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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/07/1972 Kent Washington August 7 , 1972 Regular meeting of the Kent City Council was called to order at 8 :00 p.m. Present: Mayor Hogan , Councilmen: Baff aro, Elliott, Just, Kitto, Martell and Masters, City Administrator Street, City Attorney Mirk , Finance Director Winkle, City Engineer Sherwood and Planning Director Harris. Councilman Jackson- was absent. Elliott moved that the minutes of the meeting of July 17th be approved as printed, Masters seconded, motion carried. HEALTH & East Hill Drainage. It was noted that Councilmen SANITATION Kitto, Just, Martell , Elliott and Jackson had met with City Attorney Mirk, City Engineer Sherwood and Fire Marshall Bryant on July 21st to discuss resolving the drainage problem in the proposed new development at the East Hill shopping complex. Minutes of the meet- ing and the settlement agreee upon were taken by Lieutenant Bryant. It was pointed out that the Kent News Journal was notified of the meeting on July 19th, and that Mr. Plemmons did not attend the meeting, although he signed the proposed settlement on July 24th. Street read the settlement as follows: CORRECTED • REFER TO 1 ' No lateral charge shall be assessed against Mr. Plemmons, Highline Savings and Loan, or MINUTES OF ,�1:.7�►�-- Mr• Dew on future LIDS for 36" north-south line from Kent-K angley to S.E. 260th. 2. The above parties do agree to pay normal frontage and area charge. 3 . Jim Plemmons & Hignline Savings & Loan negotiated with Mr. Dew to secure 30 ' deeded street rightof-way along Mr. Dew' s south property line to the City for the development of S.E. 260tn. 4. Jim Plemmons deed 30 ' street right-of-way along south property line of his property to the City for development of S.E. 260th. 5 . Jim Plemmons and/or Highline Savings & Loan will provide drainage ditch from existing pipe south to S .E. 260th, then east to 104th S.E. at no cost to the City. City will maintain same. 6. All work shall comply and be approved by the City of Kent as meeting Construction and Engineering standards . 7. Reimbursement to Plemmons, Highline Savings & Loan and tiie City of Kent for cost of installing 36" lateral at the time future LID is approved, over 12" . 8. Highline Savings & Loan will not be prevented from using existing storm drainage for develop- ment of their new property. 9 . Plemmons willrot be prevented from using exist- ing storm drainage for development of their new property. MARTELL MOVED that these minutes be made a part of the minutes of this Council meeting, Just seconded , motion carried. MARTELL MOVED that upon receipt of the improvements deeds or easements as called for in Items 3 , 4, 5 , that this Council will agree to Items 1 , 2, 6 , 7 , 8 and 9 , Masters seconded , motion carried. HEALTH & LID 259 , Horseshoe Acres Sewer, Contract 1 . MASTERS SANITATION MOVED to approve Change Order #2 submitted by George Slater Co. , deducting $1 , 233 .55 from the total contract price, and adjusting the contract price to date to $90 , 267. 47 , Martell seconded , motion carried. LID 259 Contract 1 . MARTELL MOVED that Contract 1 witn George Slater Co. be accepted as complete, Masters seconded , motion carried . ULID #1 . A letter was read from Steven Sandtner pro- testing the ULID #1 sewer assessment against his property at 7323 S . 182nd, noting that the sewer access does not improve his property and requesting an appointment for a hearing before the City Council to present his objections. It was pointed out that the assessment had been in exist- ance before Mr: Sandtner bought the property and was for an area charge only. The hearing was held for this ULID several years ago, and the Council no longer has a legal right to change the assessment. MASTERS MOVED that receipt of the letter be recorded and to direct the City Attorney to notify Mr. Sandtner of the appropriate state law cover- ing this sitution, Kitto seconded. The City Attorney pointed out that when Mr. Sandtner purchased this property, it was subject to the assessment. Motion carried. Side Sewer Regulations. The City Attorney and Sewer Superintendent have submitted proposed side sewer regula- tions to the Council Committee. The City Attorney noted that the ordinance would not be ready until the next meet- ing. Martell stated he had suggested some changes and wanted to peruse the proposed ordinance, again before it was brought to Council . Sewer Service. It was noted that both the Horseshoe Acres and the Benaroya sewer are available for service. It has been recommended that owners of properties which could be served by these lines be notified by the Utilities Depart- ment to connect to the sewers in accordance with city regulations. MARTELL SO MOVED, Kitto seconded , motion carried. Holding Tank. A letter was read from Aquazyme West Inc. , a portable chemical toilet business, proposing to install a metal holding tank of approximately 2000 gallons at 301 N. lst. ELLIOTT MOVED that receipt of the letter be re- corded and referred to the Administrator for answer, Masters seconded, motion carried. LID 267 Sewers .- EVH From S. 212th to S . 