HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/17/1973 Kent, Washington
December 17, 1973
Regular meeting of the Kent City Council was called to order at 8:00 p.m.
Present: Mayor Hogan, Councilpersons: Baff aro, Elliott, Just, Kitto,
Martell, Masters and Johnson, City Administrator Street, City Attorney
Mirk, Public Works Director Ulett, Planning Director Harris, Finance
Director Winkle. Also present: Parks Director Wilson, Assistant Fire
Chief Freelove, City Treasurer Drotz, Planning Commission members Long
and Peak.
ELLIOTT MOVED that the minutes of December 3 , 1973 , be approved with
the following corrections :
On Page 1, E.P.A. Grants Item C,
"c Garrison Creek Phase I Sanitary Sewer
Interceptor. "
On Page 3 , Property Damaqe Reward , add:
"Elliott moved to approve Ordinance 1847.
Masters seconded , motion carried. "
Just seconded, motion carried.
VISITORS Mayor Hogan welcomed Scout Leader Shreive and Cub
Scout Pack 415 from the Valley Elementary School.
BENAROYA It was noted that a hearing was held before the Planning
CONDITIONAL Commission on November 20 , 1973 , on a Conditional Use
USE PERMIT Permit for the Jack Benaroya Company to include a sand-
wich shop in a new building in their industrial complex.
It was the recommendation of the Planning Commission
that the request be denied. The Mayor opened the public
hearing. Jerome L. Hillis, attorney for the Benaroya
Company, pointed out that the proposed sandwich shop
was to be located in a new 10 ,000 square foot building
and would occupy less than one-third of the building's
space. He stated that the shop would be owned by the
Benaroya Company and that a similar operation have been
opened in the Seattle Benaroya Industrial Park and that
its main purpose would be to provide a convenience kind
of restaurant service for the some 1252 employees of
the industrial park. He also pointed out that the
Seattle Sandwich Shop serves approximately 1400 people
with 250 meals per day. Upon Baff aro 's question, Harris
pointed out that a "conditional use" covered operations
which could stand by themselves, such as service stations,
banks, etc. , whereas an "accessory use" covered an
operation which is part of the general operation even
though separate from the main operation. . Harris
pointed out that there are five restaurants within
one mile of the industrial park. There were no further
comments from the audience and JUST MOVED to close
the hearing, Kitto seconded, motion carried. JUST
MOVED that the sandwich shop be allowed, Kitto seconded,
motion carried.
SHORELINE It was pointed out that the Shoreline Master Program
MASTER had been presented to the Planning Commission by the
PROGRAM citizen 's committee, and that the Commission had dis-
cussed the proposed plan at some length. The public
hearing before the Council has been scheduled for this
meeting, and the hearing was declared open by Mayor
Hogan.
Planning Director Harris explained that after approval
by the Council the plan would be sent to the Department
of Ecology and that they had ninety days in which to
review the proposed plan, after which time they would
accept it, reject it, or return it to the City for
revision.
SHORELINE Harris pointed out that several suggestions had been
MASTER made by Councilperson Kitto including changing the
PROGRAM word "SHALL" to "SHOULD" in several instances. He
referred to specific items:
Page 3-5 , Objective 2 , Policy 3 "Shoreline roadways
shall be developed as scenic boulevards for slow
moving traffic, " and suggested that "shall" was `a more
positive word than "should . "
Page 3-6, Objective 1, Policy 3 "The city
insures that a minimum of 16,500 front feet of the
river 's edge be made available for public recreation.
This may include City, County, State and privately
owned recreational facilities open to the public. "
Kitto pointed out that he objected to the word "insures"
because he- was concerned with future expense to the
City. Harris opined that the original wording gives
the City a target or goal to work toward.
Page 3-9 , Objective 1 "Preserve and restore the remain-
ing natural resources of the shoreline such as wildlife
habitats , fishery resources, beaches, natural vegetation
and other fragile elements. " Harris noted that it had
been suggested that the words "when feasible" be added,
but that the Planning Commission had recommended that
this phrase not be added .
