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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/15/1974 _ 4.5 Kent, Washington July 15 , 1974 Regular meeting of the Kent City Council was called to order at 8:00 P.M. Present: Mayor Hogan, Councilpersons: Baffaro, Johnson, Just, Kitto, Masters, McCaughan and 'Storment, Public Works Director Ulett, Planning Director Harris, City Attorney Mirk, Finance Director Winkle . City Administrator Street was absent due to illness . Also 'present : City Treasurer Drotz, Planning Commission member Long, Hill, Ingman & Chase repre- sentative Ramsey. Approximately 35 people were in attendance. MINUTES KITTO MOVED to approve the minutes of the meeting held on July 1, 1974 with the following correction of a typographical error as pointed out by Councilperson Masters : On page 12, the date of a meeting was reported as June 26, 1947, and should be June 260 1974. Just seconded . Motion carried . HEALTH & LID 275 - Final Hearing on Assessment Roll . SANITATION The final hearing is scheduled for this meeting on the final assessment roll for LID 275 , ' the Sanitary Sewer project in the Stuart Wattles area, west of East Valley Highway at South 203rd . The cost of the project is $23, 205 . It was noted that there are only two property owners involved, and the City proposes to sell a note in lieu of bonds to a financial institution. The Mayor opened the public hearing. Edward M. Bensussen spoke from the audience on behalf of his client, Stuart Wattles, noting that on July 12, he had filed an objection to the assessment, and also an objection to the hearing. He pointed out that the notice was mailed to the former owner instead of to his client or to his law office, as had been requested of the City Clerk in September, 1973, when the preliminary assessment roll was mailed . Bensussen stated that the notice was received about July 9th instead of the required 15 days prior to the hearing date . The letters objecting to the hearing, and to the roll, were read . MASTERS MOVED to accept the letters, Just seconded, motion carried . Upon McCaughan ' s query, Mirk noted that State law does require that 15 days written notice be given to all property owners, but that since the notice had been received and an appearance was made on behalf of the person objecting, that his advice to the City Council was to continue -- with the hearing. McCAUGHAN MOVED to close the public hearing, Just seconded . Bensussen explained 1,hat he wi:,hed t.o file a written aprendweriL- Lo his objection L-o the assessment;, roll, adding a statute number . The motion and second to close the hearing were withdrawn. The Clerk read Mr. Bensussen ' s amended objec- tion to the assessment into the record and MASTERS MOVED to accept same. McCaughan seconded, motion carried . McCAUGHAN MOVED to close the hearing, Masters seconded . Motion carried . 46 HEALTH & JUST MOVED that the Final Roll of LID 275 SANITATION be approved as presented and for the attorney !i to draft the proper ordinance. Johnson seconded . Kitto suggested that objections should be considered at a workshop meeting. Mirk noted that the property had been appraised and that in the appraiser ' s opinion, the a benefits to the property `would be equal to at least the amount of the assessments . Bensussen pointed out that this was no longer a two party LID, as some of the prop- erty had been sold, and there woul d now be three owners involved . Just and Johnson withdrew the motion and the second to , approve the roll . KITTO MOVED for the objection to be considered at the next workshop session. McCaughan seconded . Motion carried . Kent-Aero Mechanics Pump Station and Trunk Line . Upon the recommendation of the Director of Public Works made to the Public Works Committee, KITTO MOVED that the firm of Hill, Ingman & Chase be authorized to make a study of the Kent-Aero Mechanics manner pump station and trunk line for some of controlling the hydrogen sulfide . The cost of the study is to be between $1700 and $2100 . Just seconded . Motion carried . Garrison Creek Interceptor. A letter was read from Joseph A. Silvestri, requesting certain changes be made in the side sewer locations in the Garrison Creek Interceptor Sewer project. JUST MOVED that receipt of the letter be noted and that it be referred to the Public Works Committee, Baffaro seconded, motion carried . Bill of Sale . KITTO MOVED that the City accept a Bill of Sale from Mr. Harold Hill for 460 feet of 8" sanitary sewer located on the north side of South 228th Street near Fourth Avenue, in accordance with the recommendation of the Director of Public Works, McCaughan seconded . Motion carried . Request for Water