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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/04/1974 Kent, Washington February 4, 1974 Regular meeting of the Kent City Council was called to order at 8:00 p.m. Present: Mayor Hogan, Councilpersons: Baff aro, Johnson, Just, Kitto, Masters, McCaughan and Storment, City Administrator Street, City Attorney Mirk, Public Works Director Ulett Planning Director Harris, Finance Director Winkle. Also present: Parks Director Wilson, City Treasurer Drotz, Fire Chief Foster, Planning Commission members Long and Peak. MASTERS MOVED to approve the minutes of January 21, 1974, as corrected on page 5 changing the name Kent Valley Industrial Park to West Valley Industrial Park, Kitto seconded, motion carried. VISITORS The Mayor welcomed Cub Scout Pack 415 and their leader to the meeting. MOUNTAIN It was noted a public meeting has been scheduled for this VIEW date for consideration of the final plat of Mountain View ESTATES Estates. It was pointed out that the King County Health Department has advised that the area within the plat does not perc properly. The Mayor opened the public meeting. Charles Martell, the developer, stated from the audience that although the proposed plat may have some lots that are troublesome with regard to the perc testing, he did not feel that approval should be withheld for the entire plat. He further pointed out that the lots would have additional, individualperc tests when application was made for permits. Archie Kain, of the King County Health Department, stated that he had examined the plat approxi- mately one week ago and that the perc tests showed that the water table was near the surface of the ground on the North side and that holes dug on the South side showed compact soil and water table closer to the surface than the 30" minimum allowed. He noted that on last Friday the water depth in the holes was 13", 18" and 21" and that on the basis of his tests, the plat is not acceptable. Jerry DeRousse stated that although he had no particular interest in the' property he questioned the fact that the tests were made after heavy rainfall and wondered if the tests could be made again during better weather. Mirk informed the Council that under the Subdivision Ordinance, the City could not approve the plat unless approved by the Department of Health. Martell stated that the ground had been tested in October and in 1969, at which time it had been approved by the FHA. Upon Just's question, Mirk clarified that all plats must be considered by the City Council. A memo dated January 28, 1974, was read from the Planning Director stating that the Planning Department and the Public Works Department, along with other appropriate departments and agencies,had inspected the final plat of Mountain View Estates and found the plat acceptable. Another letter was read, addressed to Don Wickstrom, Assistant City Engineer, from James Callahan of the Seattle-King County Department of Public Health dated January 30, 1974, stating that an examination of Mountain View Tracts had been made on January 29, and that the results of the perc tests were unacceptable. Mirk pointed out that the City approval had been made prior to receipt of the letter from the Department of Health. MASTERS MOVED to close the hearing, McCaughan seconded, motion carried. Upon Johnson's question, Harris concurred that in the future the City departments should not give their approval until the Department of Health has approved. He explained that he had understood that the perc tests would be made later, on each individual lot, and further pointed out that the actual tests had been made after his memo had been written. Upon Kitto's question, Mirk clarified that the Council could not, under State law, approve the plat MOUNTAIN without the approval of the Department of Health. Just and VIEW Storment questioned Archie Kain of the Health Department as ESTATES to the perc tests being made during the rainy season and Kain stated that in a questionable area the tests mast be made in December, January or February and that the facts were as reported by -his Department. McCAUGHAN MOVED to deny the plat, Masters seconded, and qualified the decision on the grounds that the plat had not received the approval of qualifying agencies. Motion carried, with Just voting nay. STREETS South 248th (Between 38th Avenue S. and 39th Avenue S. A letter was read from Mr. and Mrs. Mike Armstrong, Lloyd and Marilyn- Norton, Mr. and Mrs. David T. Jones, Mr. and. Mrs. Lester Smith, and Joe A. Rubco, expressing their concern over traffic problems on South 248th Since the widehlsg of the road and reputing of Reith Road, and the conditionof the wooded strip of land between the National -Guard Base and homes in that area. The letter further requested that sidewalks be installed, trees be replanted, clean up of the area near the fence, and improve- ment to the existing fence by installing wooden slats. JUST MOVED that the letter be made a part of the record and referred to the Public Works Department, Parks Depart- ment, Police Department and Traffic Engineer, Masters seconded. Mayor Hogan noted that copies of the letter had been forwarded to these departments and that she and Joe Street had examined the conditions of the area. Motion carried. A letter was read from Charles V. Gibbs, Executive Director of Metro, commending the City and specifically the Street Department for their help and cooperation during the recent snowstorm on January loth and llth. MASTERS MOVED to accept the letter, Just seconded, motion carried. 