Martell noted that he concurred with Kitto in his con-
cern over committing the City's money for the future.
Mr. McConnell of the Citizen's Committee commented on
item #9 ,on page 5-2 which reads: "No over-water struc-
ture shall be included unless it is clearly demonstrated
that such a structure is needed to protect or promote
the public interest or is for utilities approved by the
City. " He recommended deletion of the words "or is for
utilities approved by the City, " and further suggested
that this phrase be deleted in other portions of the
program. McConnell noted that this is a long range
plan which has been carefully put together and suggested
that any changes be carefully considered.
Duane Peak stated that the Planning Commission referred
the plan to the Council, with the intent that the word
"shall" would constitute a commitment by the City. A
letter was read from Mr. Hurst of the Milwaukee Railroad
proposing some amendments to the plan as follows:
Page $-16 Add:
9) When repairs, restoration, alterations or modifica-
tions are required for existing bulkheads embank-
ments or fills .
10) When landfill is required for flood control , or for
the improvement of adverse environmental, or ecological
conditions
11) Justification for landfill for any purpose, other
than those listed above, will only be allowed with
prior approval of the Kent Planning Commission.
and Page 5-19 Add :
16) This section is not intended to require relocation
of existing transportation facilities or to prevent
modification of same.
Mr. Hurst was present and also commented on the contents
of Page 5-20 which states in part "Rail lines shall be
prohibited within the Shoreline area. " Harris noted
that he had suggested this be revised to state "NEW
rail lines. . . . " MARTELL MOVED to accept Mr. Hurst 's
letter, and for it to be made a part of the record.
Masters seconded, motion carried .
SHORELINE John Mercer representing "Green for Tomorrow" concurred
MASTER with McConnell 's recommendation for deletion of the
PROGRAM phrase "or is for utilities approved by the City. "
He further commented on item #13 on page 5-8 suggesting
that the wording could be made stronger to give the
City more power in halting construction on a site
which has historical or cultural significance. He
also concurred with leaving the word "shall" in the
document. There were no further comments from the
floor, and no correspondence, and MARTELL MOVED to
close the public hearing. Baffaro seconded, motion
carried. Upon Master 's question, Harris determined
that the City would be committed to the plan after
it was sent to the Department of Ecology, subject
to their acceptance, or their request for revisions.
JUST MOVED to hold the matter over until the workshop
meeting of January 14, 1974, Masters seconded.
Motion carried, with Baff aro voting nay.
FEDERAL Federal Revenue Sharing Funds. The Mayor opened the
REVENUE continued public hearing on the proposed expenditure
SHARING of Federal Revenue Sharing Funds . The written recom-
BUDGET mendations of the Finance Committee were presented by
Street. He explained that funds were proposed to be
spent in 1974 as follows: City Shop Improvements -
$49 , 245; , Fire Station Addition $20, 000; Engineering
Department - $34, 200; Street Projects $63 ,ODO. He
noted that other improvements to the City Hall and
Shops were proposed to be funded over a five year
plan. He pointed out that it is necessary that the
City furnish a report telling haathe funds have been
spent for the preceding year.
The City Clerk read a letter from Gerald Hickman
of the Community Service Center requesting that
consideration be given to funding the Service Center.
ELLIOTT MOVED that the letter be made a part of the
record, Masters seconded, motion carried. It was
noted by Pastor Hickman that the Community Service
Center is set up to serve needy families of the
area by providing food and clothing. Elliott asked
that copies of this letter and of a similar letter
from Pastor Hickman written in August be sent to the
Council.
