Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/19/1974 � f k Kent, Washington August 19, 1974 Regular meeting of the Kent City Council was calked to order at Johnson Present: Mayor Hogan, Councilpersons : 'Baffaro , 8: 00 p.Regular Kitto, Masters, McCaughan and Storment, City Administrator Street, Public Works Director Ulett, Planning Director Harris, Finance Director Winkle . Just and City Attorney Pla nnin Commissioner Long, Mirk were absent. A pr esent:r went: g Hill, Ingman & Chase representative Ramsey. MINUTES MASTERS MOVED to approve the minutes of August 5 1974 as printed , Storment seconded, motion + carried . RETIREMENT Mayor Hogan announced the retirement of Otis Putnam from Puget Sound Power & Light Company, noting his many years of close association with the City. PRESENTATION Storment presented Mayor Hogan with a gavel attached to a set of handcuffs, to replace the II gavel which has been missing for some time. HEALTH & Drainage . A letter was read from Roy W. Hunter SANITr,TION Realty regarding a pr oblem roblem of drainage of run- off and spring water located in the 600 block on South Central, and requesting the City to install a catch basin on this drainage system j to prevent clogging of the new drainage tile. MASTERS MOVED that the letter be accepted and referred to the Public Works Motion carried .Department, g McCau han seconded . o Request for Water Service Outside City-. A letter was read from Ben Holing of the Graham Land Company noting that on August 21, 1973 , he had been granted a short subdivision by King County, and requesting an exception under Kent ' s Resolution No. 769 , which governs the furnishing of water service outside the corporate limits of the City of Kent . MASTERS MOVED that the letter be accepted and referred to the Public Works Director, Baffaro seconded . Motion carried . Garrison Creek Interceptor - Silvestri . Ulett reported that he had received additional infor- mation from, Joseph Silvestri, and would report at the next Council. meeting. Sewer Facilities Plan . The Public Works Committee has recommended that the Director of Public Works apply to E .P .A. and the State for funds to finance a Sanitary Sewer Facilities Plan. The funding ould be 90% Federal and State and 10% City of I II sh Kent . McCAUGHAN MOVED that the Director of Public Works proceed to prepare an application for funding a Sanitary Sewer Facilities Plan , MasterK seconded . Motion carried . �I I I - V� ZONING Sunset Manor Annexation . It was noted that the initial hearing on the zoning of the Sunset Manor annexation area was held on -July 150 1974 and that the Planning Commission has recommended the entire area be zoned R-1-9 . 6 . (Single Family Residential ) . Planning Director Harris pointed out the area on the map as lying on both sides of 116th at 256th. He further noted, .that R-1-9 .6 zoning calls for 9600 square yfoot lots and stated that all of the residences in the area are on lots of this size . The Mayor opened the continued public hearing. There were no further comments from the audience and no correspondence and KITTO MOVED that the hearing be closed, McCaughan seconded . Motion carried . KITTO MOVED that the City Attorney be directed to prepare an ordinance amending the Zoning Code to zone the Sunset Manor area as R-1-9 .6 . Storment seconded . Motion carried . STREETS It was noted that the Finance Committee has reviewed Ulett ' s recommendation concerning repair and improvement of the Northwest radius and sidewalk of Meeker and Central . STORMENT MOVED that the project be done utilizing city labor as much as possible, and that a report be made back to the Council of the cost of those items which must be done by contract. Johnson seconded . Motion carried . East Gowe Street Project. In accordance with the request of the Director of Public Works, McCAUGHAN MOVED that the following change order be approved for City Transfer on the East Gowe Street project : 1 ) Furnish and install 141 feet of 18" storm drain at a cost of $31525 .00 ; 2 ) Furnish and install 265 feet of 4" French drain at a cost of $11192 .50; 3 ) Repack 141 feet of 16" water main at a cost of $599 . 25 . Masters seconded . Motion carried . TRAFFIC No Parking- The City Clerk introduced Ord . 1879, prohibiting parking on South Central from Willis Street to the Green River, subject to approval of the State Highway Commission. MASTERS MOVED to adopt Ord . No. 18791 Baffaro seconded, motion carried . Enlarged UPPER MILL Drake-Ripley Annexation . It was noted that at CREEK the last work session, the Director of Public ANNEXATION Works had reported that a notice of intent ( 10% annexation petition) for property West of 104th Avenue S .E . from S .E. 267th Street north has been received and certified as sufficient . It is the recommendation of the Public Works Director that the petition be accepted, that a meeting be held with the initiators, and that the completion of the 75% petition for annexation A , It was determined that the UPPER MILL be authorized . petition were present and CREEK initiators of the is the ANNEXATION KITTO MOVED to for the meeting acknowledgWlthatheh.initiating date set City would parties to determine whether the Masters accept the proposed annexation , seconded . Motion carried . KITTO MOVED that: 1) The City will accep t the proposed annexation ist- providing that the