64th- Avenue. It was noted that at the last work session Charlie Waller had requested that consideration be given to changing the requirements for completion of the zoning change on his and other properties along West Valley High- way. It was to be determined if other property owners along 64th Scare ready to &dicate the east half of 64th Avenue. JUST MOVED that no action be taken on this matter, McCaughan seconded. Harris reported that he had held a meeting on Friday, February 1, with Mr. Waller and several other per- sons, and that he thought all of the deed rights of way would be forthcoming. Motion carried. Milwaukee Railroad-Meeker Street Crossing. LID 262. It was noted that the upgrading and improvement of the Milwaukee Railroad-Meeker Street crossing was approved by the Council when LID 262 was created. The railroad submitted an agreement covering the proposed improvement which was reviewed by the City Attorney and approved for signature by the Mayor. The railroad has now requested some official Council action authorizing execution of the agreement. KITTO MOVED, Baffaro seconded, that the execution of the agreement by the Mayor be confirmed and ratified in all respects, motion carried. LID 272. It was noted that discussion was had at the last workshop concerning Change Order #3 for Bellevue Bulldozing for the improvement of the traffic lighting at the intersection of South 224th and 84th Avenue South and approval has been recommended. MASTERS MOVED to approve Change Order #3, for LID 272, in the amount of $1,837, McCaughan seconded, motion carried. Parking on 84th Avenue South between South 212th and South 228th. A petition signed by five property owners was read, asking that consideration be given to allowing parking on 84th Avenue South between South 212th and STREETS South 228th. STORMENT MOVED to refer the petition to the Public Works Committee for their consideration, and for, a report to be made to the Council, Kitto seconded, motion carried. POLICE & Union. The Clerk noted receipt of a copy of a petition FIRE from the Department of Labor and Industries serving notice of the Kent Police Department 's request to form a Police Guild to_;represent Police Officers, Police Clerks and Dispatcher/Operators for the purpose of collective bargaining. MASTERS MOVED to accept the petition and for it to be made a part of the record, Just seconded. Street noted that the copy was not addressed to the Council and that the matter was not being handled properly. Masters withdrew the motion and Just the second. MASTERS MOVED to acknowledge that we are in receipt of the copy of the petition and that it was read at the meeting, and that no action would be taken because it was not directed to the Council, Just seconded, motion carried. A letter was read from Mikron Industries, Inc. commending and thanking the Kent Fire Department for their assistance on January 7 when the sprinkler system at Mikron Sndustries froze and broke. MASTERS MOVED to make the letter a part of the record, Johnson seconded, motion carried. PARKS & Mill Creek. It was noted that at the workshop held on RECREATION January 14, 1974, discussion was had regarding an appli- cation for planning funds addressed to the National Endowment for the Arts. It was pointed out that the matter had not been brought before a Council meeting and was further noted that the application does not commit the City to finance either the planning or the projects, but gives the City the choice of having a project available when certain supporting funds, either State or Federal, are available. KITTO MOVED to note that the application for planning funds for a Japanese garden and foot bridge in Mill Creek was reviewed at the workshop on January 14, 1974, Masters seconded, motion carried. Park Board. It was suggested at the last workshop that the Park Board be enlarged from 3 to 5 members. KITTO MOVED that the City Attorney be directed to prepare an amending ordinance increasing the member- ship of the Park Board to five (5) and for the length of term to be changed to four (41 years, Johnson seconded, motion carried. KENT JUST MOVED that the public meeting on the final plat VALLEY of Kent Valley Industrial Park be held February 19, INDUSTRIAL 1974, Kitto seconded, motion carried. PARK PLANNING Resignation. A letter was read from Frank Chopp, Jr. COMMISSION announcing his resignation from the Kent Planning Commission due to his moving to the City of Seattle and expressing his desire to continue working for the City of Kent in a non-official volunteer position. MASTERS MOVED to acknowledge receipt of the letter with regret, Storment seconded, motion carried. It was suggested that the Parks and Planning Committee review the status of the size of the present Planning Commission at its first meeting. COUNCIL Committees. The following members have been appointed to the Council committees listed below by Council President Kitto: Finance & Personnel Parks & Planning Just Chairman Masters Chairman McCaughan Baff aro Storment Johnson Johnson Alternate Kitto Alternate COUNCIL Public Safety Public Works & Annexation Baffaro Chairman McCaughan Chairman Johnson Masters Just Storment Storment Alternate Kitto Alternate Kitto noted that he had suggested that the