Mrs. Jean Fournier spoke from the audience on behalf
of the Central Business District Committee and expressed
appreciation for the cooperation of various City de-
partments in this worthwhile project. She informed
the Council that the project has now reached a point
where they are in need of professional assistance and
asked that consideration be given to funding for this
purpose. Upon Mayor Hogan 's question, Street clarified
that requests for Revenue Sharing Funds could be made
by groups throughout the year, for the Council 's con
sideration, noting that some funds had not been specifically
committed and could be utilized for this purpose. Street
suggested that Pastor Hickman contact the:�Finance .Director
for advice as to what information will be required, noting
that certain guidelines must be met. He pointed out that
the Community Service Center serves not only the City
of Kent but Auburn and County residents as well and
that Federal Revenue Sharing Funds can be allocated
only to. City projects. Street clarified for Ki.tto
that it is necessary to advertise each hearing.
Elliott 7Afermed Mrs. Fournier that funds were not
being denied for the Central Business District project,
but were being set back until there is a need for
further funds. There were no further comments from
the audience and ELLIOTT MOVED that the hearing be
closed, Martell seconded, motion carried. ELLIOTT
MOVED that the expenditures recommended by the Finance
Committee be approved and said budget be published in
accordance with Federal regulations, Martell seconded,
motion carried.
STREETS Vacation. The Mayor opened the public hearing on the
petition of Central Pre-Mix Concrete for the vacation
of portions of S. 208th, S. 209th and S . 210th. It
was noted that the petition had been heard by the
Planning Commission on November 20 , 1973 , at which
time the City Attorney advised that the petition
regarding S . 210th was not sufficient and could not
be considered. It was also noted that it was the
recommendation of the Planning Commission that vacation
of South 209th only be allowed. Jeannette Wasley pointed
out that that the vacation of S. 208th had been proposed
last year by the railroad and that the property owners
had protested at that time also. Mrs. Wasley explained
that if the street was vacated and closed there would
be limited accessibility for fire trucks and emergency
vehicles, inadequate school bus service, and would
require re-routing of Metro buses, utility services
and fuel delivery services. Mr. Post and Mr. Colla,
both residents of the area, concurred with Mrs. Wasley.
The City Clerk noted receipt of a petition against
the closure of S. 208th, containing 56 signatures.
Upon Elliott's question, Street and Mirk advised
that this hearing covered the proposed vacation for
both South 208th and South 209th, and that the Plan-
ning Commission had recommended that only S . 209th
be vacated. Upon Mr. Post 's question, Harris pointed
out the vicinity of the spur crossing on the map.
Masters further pointed out that the Council was
not discussing a spur crossing, and that the closure
of S. 209, which is South of S. 208th, is being con-
sidered. There were no further comments from the
audience, and KITTO MOVED that the hearing be closed,
Just seconded , motion carried . MASTERS MOVED that
the recommendation of the Planning Commission be
accepted as to the vacation of South 209th only,
and that the City Administrator be directed to have
an appraisal of the property in accordance with Ordinance
No. 1495 , Elliott seconded, motion carried.
LID 262. Upon the recommendation of the Director of
Public Works, MARTELL MOVED that a time extension to
January 190 1974 be granted L.D.L. Company on the
West Gowe Street improvement project. It was noted
that the contract had been delayed because of the work
on the railroad crossing, Masters seconded, motion
carried.
Gowe Street Overlay. It was recommended by the Director
of Public Works that the Gowe Street Overlay be delayed
in starting until after February 1, 1974 in order to
avoid Christmas traffic and take advantage of better
weather. It was noted that the contractor is aware
that the costs will be higher and that he accepts this
as a part of his cost. MARTELL MOVED that the starting
of the Gowe Street Overlay be delayed until after
February 1 , 1974 and to note that the contractor is
aware of the possibility of higher costs, and accepts
same as his cost. Johnson seconded, motion carried.
Traffic Control . It was noted that the request for
further restriction of parking on West Gowe and Sixth
Avenue has been considered and that the matter will
be reviewed again as soon as the contractor has com-
pleted the striping and placement of signs. It was
noted that the Traffic Engineer is of the opinion
that a satisfactory solution to the problem will have
been reached as soon as the contractor has completed
the project.