assumptioa ing City 1rtfof g hthete x75% ndebtedness be a p n petition; and 2) that the Plann Commission for the begin hearings on the proposed the guidelines: Of the area in accordance wiStorment seconded . Miles Comprehensive Plan, Drake asked :if this action included ll three options as previously set forth, Street Board that the Boundary e explainedis b os a had advised that the three prop submitted together for their lens expected l � He noted further that the Rip Y to know within two weeks whether to signatures tures the necessary g secure Upon Baff aro s petition for the enlarged area. p hap enough if ensigna- tures Street noted that g ed area were not obtained for the enlarged be , the smaller Drake/Ripley annexation submitted to the Boundary Review Board . Upon a question from the audience, it was note the area who did not wish that residents of t o ann ex to the City could express their i dissent by not signing the 75/o petition when with it . Motion carried . presented It is also recommended that consideration be given to negotiating with Miles Drake for an immediate extension of the 12" water' line. and sanitary sewer for approximately 600 feet along 96th Place, which is necessary for Mr. Drake ' s development . The Council was advised that such an extension is subject to Ord , No. 1776 which states that the developer is liable for installing the water line in accordance he Water Compr ehensive Plan. It was with t M further noted that if . Drake desires to r go ahead with the proposed extension before annexation, the Council must follow the terms of Ord . 1776 . If he waits until is tion completed, the annexa- leted, the Council will be in a position to negotiate a different extension policy. McCAUGHAN MOVED that a contract be negotiated with Mr. Drake to allow the approximate 600 ' of 12" water main aneconded . ar sewe r Johnson s appropriate sanitary s mined Upon K.itto ' s question, Street deter that Mr . Drake was aware of the cWorkstCommitte of Ord . 1776 and that the Public would be considering the matter at the regular II Committee mecLig n next week, and a report would be given at the September 3 council meeting . I I I I V Kent Estates Plat . Upon the recommendation K PLAT Planning Committee , MASTERS VACATION of the Parks and Resolution No . 771 setting MOVED to adopt R • September 16, 197 f 4 as the date or completion of the hearing for the vacation °f the Kent Motion Estates Plat, Baffaro seconded . carried . was noted that the Planning Commission has It NORPAC reliminary plat. It PRELIMINARY approved the "Norpac". p PLAT is necessary to seta date of public meeting at which the Council will accept the recommenda- tions of the Planning Commission, or set a date for a public hearing to consider changes - , STORMENT MOVED that the preliminary p lat of "Norpac" be reviewed at a public meeting on September 3, 1974, Johnson seconded . Jim Gordon, property manager of Burlington Northern, stated that .it was important that the prelimi- nary plat be reviewed as soon as possible in order to expedite work on other projects . Street noted that the soonest possible date the matter could be heard was on September 30 the date of the next Council meeting. Motion carried . PARKS & Benaroya Park , The Finance Committee has RECREATION reviewed the proposed Benaroya Park project and has recommended that the Parks & Recreation Department prepare the applications for matching funds and have authorized the required expendi- ture for upgrading the appraisal in the amount of $750 . MASTERS MOVED that the Parks & Recreation Department prepare the application for the acquisi- tion of the Benaroya Park site amounting to 35+ } acres and that a new appraisal be submitted. Baffaro seconded . Motion carried . BIDS 101st S E (Rind Road ) Improvementso Bids were received and, opened on August /6, 1974 on the Ring Road Street improvement project as follows: R.W. Scott Construction Company $13 492 .00 City Transfer KITTO MOVED to accept the best bid of R,W. Scott Construction Company in the amount of $13,492 .000 Storment seconded, motion carried . Liquid Asphalt , It was noted that bids were opened on August 19, 1974 for the furnishing of liquid asphalt. One bid was received, from City Transfer at $16 .00 per barrel plus tax. Upon Street ° s recommendation, STORMENT MOVED to accept the bid of City Transfer, Masters seconded . Motion carried . . FINANCE STORMENT MOVED to pay the bills received on or before August 21, 1974 after approval by the Finance Committee at its meeting to be held at 8 a.m. , August 28 McCaughan seconded, motion carried FINANCE Saturday Market. STORMENT MOVED to approve a loan of $500 .00 to the Saturday Market from the Civic Improvement Fund at 3% interest upon ' receipt of a signed note from the Saturday Market Committee . Kitto seconded . It was noted that the Finance Committee has made this recommendation and that the matter had been checked . Motion carried . It was noted that on August 14 the Finance I' Committee discussed the proposed reserve for matching State or Federal grants, and has recommended that a reserve fund be created 100 000 of unbudgeted funds . utilizing $ was determined that this money wil l be avail- able for matching the requests of any City Department, and is not to be restricted to 4 any one activity. McCAUGHAN MOVED that the City Attorney be directed to prepare an ordinance creating a reserve fund in the amount of $1004,000 for the purpose of matching Federal or State grants as submitted by any Department in the City, Johnson seconded . Motion carried . Sectregation - LID 253 , A letter was read from Elazar Behar of Investors Preferred Realty, requesting the segregation of certain property in LID 253 and enclosing a sketch of the prop- erty proposes to be segregated . MASTERS MOVED that the material be accepted and referred to han seconded, the Finance Committee, McCaughan Motion carried It was noted that an ordinance has been prepared GAMBLING _ to set the tax rate on a.ambling and..ta. r.estr�.ct types of gambling within- the City..