Zane B. and Jerrene A. Johnson $257.00 Chester A. and Rachel Geer Maurice C. and Mildred F. Lemley $120.00 John C. and Olga S . Taylor $113 .49 Robert L. Rowley $99.50 Liquid Coatings, Inc. $104.25 Complete Trailer Supply $104.25 B & B Corporation B.B. and Ida J. Beebe Bob D. and Glenda T. Beebe Charles F. and Kathleen J. Kenyon $249.00 Harold N. and Mavis I. Ritland James A. Ward Eugene A. and Shirley L. Wegner Forrest A. and Sherry Young BARNIER MOVED to accept the Horseshoe Acres temporary easements and for the Clerk to pay for these easements as listed, Martell seconded, motion carried. HEALTH & BARNIER MOVED for a call for bids to be issued for SANITATION construction of Horseshoe Acres Sewer upon receipt of approval of plans from HUD and FWQA, Martell seconded, motion carried. Des Moines Sewe^ District. Upon the City Engineer 's recommendation, MARTELL MOVED to approve Des Moines Sewer District Resolution #1971-10, relating to improvements in their sewer district west of the . 'freeway, Barnier seconded, motion carried. WATER 218th Reservoir. Change Order #5 in the amount of $6, 136.00, covering additional work necessary to control ground water, has been submitted by Atlas Construction Co. and approved by Hill, Ingman & Chase. ELLIOTT MOVED to approve the change order, Barnier seconded, mdion carried. Annexations. It was noted that a meeting will be held at 7: 30 p.m. , Wednesday, June 9th with representatives from Tukwila, Water District #75 and Councilmen Barnier, Lee and Masters to discuss policy concerning water ex- tensions and other items suggested by the Boundary Review Board . FINANCE Pacific Highway Improvements. Ordinance 1720, directing the issuance and sale of LID 265 bonds was introduced by the City Attorney. LEE MOVED for passage of the ordinance, Masters seconded, motion carried. ORDINANCE 1721, creating an Equipment Rental Fund, was introduced by the City Attorney. MARTELL MOVED for passage of the ordinance, Elliott seconded, motion carried. ORDINANCE 1722 was introduced by the City Attorney, creating an Equipment Rental Cumulative Reserve Fund. MASTERS MOVED for passage of the ordinance, Elliott seconded, motion carried. CITY HALL Change Order #13 in the amount of $402.00 from Monroe Construction was submitted, covering additions to electric wiring in the new City Hall . LEE MOVED to approve the change order, Masters seconded, motion carried. BIDS Tractor-Loader. The following bids were received to furnish a tractor loader for the equipment rental fund: Glenco, Inc. $8,476.93 , inc. tax & trade Smith Tractor 8,507 . 27, inc. tax & trade Tool Crib 10, 232 .66, inc. tax & trade Buck & Sons, Inc. 10, 236.58, inc. tax & trade Upon the Street Superintendent 's recommendation, LEE MOVED to accept the low bid of Glenco, Inc. in the amount of $8, 476.93, Martell seconded, motion carried. PARKS & Bike Route. The Parks Department has requested use of RECRATION right-of-way to extend the bike route on Frager Road across Meeker Street to the West Valley Highway and extending to the T. Bridge, for which plans will be submitted. MARTELL MOVED to approve the request, Elliott seconded, motion carried. LEE MOVED to grant the Parks Department permission to negotiate for purchase of the Methodist Fellowship Hall for recreational purposes and to report the figures to the Council, Masters seconded, motion carried. Lake Fenwick Park. The Parks Department has requested permission to purchase the 5 acre Vasilatos parcel on Lake Fenwick. The parcel is a portion of the property for which the City has applied for federal funds for park purposes. Street noted that this is one of the parcels for which the price had been settled, and pointed out that the Forward Thrust funds allocated for a park at Lake Fenwick must be utilized for this purpose, or be forfeited. MARTELL MOVED to approve the request, Barnier seconded. Under discussion, Barnier asked for a report on the status of the entire Lake Fenwick Park project. The City Attorney PARKS & reported that the City went to court on the condemna- RECREATION tion suit for the Pohl and Petty parcels. The final appraisal on the Petty property was $46,000 and the jury set the value of $58,000 plus attorney, appraiser and witness fees. The final appraisal on the Pohl property was $122,000 and the jury set the value at $250,000 . Attorney and appraiser and witness fees amount to $54,020.00 for this parcel. He noted that the jury set this value in accordance to what the property would be worth under apartment zoning, because such zoning had once been requssted before the Planning Commission. Mirk pointed out that if the jury sets the value at more than 10/ higher than the amount offered, the attorney, witness and appraiser fees must be paid whether the property is purchased or not. He stated that the Kemp and Vasilatos properties were settled out of court under the original appraisal figure of 2 years ago plus 20%. He noted that Interagency will contribute 10%, up to $50,000, but that they will not pay any portion