Kent-Kangley Road . MARTELL MOVED to adopt Resolution
#753 setting the grades for the Kent-Kangley Road to
comply with State regulations. It was noted that the
Director of Public Works has reviewed these grades
STREETS and is in agreement, and that the grades are basically
the same as now exist. Upon Mayor Hogan's query, Street
noted that the bids on Kent-Kangley will be opened on
the 20th of February rather than on December 20, 1973 .
Just seconded , motion carried.
WATER Water District 111. It was noted that the City Attorney
has prepared a new contract with Water District #111 in
accordance with the direction of the Utilities Committee.
MARTELL MOVED for the Mayor and the Clerk to be author-
ized to sign said contract, Elliott seconded motion
carried.
Late Comers Agreement. It was noted that a letter has
been received from Harstad Associates , Inc. concerning
a "Late Comers" agreement to cover a waterline extension
beyond the Upland property to S. 180th. MARTELL MOVED
to direct the City Attorney to prepare a Late Comers
Agreement in accordance with information furnished to
him by the Director of Public Works, Elliott seconded,
motion carried.
East Hill Water Main Replacement. Upon the recommenda-
tion of the Utilities Committee, MARTELL MOVED to
approve Change Order #1 for Bert Robison Construction
Company on the East Hill Water Main Replacement
project for the conversion of four fire hydrants in
the amount of $755 .40, Just seconded, motion carried.
East Hill Water Main Replacement. It was noted that
the contract with Bert Robison Construction Company
for the installation of two water lines has been com-
pleted. Upon the recommendation of the Director of
Public Works, JUST MOVED that the contract with Bert
, Robison be accepted as complete and that payment be
made at the appropriate time, Elliott seconded, motion
carried.
HEALTH & Petition Outside City and Boundary Review Board.
SANITATION A petition was read by the Clerk from 68 property owners
opposing the formation of the proposed Cramer LID for
Sanitary Sewers in the Derbyshire - S .E. 270th Street
area. MASTERS MOVED to accept the petition, Just
seconded, motion carried. Street pointed out that
the Boundary Review Board will answer this petition.
He noted that his memo regarding a Boundary Review
Board resolution denying water and sewer extensions
outside the City would be discussed at the next work-
shop meeting.
Drainage. A letter was read by the Clerk from Mrs. Winifred
Livermore regarding a water drainage problem at her prop-
erty at 504 N7.. Hazel , Kent. It was noted that the letter
had been directed. to the Director of Public Works who
advised the Council that he had made an inspection of
the problem and found that a spring was draining onto
the Livermore property, but that the problem was a private
matter between the owners. Ulett noted that he would
suggest a method of solving the problem to the owners.
JUST MOVED to acknowledge receipt of the letter and to
refer it to the Director of Public Works, Masters seconded,
motion carried.
LID 273 . It was noted that it is necessary to set a final
hearing date on LID 273, the S . 228th Water & Sewer
project. MARTELL MOVED that a public hearing on the
final roll for LID 273 be set for January 21 , 1974,
Elliott seconded, motion carried.
LID 273. It was noted that in order to comply with EDA
Regulations it is necessary to accept the final change
order #5 on the South 228th St. Water & Sewer pro'jectt .
The final contract cost is $209 , 000 and the original
estimate was $214,000. MARTELL MOVED to approve change
order #5 , Baffaro seconded, motion carried. MARTELL
HEALTH & MOVED that the contract for 228th Water & Sewer
SANITATION construction with L.D.L. Company be accepted as
complete and that final payment be made at the
appropriate time, Kitto seconded, motion carried .
FINANCE Segregation, ULID #1 . It was noted that the Stuart
Land Company has requested a segregation of ULID #1
assessments for property near S. 208 .& East Valley
Highway. MASTERS MOVED to acknowledge the request
and for the Engineer and Treasurer to prepare the
segregation upon receipt of all necessary information,
Martell seconded, motion carried.
