Loading...
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