218th. It was noted that bids for LID 267 were opened on July 26th. The Engineer presented a chronological report onthe status of this project since the original bid opening on March 3rd . J. E. Work, who was awarded the bid at the March 6th Council meet- ing, did not enter into the .contract because the City had not completed acquisition of rights-of-way. Street noted that the City could seek financial assistance from EAA, or the LID 'could be opened again and assessments increased, or 'the City could attempt to make up the difference with City funds. ELLIOTT MOVED to adopt Resolution 730 , authorizing the Mayor to sign an application for a grant and/or loan to aid in financing the construction for LID 267, Just seconded. Street noted that this project is tied in with UAB and a two weeks extension from the August 7th deadline for bid awards has been granted. The City Engineer noted that if approved, the EAA grant would cover the difference between the amount assessed and the amount of the new bids. Motion carried. ELLIOTT MOVED to withhold action on awarding the bid until the next meeting, to allow time for discussion on the method of financing the project at the August 14th workshop, Just seconded, motion carried STREETS LID 272 EVH Improvement from S. 212th to S. 228th. Bids were opened for LID 272 , street improvement on East Valley Highway from S. 212th to S. 228th, on July 26th. ELLIOTT MOVED to withhold action on awarding the bid until the next meeting, to allow time for discussion on the method of financing the project at the August 14th workshop, Just seconded , motion carried . STREETS LID 274 S. Central from Willis to Green River. It was noted that a meeting with the appraiser and consulting engineer was held August 2nd. In the original proposal , it was anticipated that the right- of-way needed would be 75 feet, with a 6 foot constru- ction easement. Further refinement of the plans revealed that the construction easement will have to have a slope easement or acquisition of 5 feet of additional right-of- way. It is recommended that the acquisition will be the most satisfactory solution. At either end of the project, there may have to be additional right-of-way slope ease- ments. Scott noted that consideration of cost of temporary construction easements, it would be more advantageous to purchase the additional 5 feet needed MARTELL MOVED that the acquisition of right-of-way be on the basis of 80 feet, Masters seconded, motion . carried. Railroad Crossing Closure. A letter was read from Della V. Zittel , protesting the proposed closing of the Burling- ton Norther n crossing on S. 208th Street. The City Clerk noted receipt of a petition containing 70 signatures also protesting the proposed closing. MASTERS MOVED that receipt of the letter and petition be recorded and for the signators to be invited to a work session to review the problem, Elliott seconded, motion carried. Pedestrian Crossing. A letter was read from the Highway Commission relative to a school crossing signal at the inter- section of 3rd and Willis, and recommending that a thorough joint study of the intersection be made after school starts to ascertain if the signal is justified. MASTERS MOVED to accept the letter and for the Administrator to respond, Elliott seconded, motion carried. Street noted that the signal was promised and that the City is prepared to install it by the time school starts. Final Hearing - LID 261 , S. 212th, Phase III. Dennis Scott described Phase III of the joint project with King County, consisting of the improvement of S. 212th from the East Valley Highway east to the Benson Highway. He noted that the total cost of the project is $1 ,079 ,000 , of which $53 , 700 will be assessed against the property. Street explained that the financing would be through LID bonds . The Mayor opened the public hearing on the final assessment roll . A letter of protest was read from William Lind of Seattle First National Bank in connection with the Burkland property. Mr. Robert Sandwick, Attorney for the Benaroya Co. expressed their objections to the project and submitted a letter of protest: Sandwick opined that the method used for assessing was inequitable and stated that the Benaroya Co. had only limited and unuseable access on S. 212th. Street determined that at the time this LID was initiated in 1968 , the Benaroya Co. did own all of the property on S. 212th. MASTERS MOVED to accept the letters and for them to be made a matter of record , Kitto seconded, motion carried. There were no further comments from the audience and ELLIOTT MOVED to close the hearing, Kitto seconded, motion carried. ELLIOTT MOVED for the Council , as a committee-of-the-whole to review each protest at 7:00 p.m. , Monday, August 14th, Kitto seconded, motion carried . Reith Road . ' It 'was pointed out that the City purchased right- of-way from Bay Construction for the Reith Road improvement and at that time, they agreed to remove the gravel from the right-of-way. They have stock piled material on their prop- erty, as well as on City Transfer 's property. It is recommender that the Mayor be authorized to sign Bay Construction ' s applica- tion to the State Board of Natural Resources recommending that the application be approved to allow them to remove the material JUST SO MOVED, Masters seconded , motion carried. A LETTER was read from Louis Smith, suggesting that con- sideration be given to renaming the Lake Fenwick