POLICE & Civil Service Commission. A letter was read from John
FIRE MacGregor, announcing his resignation from the Kent
Civil Service Commission, to be effective no later
than December 31, 1973. MARTELL MOVED to accept the
. letter of resignation, Kitto seconded, motion carried .
Mayor Hogan noted that two names had been suggested
as possible appointees and pointed out that other
suggestions would be welcome. Mirk pointed out that
it must be remembered that the person chosen must
reside within the City limits of Kent.
A letter was read from. David Schindeldecker, Principal
of O'Brien Elementary School , expressing appreciation
for the emergency aid rendered to one of their students,
Tammy Delano. KITTO MOVED to accept the letter, Martell
seconded, motion carried.
Fire Zones. The City Attorney introduced Ordinance
No. 1852 establishing the City as a Fire District,
designating certain areas of the City as Fire Zones,
and repealing prior ordinances. ELLIOTT MOVED to adopt
Ordinance 1852, Masters seconded, motion carried.
Fire Code. The City Attorney introduced Ordinance No.
1853 , adopting the Uniform Fire Code, 1973 edition,
with specified deletions, additions, and amendments-
thereto, deleting prior prevention codes and bulletins,
and repealing Ordinance No. 1794. MARTELL MOVED to
adopt Ordinance 1853 , Just seconded, motion carried .
UNIFORM Building Code. The City Attorney introduced Ordinance
BUILDING No. 1854, adopting by reference the Uniform Building
CODE Code, 1973 edition, together with certain deletions
and additions thereto, and adopting specified Chapters
of the Appendix to the Code. The City Attorney pointed
out that when Vols. 1, 2 3 and 4 of the Building Code
were adopted three years ago, that the Council had
deleted language regarding entry for inspections, and
since this deletion had caused no problems, this ordi-
nance also provides for the same deletions. He further
noted that this ordinance provides for Performance
Bonds before any demolition permit is issued, and for
"No Fee" permits for minor repairs or alterations, to
be issued at the discretion of the Building Official.
New sections cover the slope of driveways on private
property and the use of foam plastics in interior finish
and trim. KITTO MOVED to adopt Ordinance No. 1854,
Johnson seconded, motion carried.
PARKS & Garrison Creek Reservoir. Parks Director Wilson reported
RECREATION that there had been some problem with the top for the
Garrison Creek Reservoir but that the matter was being
taken care of by the contractor.
TRANSPORTATION It was noted that the Regional Transportation Plan -
1990 is being considered by the Puget Sound Governmental
Conference today and that the City's Director of Public
Works and Traffic Engineer have submitted information.
Mayor Hogan noted that the State Highway Commission
will set up the allocation of the Federal Aid Urban
I
TRANSPORTATION System Funds as part of the 1973 Federal Aid Highway
Act. She noted that the Commission proposes to dis-
tribute funds under a formula which would be the same
all over the State, and that Region 1 , of which Kent
is a part, has asked for a more equitable distribution.
The Commission has deferred action on this Region for
one month. The Mayor pointed out that there is a
possibility of an Urban Allocation Board being set
up for this district under a program similar to Metro.
LICENSES The City Attorney introduced Ordinance No. 1850,
establishing the following fees for dog and cat
licenses for 1974:
Male and female dogs $5
Neutered dogs $3
Male and female cats $2
Neutered cats $1
ELLIOTT MOVED to approve Ordinance 1850 , MARTELL
seconded, motion carried .
GAMBLING A letter was read from Prosecuting Attorney Christopher
Bayley concerning a forthcoming County ordinance on the
regulation and taxation of gambling. MARTELL MOVED to
acknowledge receipt of the letter, Elliott seconded ,
motion carried. KITTO MOVED that the City Attorney's
written opinion of the contents of the letter be made
a part of the record, Masters seconded, motion carried.