Chairperson of each committee set the time for the committee meetings; however, to avoid conflicts the matter will be discussed at the next workshop, and will be reported upon at the next Council meeting. Masters noted that the Parks and Planning Committee already has had an item referred to it and she set the Parks & Planning Committee meetings tentatively for the 2nd and fourth Mondays at 7 p.m. Time of Meeting. It was pointed out that a discussion was held at the last workshop concerning the suggestion that the time for council meetings be changed to 5 p.m. It was determined that input from citizens should be considered and the matter brought up again for discussion in thirty days. Charles Martell and Merville Bishop spoke from the audience in opposition to changing the meeting time from 8 p.m. It was noted that a seminar for newly elected officials will be held at the Greenwood Inn, Olympia, Washington on March 8, 1974, 10 a.m. to 5 p.m. All councilpersons planning to attend are requested to notify the City Clerk. It was noted that the City would provide transportation. FINANCE It was noted that the Finance Department proposes to change bill paying from once a month to twice a month. The Cut off date for receiving bills would be the Wednesday before the second Monday and the Wednesday before the fourth Monday. Councilman Just has suggested that the Finance Committee meet at 8 a.m. on Tuesday following the second and fourth Mondays. It is expected that eventually bills could be approved on Mondays just before the workshop sessions. JUST MOVED to pay the bills received on or before February 6, 1974 after approval by the Finance Committee at its meeting to be held on February 13, 1974 at 8 a.m. , Kitto seconded, motion carried. HEALTH & 100th Avenue Sanitary Sewer Interceptor. A letter was SANITATION read from Mr. and Mrs. Jerald W. Brannon, stating that they had recently purchased a home at 22324 - 100th Avenue S.E. and were unable to move in until the property was connected to the sewer line and expressed their support of the proposed 100th Avenue Sanitary Sewer Interceptor project and urged its completion as soon as possible. MASTERS MOVED to accept the letter and refer it to the Engineering Department, Just seconded, motion carried. A petition was also read from eight property owners on 100th Avenue S.E. requesting that other alternatives be explored, rather than the completion of the proposed 100th Avenue Sewer line. MASTERS MOVED for the petition to be accepted and made a part of the record, Baffaro seconded, motion carried. Jerry DeRousse spoke from the audience stating that another petition signed by 108 property owners had been forwarded to various agencies involved in the project, including John Spellman, King County Executive, and that the City would receive a copy. DeRousse noted that the City had claimed that the purpose of the proposed project was to relieve the overloaded pump station but that the environmental impact statement said that the line was designed to provide for future expansion and development of the area. DeRousse referred further to a letter written by Ulett to Clifford Lowry stating HEALTH & that it was expected that the City would adopt a policy SANITATION soon which would require annexation before a property would be served with Kent sewer or water systems. He noted that the people signing the petition did not want to be a part of the City. Ulett pointed out that his letter also stated that "the wording of the policy, and the exceptions, if any, have not been established as yet. " DeRousse noted further that none of the agencies which had received the City's impact statement had either approved or disapproved the proposed project. Masters asked if this group would be willing to become part of an LID for the installation of sewer lines. DeRousse stated that the environmental impact statement noted that the septic tanks were having a deleterious effect on the East Hill but noted that the Health Department had given no information to verify this statement. Ulett noted that some areas on the East Hill had been tested and septic tank failures had been noted. Masters pointed out that the City is attempting to solve a problem in the most economical way. DeRousse stated that he was aware that the City was trying to keep the costs of the sewer installa- tion down to a minimum but felt that some other alternatives should be considered by the Council, even perhaps to consider another route for the inter- ceptor. He pointed out that the Park Orchard area was originally only 75 homes, for which the sewer lines were adequate. Fie suggested that perhaps the additional permits to build in the additional Park Orchard areas and in Oxford should not have been issued. Easements - Sun-Mark Corporation. Joe Street recommended acceptance of two easements from Sun-Mark Corporation, one for sewer and water lines on 4th Avenue, North of S. 228th, and one for sewer and water lines in the North 15 feet of Lot 4 of Shinn's Valley Addition. MASTERS MOVED to accept the easements and to have them recorded, Johnson seconded. Motion carried. LID 273. The City Attorney introduced the Ordinance confirming the Assessment roll for LID 273. KITTO MOVED that the ordinance be adopted, Storment seconded. Upon Ulett's question, Winkle stated that an error had been found in the roll and the ordinance should be delayed. Kitto and Storment withdrew the motion and the second. Library Parking Lot. It was noted that at the time of construction of the Library Parking Lot, the side sewer to serve the Bank of the West was not included in the construction plans of the Bank. It was necessary to have it repaired and connected to the new sewer at a cost of $50. KITTO MOVED to approve Change Order #3 for City Transfer in the amount of $50, McCaughan seconded, motion carried. FEDERAL It was noted that the following requests have been REVENUE submitted for Kent Federal Revenue Sharing Funds: SHARING 1) Green River Community College veterans. 