Service Outside of City. Ulett reported that the Public Works Committee had considered a request from Mr. Al Stewart of 23244 - 112th S .E . for extension of water service . He explained that the Stewart ' s house is one of three homes just north of the City limits, also north of the high level tank, now served by a well . Ulett noted that there is a line connecting the high level tank with Park Orchard . Upon Kitto ' s query, Ulett determined that the City had made no commit- ment to serve this area. McCAUGHAN MOVED to extend water service to the Al Stewart property. The motion failed for lack of a second . KITTO MOVED that the request be denied, Just seconded . A gentleman from the audience spoke on behalf of Mr. Stewart, noting that the well did not meet the King County Health Department standards . Johnson asked if the well could be brought up to required standards and was informed that it might be possible but that it would be very costly and time- 47 HEALTH & consuming and that the best way to solve SANITATION the problem was for the City to supply the water. Ulett noted that King County had stated that the well was too close to a barn to meet the standards . Upon the Mayor ' s question regarding annexation of the area, Ulett pointed out;, that there were several parcels between this home and the City limits and that annexation was not logical at this time. Kitto noted that his motion was made because of the City policy against serving utilities outside the ' City, although in principle he was against iti and felt the property should be served by the City. Motion carried, with Johnson and McCaughan voting nay. Richard Olson Request for Water Service. Ulett noted that the Public Works Committee had considered a request from Richard Olson for water service for a house under con- struction at 23215 - 94th Avenue South. He pointed out that another house on this lot was already connected to City water, and that in February, before he got a building permit, Olson had been told that he would be able to get City water for the house . Ulett noted that it had not been customary to take a request like this to the City Council , inasmuch as the line had already been installed . KITTO MOVED to grant the request, McCaughan seconded . Just noted that King County had granted the building permit and upon- his further question, Ulett ascertained -that King County had been notified that they should not issue building permits in City of Kent utility areas until they have contacted the City. Kitto noted that the request was being granted solely because there had been a prior commitment and he asked that this entire question of service be discussed further at the Public Works Committee meeting. McCaughan concurred . Motion carried . STREETS Signalization - SE 256th Street and 101st Avenue Southeast. A letter was read from Aubrey Davis, Jr . , Chairman, Puget Sound Governmental Conference, announcing that the Urban Systems Board had approved the City ' s proposal for $321000 in Federal-aid Urban (FAM) funds for signalization and related improvements to the intersection of S .E . 256th and 101st Avenue S .E . MASTERS MOVED that receipt of the letter be noted and referred to the Director of Public Works to complete the necessary applica- tions . Just seconded . Motion carried . Kitto asked if this related to the joint ' agreement with Renton to improve thr- inter- section at East. Valley Highway and South 180th. Mayor Hogan noted a memo from the Public Works Director explained that Kent ' s . allocation of FAM funds is approximately $1701000, and approximately $45 , 750 of this would be used for the East Valley Highway/South 180th intersection improvement. STREETS Renton Kent Joint Agreement. MCCAUGHAN MOVED that the Mayor be authorized to confirm by letter the City' s intent to participate ( 25% of the project by equally with Renton each City) in the cost of improving the inter- section at East Valley Highway and South 180th. It was noted that King County will participate in 50% of the. pr6,ject. Just seconded . Motion carried . „ West Valle Hi hwa and South 188th Street. re It was noted that a quest has been received from the Highway Department to allow arohibit island instead of curbing to p painted left turns on the West Valley Highway .