- It is the I ' intent of the proposed ordinance-that the City negotiate with King County to collect and -audit the tax to be received from such gambling activities as are- allowed, and that the policing of such operations would be handled by the Kent Police Department . MASTERS .MOVED that the conduct or operation of bingo, raffles, amusement games, punchboards and pulltabs be allowed . Baffaro seconded . Detectives Bill Mitchell and Don Lundeen from the King County Police Department were in attendance at the request of Masters . Bill Mitchell noted that he was part of a new unit set up for the specific purpose of policing the gambling activities in King County, He pointed that" information has been received from out police officials in California and Nevada regard- ing the problems of policing cardroom operations and that the major policing of such operations would have to be done by the tavern owner, or bartender, since obviously a police officer could not be constantly in attendance . Addi- tional problems had been encountered in cities where cardrooms were located near penal institu- tions and where cardroom operations were conducted in places which allowed alcohol to be served . He further stated that some problems have already arisen with punchboard and pulltab operations . I I V7 GAMBLING Upon Masters ' question, Mitchell stated that the State law provided . that. in private clubs, the cardroom operation was limited - to members, and allowed only a certain number to be guests of members. He also noted that private clubs could be formed just for the purpose of playing cards . Mitchell stated that in California, cardrooms are strictly that, and no alcoholic beverages are served; however, under the commercial cardroom category in Washington, the serving of alcoholic beverages would be permitted, and the cardrooms would be classified as a trade stimulant. He further noted that under the rules of the Washington State Gambling Commission no one is to be allowed to play cards who is intoxicated, and he therefore questioned the phrase "trade stimulant" as it relates to the sale of beer and wine in a tavern . Kitto questioned whether similar problems were expected if there is a limit on the number of hours a person could play, the amount of the bets and the amount charged each player to participate . Mitchell stated that the hourly charge for playing and the limit on the betting would have to be policed by the operator. He also noted that the problems in the City of Kent would be different from those in a larger city or in King County. Storment asked Mitchell if he knew of any social club in King County that he would not be able to get into to police a cardroom operation, and Mitchell replied that he did not . McCaughan asked if problems had been encountered with pulltab machines . Mitchell noted that some- times a number was not removed from the list of winning numbers after it had been paid, so it appeared that the number could still be drawn. He noted also that the pulltab machines were, for the most part, old converted postage machines which sometimes did not function properly, and were not adequate for pulltab purposes . Mitchell ascertained for Baffaro that names and addresses of winners of over $5 .00 were required to be posted . The Clerk repeated Masters ' motion, and STORMENT MOVED to amend the motion to also permit commercial and social cardrooms, McCaughan seconded . Upon Kitto 's question it was determined by Storment that his intent was to permit the operation of social cardroom and commercial cardroom opera- tions. There was some discussion as to the difference between social and commercial card- rooms and upon Kitto ' s question, Street noted that the State has not really gotten around to defining or explaining about cardrooms, nor have they made a recommendation as to what the cardroom tax should be and this is the reason why some of the cities have not as yet allowed cardrooms . Detective Lundeen explained that the license is issued for gambling, not for �o GAMBLING playing cards, and the so�'1 car_ dujd `could cover a private club where fees would not be charged for playing cards . A "trade stimulant" would cover a tavern, taxi stand, etc. , and cardr would be termed a commercial Mast ere Masters fees are charged to each player, pointed out that club members pay dues, so she questioned the social classification. uld increase Lundeen stated that clubs co the the existing dues, after g n g la in nor can club members .be assessed for p Y g cards . Storment ' s proposed amendment to allow both commer cial cardrooms was restated . social and proposed McCaughan stated that his second to the pro amendment was for social carrooincludems only commerciadl that he was unwilling to there was more clarification. cardro oms untilNSON His second was, therefore, withdrawn . JOH SECONDED Storment ' s proposed amendment. Storment commented that the voters had indicated that they wanted to have gambling, and he felt that to allow social gambling without allowing commercial gambling would be allowing a double standard . He noted further that he wished to have the right to play cards in .a commercial cardroom or to gamble with punchboards or pull- tabs if he so desired . He pointed out that the I, references to the problems experienced in Cali.