Road to Lake Fenwick Drive. MASTERS MOVED to accept the letter and to make it a part of the record, Elliott seconded, motion carried . WATER & SEWER Rates. A letter was read from Frank Dean, protesting the waterand sewer rate increase fur those outside the city limits. MASTERS MOVED fir the letter to be made a matter of record and for a proper response to be made, Martell seconded , motion carried. Street pointed out that the rate affected those inside the City also and that City residents were also bearing the cost of GO bond issues. WATER Rates . A letter was read from Maynard Ackerson, protesting the increase in the water rates and noting that the pressure is low and tree water rusty at 11624 Kent Kangley. MASTERS MOVED to accept the letter and for a response to be made , Just seconded, motion carried . Street stated he would advise the Water Superintendent of the problem. Gowe Street Water Main. MARTELL MOVED to accept as complete the contract for installation of the water main in Gowe Street by Charles Fournier, for the final payment of $92.41 to be approved, and for the retainage in the amount of $204.01 to be held for 30 days, Masters seconded, motion carried. Rates. Finance Director Winkle noted that the proposed water rate ordinance amendments would be distributed to the Council after the meeting for their perusal . FINANCE LID Segregations. It was noted that Harold Heath has requested a segregation for a parcel in LID 260 . MARTELL MOVED to direct the City Engineer and City Treasurer to make the requested segregation in accordance with standard practice, Kitto seconded, motion carried. Segregation. MARTELL MOVED that upon proper application and payment of necessary fees, segregation be made in accordance with standard practice for property owned by Central Pre-Mix in ULID #l , Just seconded , motion carried . Street noted that the City is required to make segregations, and opined that a motion for each request should be unnecessary. POLICE & FIRE BAFFARO MOVEDto accept the proposal of Homer 's Kent Towing for a one ( 1 ) year period as follows: Vehicles 3/4 ton and smaller $14.50 first hour 12.50 addt 'l hour Vehicles 1 ton and larger $24.50 first hour 20 .00 addt 'l hour Masters seconded, motion carried. A letter from Byron Haines was read, expressing appreciation to the Fire Department for their part in control of a recent fir at Timberline Lumber Products Inc. MASTERS MOVED to accept the letter and for it to be made a matter of record, Elliott seconded, motion carried . PARKS & Kent Memorial Park. A letter from Howard Tank was read , RECREATION suggesting that the American flag be flown at the Kent Memorial Park every day of the year. Mayor Hogan noted that the Parks Department has been instructed to have the flag flown five days a week at the park. MASTERS MOVED to acknow- ledge receipt of the letter and to place it on file, Kitto seconded, motion carried. Russell Road Park. A letter from Bordner Construction was read , noting that the street repair has been made for the electrical service to Russell Road Park and requesting release of the $500 cash bond. Street recommended that the bond be released after the City Engineer approves the street repair as complete. MASTERS SO MOVED, Kitto seconded , motion carried . STORM DRAINAGE A meeting was held with property owners of the North NORTH PARK Park area concerning the proposed storm drainage, and it was determined tnat the project should be dropped for the present because of an anticipated cost above an amount acceptable to the property owners. DRAINAGE Mill Creek. Baffaro noted that the Engineers, Planners and Sewer Department personnel will meet with Wilsey and Ham on Thursday, August loth at 9 :00 a.m. to discuss proposals for solving the Mill Creek drainage problem. FLOOD CONTROL A copy of a letter to Colonel Walter Bachus from John Spellman was read , regarding the Green-Duwamish Flood Control Study, concurring with the Environmental Develop- ment Commission ' s recommendation that the County ask the Corps of Engineers to include in their fiscal year 1974 budget, funds to continue Green River Valley planning with the County. MASTERS MOVED to accept the letter, Martell seconded , motion carried . CITY HALL ELLIOTT MOVED to authorize the Mayor to sign a contract with Honeywell Inc. , for maintenance of the mechanical equipment in City Hall in the amount of $5 ,031 per year, Masters seconded, motion carried. LIBRARY Street reported that bids on the addition to the Library will be opened on August 30th and it is expected to award the bid by mid-September so construction .can start by October 1 . He stated that negotiations have been made for use of an area in the Kent West Mall for one year while construction of the library addition takes place. TRANSIT A letter was read from Nick Maffeo, President of the Metro- SERVICE politan League of Voters, urging the City not to vote to place upon the ballot, the proposal for Metro to be vested with the function of metropolitan transportation. MASTERS MOVED to accept the letter and for it to be made a matter of record, Kitto seconded, motion carried. MARTELL MOVED that the City Council suggest the experimental Park and . Ride project be continued through September, Masters seconded, motion carried. ZONING Bell-Anderson Rezone - M-1 