The City Attorney introduced Ordinance No. 1851, levying
a tax of 7% on the gross revenue of bingo, raffles and
amusement games, prohibiting punch boards and pull-tabs,
and repealing prior ordinances. MARTELL MOVED to adopt
Ordinance 1851, with one change, to change the tax from
7% to 5%. Just seconded. Mirk explained that the 7%
figure was taken from the prior County ordinance. He
noted that the passage of Chapter 41 declared all city
and county gambling ordinances void, so at present there
is no county ordinance. Upon Elliott 's question, Mirk
explained that the reason for excluding punch boards
and pull tabs was that the rules from the State Gambling
Commission were vague in this area. Martell noted that
as a Code City we did not have to follow the County's
lead in the amount of the tax. Mirk explained that he
disagreed with Bayley' s statement that cities may not
pass a gambling tax ordinance because the County has
not done so. Upon a roll call vote, Elliott, Martell ,
and Masters voted aye, and Baffaro, Just, Kitto and John-
son voted nay. Motion failed. JUST MOVED to adopt
Ordinance 185� as presented by the City Attorney,
Baffaro seconded, motion carried, with Elliott, Martell
and Masters voting nay.
TAX The City Attorney introduced Ordinance No. 1848, pre-
LEVY pared in accordance with the latest assessed valuation
ORDINANCE figures, and repealing Ordinance 1846. MASTERS MOVED
that Ordinance 1848 be adopted, Elliott seconded,
motion carried.
BUDGET The City Attorney introduced Ordinance No. 1849,
adopting the 1974 budget for the City of Kent. ELLIOTT
MOVED to adopt Ordinance 1849, Baffaro .seconded, motion
carried.
HOLIDAYS Mr. Street announced that the President and the Governor
of the State of Washington had declared Monday, December
24, and Monday, December 31, as legal holidays. He noted
that it would cost the City approximately $4,000 in emer-
gency service salaries for the two days. ELLIOTT MOVED
that Monday, December 24, and Monday, December 31 , be
declared as legal holidays for City employees, Just
seconded , motion carried .
FINANCE Claims approved by the Finance Committee at their meeting
FINANCE following the Council Meeting on December 17 , 1973
are as follows:
Current Expense $ 5n, 360.18
Parks & Recreation 7,058.47
Library 24. 20
City Streets 10 ,840.43
Park Forward Thrust 7,936.47
Alcoholics Rehabilitation 874.14
Central Business District 46. 29
Federal Shared Revenue 879 .57
Library Construction 5 ,183. 71
Off Street Parking 1,026.17
212th Ph 3 249.55
E. Valley Construction 1 ,482.04
Gowe Street - West 20.70
Canyon Drive 866.66
Linda Hts. Sewer Improv. 480.92
Kent-Des Moines Sewer Inter 4.79
Equipment Rental 6,493 .98
Fire R/P 1 , 318.64
Leff Disability 1 , 748.16
Sewer 39 ,615 .06
Water 21, 420.20
Garbage 41 ,481 .42
$206, 712.07
Interest Bearing Warrants
EVH-Willis to Gr Rvr
Hill, Ingman & Chase $ 789.69 .
Hill , Ingman & Chase 4,825 .10
City Transfer 508. 25
Prudential Mut Sav Bk 26. 75
City Transfer 6,963.78
` Prudential Mut Sav Bk 366.51
City Transfer 115 .42
Prudential Mut Sav Bk 6.08
City Transfer 1, 385 .10
Prudential Mut Sav Bk 72.90
Wash. Dept/Nat Resources 45 .00
City Transfer 1 ,666.49
Prudential Mut Sav Bk 87. 71
Kent News Journal 20. 70
$ 161-879 .48
LID 275
Bowers Construction $ 9 ,933.60
Meeting adjourned : 10 :15 p.m.
Respectfully submitted,
Marie Jensen
Mayor Hogan City Clerk