- II fornia cities was irrelevant, that we will police our own activities, and that if policing becomes a problem, he would introduce an ordinance to 'prohi.bit the gambling in question . Johnson agreed and opined further that allowing cardrooms was no different than allowing bingo, that both were gambling. She noted further that she would support prohibiting any gambling if it proved to be a problem. Kitto stated that even if cardrooms were not allowed in Kent, the people could patronize cardrooms in Renton or Auburnp and that his concern was chiefly in the policing operation . Upon Baff aro ' s question, Street explained that the gambling license is issued by the State, I and Kent could prohibit certain types gamb- ling of amb- li"ng within the City, but that the City could not rescind the gambling license . It was further explained that the City ordinance regulating which types of gambling would be permitted within the City could be amended or repealed at any time . Detective Lundeen noted that the State Gambling Commission would hearings on complaints laints against individual I a g businesses and would make rulings regarding individual licenses . Masters stated that in 1958 when cardrooms were allowed in Kent there were violent crimes outside of the cardrooms over card games and winnings . Storment pointed out that there would be rules governing the cardrooms now, and if they were not adhered to, the City could again that prohibit gambling . Masters pointed out it is up to the City to set the laws, that the Gambling Commission only allows the license. I 71 GAMBLING A gentleman from the Washington State Tavern , Association stated that policing of cardrooms would not be a problem inasmuch as the owners or operators wall be policing themselves when they collect the fee every half hour, and noted further that the City police could enter the premises at any time . He pointed out that no one wanted to play cards with an intoxicated person, so .it was only good businer3s for the owner to adhere to this rule . A roll call vote was taken on Storment ' s motion to amend . Johnson, Kitto and Storment voted aye, and Baffaro, Masters and McCaughan voted nay. Mayor Hogan voted nay, thus breaking the tie, and defeating the motion to amend. The Mayor announced that she intended to veto the ordinance if it was passed, and to bring back a veto message either on September 3 or Septem- ber 16 . McCAUGHAN MOVED to amend the original motion to allow social card games in non-profit organizations, Baffaro seconded . Johnson opined that it would be discriminatory to make it necessary to belong to a club .in order to play cards . Kitto stated that it might be more difficult to police clubs than to police a public card room, and Storment opined that this amendment would establish a double standard . Upon a roll call voted the proposed amendment failed, with Baffaro and McCaughan voting in favor and Johnson, Kitto, Masters and Storment voting against . Masters ' original motion was read by the Clerk: - "that the following conduct or operation of bingo, raffles, amusement games, punchboards and pulltabs be allowed . " Masters expressed admiration for the Mayor ' s stand against the gambling ordinance and noted that although she was against punchboards and pulltabs herself, she had included them in her motion as a compromise. Upon a roll call vote, the motion carried, over Storment ' s nay. McCAUGHAN MOVED that the tax rates be those set by State law, as follows: Bingo, raffles and amusement games - 10%, less the amount paid for or as prizes ; Punchboards - 5/ on gross Pulltabs - 5/ on gross Masters seconded, motion carried over Storment ' s nay. Street .introduced Ordinance No. 1880, levying taxes on gambling as described above, and further prohibiting social card games in non- profit organizations and prohibiting cardrooms . as a commercial stimulant . MASTERS MOVED to approve Ord . No. 1880, Johnson seconded, . motion carried, with Storment voting nay. I T 2 FINANCE Claims approved by the Finance Committee at their meeting of August 14, 1974 .are as follows: Current Expense $ 220162 .89 Parks & Recreation 4188.11 Y Cit Stree ts 20: 156 .51 Alcoholics Rehabilitat;.on 882 .62 Federal Shared Revenue 15 , 714.62 City Hall Construction 30103 , 72 _ 212th Phase 3 Construction 3 . 23 E . Valley Construction 205 .15 EVH - Willis to Gr Rvr 39776.46 Gowe Street - East 28,581 .98 Linda Hts Sewer Imprvmnts 374.15 Equipment Rental 240390 .11 LEOFF Disability 10242 , 22 Sew 26 471 . 60 i Sewer ter �Water 0 4 242 . 13 Garbage 23 , 347 . 70 $179, 298 . 28 Interest Bearing Warrants LID 275 $ 10799 . 20 Meeting Adjourned : 9 : 15 p.m. Respectfully submitted, Marie Je sen City Clerk j