2) Kent Park Board for Borden Park 3) Kent-Auburn Youth --Service Bureau 4) Kent Edlice Department for 3 more vehicles 5 ) Mill Creek Basin preliminary study MASTERS MOVED that the matter be referred back to the Finance Committee for recommendations, Just seconded. Kitto stated that it was the intent of the Council to refer it back to the Finance Committee for recommendations to determine how the Council will proceed without a public hearing at this time. Street clarified that the Committee planned to discuss the matter to set up guidelines, after which these organiza- tions will be notified as to the date set for a meeting. FEDERAL Mayor Hogan noted that interested organizations REVENUE were calling to find out when such a meeting SHARING would be held. Motion carried. FLOOD The City Attorney introduced Resolution No. 757 authorizing CONTROL the beginning of consideration of flood control insurance which was discussed at the last workshop. KITTO MOVED that Resolution No. 575 be adopted, Baffaro seconded, motion carried. CITY Library. It was noted that at the last workshop session BUILDINGS preliminary plans for completion of the courtyard area between the City Hall and Library were presented by Bogard/Hewitt, Architects. KITTO MOVED that the architects be requested to complete the plans and prepare the speci- fications. Just noted that we are keeping within our budgeted amount. Motion carried. Masters asked for a breakdown on expenditures of City Hall Construction Fundsafter the retainage had been paid to the contractor, and Street stated he would provide the information. METRO Industrial Waste Permits. A letter was read from James D. Hinman, of Metro Industrial Waste Section, concerning Industrial Waste permits, providing for review and approval of permits by local agencies. MASTERS MOVED to acknowledge receipt of the letter and for it to be made a matter of record, Kitto seconded, motion carried. STATE Western Environmental Trade Association. A letter was ENVIRONMENTAL read from Charles T. Keenan of WETA offering their PROTECTION services to the City in providing economic and sociological ACT input regarding City deliberations regarding land use, EPA, or master program and requesting that they be put on the mailing list concerning hearings, etc. MASTERS MOVED to accept the letter and for it to be directed to the Planning Department, Just seconded, motion carried. SHORELINE A letter was read from Gilbert A. Holland commending the MASTER City for a well-prepared Shoreline Master Program. The PROGRAM letter contained their endorsement of the "Conservation Element" and brought attention to the fact that the City's objective of preventing further deterioration of water quality and improvement of water quality could not be accomplished without the full cooperation of shoreline users outside the six mile stretch of the Green River within the City limits. MASTERS MOVED to accept the letter, McCaughan seconded, motion carried. POLLUTION Notice has been received that a public hearing will be CONTROL held by the Puget Sound Air Pollution Control Agency at 9:30 a.m. February 21, 1974 to consider a proposed amendment relating to sulfur content of residual fuel oil and that Chief Foster or his representative will attend the meeting. BUSINESS Going Out of Business License. The City Attorney introduced LICENSES Ordinance No. 1858, governing "Going Out of Business Sales, " providing for a license and establishing procedures there- for and penalties for violations. JUST MOVED to adopt Ord. 1858, Baffaro seconded, motion carried. Northwest Contact Center. City Attorney Mirk reported to the Council that the business in Kent known as Northwest Contact Center has been the subject of many complaints. The Police Department has been investigating the matter but that no criminal prosecution is contemplated at this time. He stated that a business of this type should not be encouraged and that the City is justified in refusing to renew their business license for 1974 and asked that the Council direct the City Clerk not to renew their 1974 business license. JUST SO MOVED, Masters seconded. Upon McCaughan's question as to how the business was licensed originally, Mirk noted that it was described as a social club, but that in fact, by their own admission to police officers, it has been BUSINESS determined that employees have engaged in acts of LICENSES prostitution. He clarified for Kitto that the City could legally refuse to renew a license under these circumstances. Johnson asked if the City could adopt a strong ordinance to cover this type of operation, as we did with massage parlors and body painting studios. Mirk stated that refusing to renew the license would cover the problem. Motion carried. PUGET A letter addressed to the Mayor was read from Gordon SOUND N. Johnson, new President of