of the witness, appraisal or attorney fees. The proposal for additional money will be presented to Interagency in August, and there is a probability that the City will get more money from HUD. Wilson stated that the Park Board has requested that the City ask IAC and HUD for more money for the entire project, or approve decreasing the scope of the project. The City Attorney noted that the City has received $121,000 from Forward Thrust to buy 20 acres on Lake Fenwick. He stated that if%. the City completed the Lake Fenwick Park (46 acres) the City's cost would now be $139,000. Barnier stated that the City would be criticized if this much money was paid for the property. Mirk opined that this should not happen because the amount was determined by the jury. Motion carried. BEAUTIFICA- It was noted that the Yorkshire Community has donated $35 .00 to- TION wards beautification of right-of-way adjacent to their area. MARTELL MOVED to accept the donation of $35 .00 and credit it to Account 105-538-300-632, Beautification, Parks Department Budget, Barnier seconded, motion carried. BUILDING Demolition. In accordance with the uniform building code, CODE a hearing must be held after completion of demolition of unsafe houses. Two houses have been so demolished, as follows: Bidders Time 415 Gowe 310 Kennebeck Total City Transfer Immediate $157.50 $630.00 $787.5( CORRECTED • REFER TO Kirshling 30 days 275 .00 580.00 855 .0( MINUT �F ES -Al-ZL F. Powers 30 days 220.00 575 .00 795.O1 It was noted that the property owners were notified prior to bid opening that a combined bid would be accepted and that time was a factor. Under these conditions, the best bid was that of City Transfer. LEEMOVED that the proper procedures were followed and the cost of demolition was reasonable, Clements seconded. Under discussion, Mr. Richards, owner of the property at 415 Gowe, stated that he had been told that the procedure was contrary to State Law and suggested billing be delayed until this matter was checked. The City Attorney explained that Richards had demolished the house, but the charges were for clearning up the area and that all proceed- ings were proper. Motion carried. Under the building code, the charges may either be a personal bill or an assessment against the property, If the amount is in excess of $500, the assessments may be in 5 equal install- ments. It is recommended that each of these charges be handled as an assessment. MARTELL MOVED that demolition charges against the property located at 415 Gowe be assessed against the prop- erty in the amount of $157.50, payable within 30 days. A charge of 1/ per month will be included if payment is not re- ceived in 30 days, Lee seconded, motion carried. ZONING Plemmons - M-A to M-1. The public hearing was opened on Plemmons application for arezone from M-A to M-1. Mr. Harris pointed out the area on the map, consisting of 36 acres, located on the northeast corner of the West Valley Highway and S. 212th. The Planning Commission recommends approval with certain stipulations. There were no comments from the floor and MARTELL MOVED to close the hearing, Barrier seconded, motion carried. The City Attorney noted that the ordinance was drafted prior to the public hearing, so it does not reflect the recommendation of the Planning Commission as to require- ments for access, ingress and egress, setbacks, landscaping and off street parking. The City Attorney suggested that a paragraph be added to the ordinance to include the above recommendation of the Planning Commission, and to hold publication of the ordinance until such time as a written agreement is received from Mr. Plemmons covering the Planning Commission 's recommendations. Ordinance 1719 was introduced by the City Attorney, approving the rezone from M-A to M-1 including the paragraph as outlined above by the City Attorney. ELLIOTT MOVED for passage of the ordinance, including the additional paragraph, Clements seconded. Upon Master 's question, the City Attorney stated that this would include the setbacks for future extensions of 208th and for 72nd Ave. as recommended by the Engineer. Motion carried. Mr. Plemmons stated that this is an unfair situation, noting that he has a 4001X 600 , area only and could not speak for the other proper ty owners regarding the dedication of setbacks, access, etc. The City Attorney stated that the rezone request was for the full 36 ace, and has to be treated as such. Harris noted the importance of circulation for the area. Mr. Plemmons suggested that the M-1 zoning be granted, and, when the developer begins work, the building department could tell them what is necessary to resolve circulation and parking pro- blems. Lee opined that the City could work this problem out with Plemmons. The City Attorney stated that the City does not have the necessary assurance without this stipulation, until after the new zoning ordinance is passed. PROCLAMATION Mayor Hogan proclaimed the week of June 7th through June 12th as "Vietnam Veteran Week" . COMPREHENSIVE