-at S has 188th. He noted that the Traffic Engineer � recommended approval . Storm ent noted that with the painted island, left turns would be physi- cally possible, but would be illegal . ,I McCAUGHA N MOVED to approve the request . Johnson seconded . Motion carried . TIME CHANGE McCaughan reported that Public Works committee FOR WORKSHOP meetings held at 7 p.m. immediately prior li to AND COMMITTEE workshop sessions have been quite lengthy, MEETINGS thus delaying the start of the workshop meet- ings at 7 : 30 p.m. The committee has agreed to meet after the workshop sessions in the future . Kitto stated that the workshop sessions would start at 7 :00 p.m. here- after . -- CITY City Attorney Don Mirk was congratulated on ATTORNEYS' having been elected Second Vice-President AS SOCIATION of the Washington State Association of Municipal Attorneys . It was ,noted that within two years he will be President of the Association. FINANCE JUST MOVED to pay bills received through July 17, 1974 after approval by the Finance Committee at its meeting to be held at 8: 00 a.m. , July 24, 1974. Storment seconded, motion carried . I BIDS The Director of Public Works has prepared bid tabulations, for bids received for five projects, received during the week of July 8. It was noted that all bids were over the estimates and his recommendations are as follows : 1) Borden S tion south of James Streetbetween e2ndsandc 3rd Avenue. Two bids were received' on this project the lowand Ulett recommended acceptance bid of Frank Coluccio Construction Co. in the amount of $30,645 .46, including tax. Ulett explained that the Engineer ' s esti- mate was $16,870 .64, and that the reason for the difference is largely due to the pro 'ect and the increase of the , complexity P 'in construction costs . I I - 49 BIDS 2 ) LID 276 - 116th Avenue S .E . Sanitary Sewer (SE 256th to SE 258th Street) . Ulett reported that two bids were received on this project and has recommended accept- ance of the low bid of O'Leary Construction, Inc. in the amount of $44,045 .940 including tax. The Engineer ' s estimate was $30, 244.79 . The increase in .cost of the project is attributed to inflation in construction costs . Mr. Gilbert, a property owner within the LID, Ispoke from the audience, noting the sewer line was needed and he was in favor of the project, even at the increased cost. 3 ) 100th Avenue Southeast Sanitary Sewer Interceptor (SE 224th to SE 237th Street) . Four bids were received on this project and the Director of Public Works recommends acceptance of the low bid of Lundberg Construction Co. . Inc . in the amount of $225 , 713 .08, including tax, subject to EPA approval . He noted that the Engineer ' s estimate of $189,562 . 38 did not reflect the full extent of the construction cost inflation, and further pointed out that the project is to be funded in part by EPA and DOE grants, and that the authorized grant is sufficient to include the higher construction cost . 4) Garrison Creek Interceptor Sewer - Phase I . The Director of Public Works advised that five bids were received on this project and recommended acceptance of the low bid of L. R. Stanley Construction Co. , Inc. in the amount of $159,145 .16, including tax and subject to approval of EPA. " It was noted that the Engineer ' s estimate was $150,415 . 79 and that the low bid is 6% over the estimate . 5 ) Linda Heights Pump Station Modification. Two bids were received on this project, and Ulett has recommended acceptance of the low bid of E . N. Cascade Constructors in the amount of $651000 .001 including tax, subject to EPA approval and their assurance of a grant increase . The Engineer ' s estimate on this project was $45,000 .00 and the increase was attributable to major equipment cost increases. Upon Storment ' s question, Ulett stated that he had not recommended rejection of the bids because he feared that ,new bids would be even higher. Kitto commented on the excellent format used by Ulett to present the bids to the Council . McCAUGHAN MOVED to accept the best bids for each project based upon the recommendations of the Public Works Director, Kitto seconded, motion carried . I KENT HIGHLANDS A letter was read from tMrs . .S . Gethate, SPECIAL USE 815 Tacoma Street, erequesting. the Council deny the application of Kent COMBINING permit. DISTRICT Highlands for the gravel mining p MASTERS MOVED that the letter be accepted and made a part of the' record, Johnson seconded, motion carried .