PSGC, asking assistance GOVERNMENTAL in forming a committee to consider ways of changing CONFERENCE the Conference and improving its operation. MASTERS MOVED to accept the letter and for a congratulatory response to be made to Mayor Johnston on his election as President of the Conference, Just seconded. Mayor Hogan noted that she is the City's representative to PSGC and Street is the alternate. Motion carried. A letter was read from Mart Kask, Executive Director of PSGC, noting the formation of a consortium for the administration of Federal Urban Systems Funds (FAM) under PL 93-87, and requesting that a staff member from the City of Kent be appointed. It was noted that Mayor Hogan has appointed Public Works Director Ulett, with Traffic Engineer Olson as alter- nate, to serve in this capacity and to attend a meeting tentatively scheduled for Tuesday, February 5, 1974, at 3 p.m. in the PSGC Conference Room. JUST MOVED to accept the letter, Kitto seconded, motion carried. LEGISLATION Street reported on several items of proposed legislation which are of interest to the City of Kent. Under SB 2266 - LEFF - a proposal to increase the City's contribution from 6% to 8% and to provide for retirement after 20 years of service at half salary. The State proposes to finance this by taking revenues away from the cities. Amounts applicable for Kent: Fire Insurance Premium Tax $8, 683 Justice Court Fines 30,000 Additional Cost to City 19,000 This would cost Kent approximately $57, 683, Street pointed out that the purpose of the money measures was to reduce the unfunded liability of the system which is in direct conflict to the commit- ment made under RCW when the LEFF Act was passed. Street encouraged opposition to the bill through our representatives. Street noted that the State Land Planning bill will not be considered at either of the 1974 sessions. PERS Public Employees Retirement System. BAFFARO MOVED to approve the request of Alex Thornton for the City to pay the sum of $2,421.24 to Public Employees Retirement System, Just seconded. It was noted that it will be necessary for the Finance Committee to determine the source of the funds, since changes to the budget must be considered by this Committee. Masters suggested that it would be appropriate for the City Administrator and Finance Director to supply the Finance Committee with suggestions as to alternate sources. Motion carried. MEETINGS Association of Washington Cities. It was noted a seminar sponsored by AWC entitled "Comprehensive Employment and Training Act of 1973" will be held at the Hyatt House on February 13, 1974 9 a.m. to 4 p.m. and that all Council members were invited to attend. Finance Director Winkle will represent the City of Kent. MEETINGS Winkle reported on the Comprehensive Employment and Train(tna Act of 1973, noting that Kent is a member of King/Snohomish Counties manpower consortium which is designed to administer approximately 8 million dollars in manpower revenue sharing funds. He pointed out that this act pulls all of the man- power programs into a single consortium-run program. Mayor Hogan extended an invitation to the Suburban Mayors Association meeting in Renton on Wednesday, February 6, at the Hungry Wolf at 6:30 p.m. EDA. The Mayor noted that she and the Finance Director had attended a Central Puget Sound Economic Development District Meeting and had been told that EDA would again be funded, and the City was encouraged to submit EDA pro- jects. PSGC. Mayor Hogan noted that on February 14 the PSGC meeting will be held in the Kent City Hall relating to a balanced community proposal for housing. Urban Allocation Board. Mayor Hogan noted that the first meeting of the Urban Allocation Board will be held on February 13, and that she would attend as a representative of the Suburban Mayors Association. CENSUS JUST MOVED that the Administration notify the State Census Board that Kent will not take a census in 1974, Kitto seconded, motion carried. CHAMBER A letter was read from Hal Cline, President of the Kent OF COMMERCE Chamber of Commerce, requesting that the Council give consideration to the following items: 1) Urging development of vacated portions of property between Smith and Meeker Streets, adjacent to Railroad Avenue, by the City and also the property directly across from the Burlington Northern station on Gowe Street. 2) Recommending enforcement of the City's sign ordinance as enacted in 1973. 3) Recommending codification of City ordinances and pointing out that it has been six years since this has been done. MASTERS MOVED to accept the letter, Kitto seconded. Mayor Hogan commented that the Burlington Northern Railroad has been contacted again, and that a meeting to discuss a linear park and parking in the areas mentioned was to be held February 6, 1974. Harris commented that the Chamber of Commerce has never asked the Planning Department about what is being done about signs. He noted that a program is being developed to enforce the new Zoning Code sign section covering abandoned signs. Winkle noted that the matter of codification, and alternatives, was under consideration. He pointed out that it had been less than three years, not six years, since the last update of the Code Book. ELECTION The Mayor reminded everyone to vote in the school election to be held Tuesday, February 5, 1974. MEETING ADJOURNED: 9:45 p.m. Respectfully submitted, Marie Jensen Mayor Hogan City Clerk