to C-2 . Mr. Harris noted that the subject property is located at the northeast corner of the intersection of 4th and Smith, consisting of approximately 2 acres. He stated that the Planning Commission recommends approval of the rezone. The public hearing was opened. There were no comments or objections from the floor and ELLIOTT MOVED to close the hearing, Masters seconded, motion carried. MASTERS MOVED to approve the rezone and to direct the City Attorney to prepare an ordinance amending the zoning ordinance approving this rezone, Kitto seconded, motion carried. PLAT Kentwood Glen #3. Harris stated that the Planning Commission had reviewed the preliminary plat of Kentwood Glen #3 on May 16th: He pointed out the proposed plat on the map, located on the west side of the Lake Fenwick Road, 1300 feet south of the Reith Road intersection. He stated that the Planning Commission has recommended approval of the plat and noted tnat the approval should include provision for storm drainage. The City Engineer pointed out that this problem snould be coordi- nated with the Parks Department, since the plat would drain onto City property. MARTELL MOVEDto approve the plat as presented , with the provision that storm drains be included, Kitto seconded, motion carried. CATV It was noted that some weeks ago, the City received a letter from Future Cable Communications suggesting that the City get into the CATV business. It was determined that this is a new company and as yet not properly financed. COUNCIL Work Session. A work session will be held on August 14th at 7: 30 p.m. to discuss the following items: annexation, a review of Kent ' s zoning as it differs from that suggested by Puget Sound Governmental Conference and a suggested litter control ordinance. COUNCIL Holiday. Elliott noted that the first Monday in September is Labor Day and MOVED that the first Council meeting in September be held at 8:00 p.m. , Tuesday, September 5 , 1972, Kitto seconded , motion carried . POLICY It was noted that the Finance Committee will review the MANUAL ordinance for adoption of the Policy Manual at their meeting on August 16th at 8 :00 a.m. REPORTS MARTELL MOVED to direct the Engineering Department to sub- mit to each Councilman, a progress report similar to Hill , Ingman & Chases for each LID or project. The Finance Director noted that such reports will be posted in a Manage- ment Information Center, in the City Hall . Martell withdrew his motion. CLAIM LID 259. The City Attorney noted receipt of a Claim for Damages in the amount of $30 .00 from Jeanne R. Morford on June 2nd, relative to oil spray damage to her car in connection with the Horseshoe Acres Sewer proj? ct. He recommended that the City pay the $30 .00 claim and withhold the money from Tri State 's retainage. ELLIOTT SO MOVED, Masters seconded, motion carried. KAYO The City Attorney noted that Country KAYO will be broad- casting from -the Smith Street Shopping Center parking lot on August 12th and 13th between noon and 4:00 p.m. and that the project was not in conflict with City ordinances. ANNEXATION Seafirst National Bank, East Hill Branch. It was noted that on July 27th, Seafirst National Bank wrote a letter to the City to commence annexation proceedings for their property on 104th Ave. S.E. The letter was written to the Mayor and City Council , but the envelope was addressed to Councilman Martell as Chairman of the Annexation Committee, and was , therefore, delivered to him, unopened. Martell answered the letter on August 1 , and sent the proper forms to the bank. In the agenda, the Administrator has questioned the change in procedure inasmuch as he had not been notified of receipt of the letter. Martell stated he had polled Jackson and Elliott and Council President Masters before answering the letter, and they agreed to use the same guidelines as were established a year ago for this same request. Martell opined that Street should have contacted him instead of using the agenda to question the procedure. Street stated that since the letter was sent to the Mayor and City Council, any action should have come from the Council as a whole. Elliott noted that mail should be referred to a committee chairmari, and if action is required the chairman should bring the matter before the Council . Jim Harris suggested that city staff members should have an opportunity to attend committee meetings, noting that the Planning Department was particularly interested in annexation matters. Some discussion followed as to the procedure to be used regarding mail addressed to Councilmen. JUST MOVED for the City Clerk to open all mail addressed to Councilmen, so that the Administration would be advised , Baffaro seconded, motion carried. INVITATION A letter was read from Jess Medina, Director of the South Seattle Rocket Society, inviting Mayor Hogan to attend the opening ceremonies of the 14th Annual Model Rocketry Championship in Kent. MASTERS MOVED to accept the letter and for it to be made a part of the record, Martell seconded, motion carried. FINANCE Elliott moved to pay bills received on or before August 5th and approved by the Finance Committee at a meeting on Wednesday, August 15th at 8:00 a.m. , Masters seconded, motion carried. MEETING ADJOURNED: 10 : 30 p.m. --- Respectfully submitted , 4 Mariese City Clerk CITY CLERK