` A letter was read from Lois Wlandj Ma k# and Robert L. Dreblow, ood oodl of the Kent, in opposition to the g n g. permit to Kent Highlands for the proposed gravel mining operation. MASTERS MOVED that the letter be accepted and made a part of the record', Baffaro seconded, motion carried . �I A letter was read from William J. Nesbitt Z5847 - 34th Avenue South, Kent, regarding the proposed gravel mining operation, and thanking the Council for their action on the matter of protection of individual property rights, and noting that a letter had been sent to the j Kent N a ewsJournal ou n l his views . the expressing letter be accepted and made a part of the record, Masters seconded, motion carried . It was noted that forty more signatures had been received in the City Clerk ' s office on July 12 to be added to the petition ition against the Kent Highlands special use permit McCAUGHAN MOVED to accept the additional signatures and for them to be made a part of the record, Just seconded , motion carried . The City Attorney read Ordinance No. 1876 in its entirety, approving application CD-SU-74-1, an application of Kent Highlands, Inc. , for a Special Use Combining District for purposes of mineral extraction in an area zoned R-A, Residential-Agricultural District, and imposing conditions upon said approval and upon the extraction operations . p The I! O MOVED to deny Ord . No . 1876 . BAFFAR motion failed for lack of a second . JUST MOVED to adopt Ord . No. 1876, McCaughan seconded . Baff aro noted that he wished to go on record as against this mining operation, pointing out that the citizens were against the project and that Kent Highlands has not lived up to its commit- ments in the past in similar type operations. Motion carried, with Baff aro voting nay. Mayor Hogan stated that it was her intention to veto the ordinance, noting that the ordinance would then be brought back to the August 5 Council meeting, with the veto message . it 51 ANNEXATIONS Westview Area. The City Attorney introduced Resolution No. 768, providing for an election within the Westview area to consider annexa- tion of the area to the City of Kent. McCAUGHAN MOVED to adopt Resglution No. 768, Johnson seconded. Motion carried . Miles Drake Request - Highridge No. 2. A petition for annexation of Miles Drake''s proposed plat of Highridge No. 2 was pre- sented . A letter from Mr. Drake was read, agreeing to the conditions outlined by Ulett and Harris, but stating that his share in the cost of the 12" water line be determined in a fair manner by the Council . MASTERS MOVED that receipt of the letter and petition be recorded, Baffaro seconded, motion carried . BAFFARO MOVED that the petition be sent to the Annexation Committee for consideration and for a report to be made at the next Council meeting, McCaughan seconded . Motion carried . ZONING Sunset Manor. On May 29, 1974, the Planning Commission held , a hearing on the proposed zoning of the recently annexed Sunset. Manor area. It is their recommendation that the area be zoned R-1-9 .6 (Single Family Residen- tial) with 91600 square feet minimum lots. Harris described the area on the map as lying on both sides of 116th S .E . at S .E. 256th. McCaughan asked if the property on the west side of 116th abutted the Comstock Club and what the zoning was on that property. Harris noted that .it did not go quite to Comstock and was zoned MRM. He further noted that some citizens in the area objected to the Planning Staff 's proposal to have part of the property zoned multi-family and the Planning Commission had, therefore, recommended R-1-9 .6 . Harris commented that the residents could request a change of zoning in the future if they so desired, and that he supported the recommendation of the Planning Commission. The Mayor opened the public hearing. Mr. Gilbert, a property owner in the area, noted that congestion in the area is already heavy and objected to multi-family zoning. There were no further comments and STORMENT MOVED that the hearing be continued until August 19, 1974, in accordance with State law which requires two hearings on zoning of annexa- tions . Johnson seconded, motion carried . REZONE Charles Adams Request. The Planning Commis- sion has held a public hearing on the request of Charles Adams for a ,rezone of property at 100th Place S.E . and Kent-Kangley Road from MR-M to 110" (Office) Zoning, and has recommended that the rezone be approved . Planning Director Harris described the area on the map, as a ti 30,000 square foot piece of property, noting that the rezone would provide a good buff:or. zone between the residential and commercial zoning. He noted that a Right-of-Way been acquired for 101st Avenue througha REZONE short plat . The Mayor opened the public hearing. There were no comments from the audience . JUST MOVED that the hearing be closed, Baffaro seconded . Motion carried . JUST MOVED that the attorney be{therrezone,o prepare an ordinance approving 5t orme n t seconded, motion carried . !i Graystone SUBDIVISION Short Plat Appeal - SP-74-8 (formerly CODE property. ) A letter was read from William B. Judah, Robert J. Bracken, George P . Meyer and at Dean L. Scott in connection with the Shor No. SP-74-8 requesting a hearing Application , before appealing the decision of before the Council app g