East Hill Plan. The public hearing was opened to consider an PLAN amendment to the Comprehensive Plan for the East Hill area. James Gooding, Attorney representing Milan Moss and Robert Osborne, protested the Professional, Office and Institutional (POI) proposed zoning for his clients ' property. and requested commercial zoning. He pointed out that Mr. Osborne owns 9 acres on the east side of 104th immediately adjoining the pro- proposed 260th, and would be willing to deed property along the north strip. Gooding stated that Mr. Moss owns 7 acres near the Crow Road and that both properties are presently zoned RM 1800, under county zoning. A letter was read from Milan and Mary Moss stating that the addition of some 45 acres of POI zoning, without any addition of C-3 was an injustice to the work of the East Hill Planning Committee and to the needs of the East Hill shoppers . ELLIOTT MOVED to accept the letter and place it on file, Masters seconded, motion carried. Mr. Kleweno, Attorney representing Mr. Clements and Mr. Mooreman, owners of more than 17 acres, urged that the Council consider running the commercial zoning into the area south of 260th and to 264th on the west side of 104th. He noted that these properties have characteristics that are unique for C-3 zoning, such as sewers, city water, proposed four laning of the Benson and the proposed corridor for the E-W freeway. He pointed out that this is a plan for the future and should include commercial zoning, even if it is not used now. The property was purchased in 1965, to be developed, but the owners do not as yet have firm plans. Jim Harris, Planning Director pointed out that 60 . 25 acres is presently zoned C-3, of which about 30% is not being used as such, andthat this plan adds 25 acres of commercial zoning. He noted that this plan will be reviewed by the Planning Commission each year and if there is a need to expand commercial zoning, they would make that recommendation, however at this time, they do not feel that it is proper. The proposed circula- tion plan was pointed out by Harris, proposing approximately 172 acres of POI zoning, which includes the Village Green and COMPREHENSIVE the East Hill Trace apartment complexes . Elliott opened PLAN that too much land was proposed as POI, noting that growth of this type would not blossom as commercial zoning would . Mr. Harris stated that larger POI zoning would hold the line on commercial zoning and would act as a buffer next to commercial areas. He stated that there is no question but that the city is overzoned commercial . He pointed out that this proposal was best described as the "Community Commercial" concept. Mr. Street noted that the Planning Commission did enlarge the POI, as they considered 85 acres of commercial zoning sufficient. Elliott pointed out that perhaps the term "Transitional Commercial" would be better than POI. Mr. Harris noted that it would probably be termed "Professional Offices" in the future. After all who wished to speak had done so, LEE MOVED to close the hearing, Masters seconded, motion carried. MASTERS MOVED to direct the City Attorney to prepare the necessary ordinance to amend the Kent Comprehensive Plan as recommended by the Planning Director, Lee seconded. The intent of the motion was clarified as following the recommendation of the Planning Director for the 300 ' south of S. 260th to be POI and the rest multi-family to S. 264th. Lee then withdrew his second and Masters ' motion failed for lack of a second. LEE MOVED to direct the City Attorney to prepare the necessary ordinance to amend the Kent Comprehensive Plan as recommended by the Planning Commission, Masters seconded. Under discussion, Mr. Street explained that no existing zoning would be changed, that this simply gives guidance for consideration of future zonings. He noted that future zoning would be done by amend- ment to the actual zoning ordinance, and that those properties which are outside of the city limits would seek zoning changes from the county. The county asks for a recommendation from the city for property which adjoins any city. Upon roll call vote, Baff aro, Lee and Martell voted aye. Barnier, Clements , Elliott and Masters voted nay. Motion failed. MASTERS MOVED for the Planning Commission to review the proposed East Hill Plan with the Council at the June 14th workshop, Barnier seconded, motion carried, with Baff aro and Lee voting nay. CONFERENCES & It was noted that Kent is allocated 3 voting delegates at CONVENTIONS the Association of Washington Cities Convention to be held in Spokane, June 23, 24 and 25 . ELLIOTT MOVED that Kent ' s voting delegates be Councilmen Baffaro, Masters and Martell , with rotz, Jensen and Street to be alternates, Clements seconded, motion carried. FINANCE LEE MOVED that the bills received on or before June 8th and approved by the Finance Committee, be paid, Martell seconded, motion carried. MEETING ADJOURNED: 9 :05 p.m. Respectfully submitted, Marie "Jens Isabel Hogan ` Mayor City Clerk CITYCLERIC