the Short Subdivision Committee . MASTERS MOVED to accept the letter and to refer it to the workshop, Storment seconded, motion carried . KENT VALLEY Final_ Plat. It was noted that the final plat INDUSTRIAL of KVIP has been presented and meets the PARK requirements of the Planning and Engineering Departments . KITTO MOVED that the Mayor and other necessary parties be authorized o sign the said plat, Johnson seconded , motion carried . Street Vacation. The City Attorney noted that a public hearing was held to vacate a portion of 5th Avenue North, and that the ordinance has been withheld pending the fulfillment of certain requirements . Mirk rioted further that it would be in order to pass the ordinance now and introduced Ordinance No. 1877, provid- ing for the vacation of a portion of 5th Avenue North. KITTO MOVED for the adoption of Ord . 1877, McCaughan seconded, motion carried . Request- for Plat Vacation - Kent Estates . VACATION OR PLAT A letter was read from Kenneth Burrows, Attorney, upon behalf of Pacific National Bank of Washington, owner of the land des- cribed as Kent Estates, requesting that a hearing date be set on their petition to vacate the said plat. MASTERS MOVED that receipt of the letter be noted and it be referred to the City Attorney and Planning Commission for consideration., Just seconded, motion carried . CENTRAL BUSINESS Saturday Fair. It was no that the DISTRICT Finance Committee had met with representa- tives of the CBD Committee concerning the proposal that the City 'help to finance the Saturday Fair, allow the use of Meeker Street from First to Fourth, furnish clean-up service on Saturday night following the Fair, and to permit use of the City Hall lavatory facilities . In accordance with the recommendations of the Finance Committee, JUST MOVED that 53 the City contract the sum of $500 through . the Chamber of Commerce, allow the use of CENTRAL Meeker Street from Fourth to First, and BUSINESS to reserve judgment on the clean-up of DISTRICT Meeker Street until after assessing clean- up costs for Meeker Days and deny use' of the City Hall lavatories, as impractical . Just suggested that the CBD Committee use some of the $500 to rent Sanikans. McCaughan seconded . Motion carried . On Jim Curran ' s question, Mayor Hogan determined that the Arts Commission had recommended that $500 from the Civic Improvement Fund be loaned to the CBD Committee for the funding of the Saturday Street Fair. Just clarified that this was the intent of the Finance Committee and that a loan of $500 from the Civic Improve- ment Fund be made to help finance the Street F4ir. JUST SO MOVED, Kitto seconded . Motion carried . MEEKER DAYS McCaughan noted that he wished to recognize the annual Meeker Day Celebration to be held this week from July 18 - 20, and suggested that everyone obtain a copy of the White River Journal Issue #1, presently on sale, showing some of the past history of Kent. Mayor Hogan noted that a proclamation would be issued in observance of Meeker Days. FINANCE Segregations - LID No. 253 and ULID #1 . It was noted that the Jack A. Benaroya Company has requested segregation of certain assess- ments in the Benaroya Industrial Park.. McCAUGHAN MOVED that the Director of Public Works and the Treasurer be directed to pre- pare the requested segregations, Assessment 1-A of LID No. 253 for Street Improvements, and Assessment 274A of ULID #1 for Sanitary Sewers, upon receipt of the proper informa- tion and fees. Masters seconded. Motion carried . Benaroya Segregation Request - LID 261 and LID 264. It was noted that the request from Jack Benaroya for segregation was considered by the Finance Committee, and it is their recommendation that the request for segregations be approved . BAFFARO MOVED that the request of Jack Benaroya be processed by the Engineer and the Treasurer in accordance with standard procedure, Just seconded . Upon Storment 's question, Mirk advised that the legal description would be reviewed by the City ' s Property Management Department. Motion carried . Claims approved by the Finance Committee at their meeting of July 10, 1974 are as follows: I 4 Current Expense $ 141839 .95 FINANCE 2,498 .58 ' Parks & Recreation 12-,654:22 City Streets 65 210 .00 Park Forward Thrust ' 20 .00 Federal Shared Revenue 625 . 33 City Hall Construction 4 683 .33 EVH - Willis to Gr Rvr 0453 . 5 Gowe Street - West ` 3 11601 .41 6 1 .41 Gowe Street - East $ 2 � 39 -8 8 Equipment Rental 217 .08 Firemans Rel & ,Pension 2 584.45 Leff Disability 2#533 . 30 45 Sewer Water 6,676 .71 Garbage 25 337 .54 $1730792 .00 MEETING 9 : 30 .m. � NG ADJOUNRED' P Respectfully submitted, Marie Jensen �I City Clerk I I I ii I I I I I - -