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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/07/1974 90 Kent, Washington October 7, 1974 called to order Regular meeting of the Kent City Council was Baffaro at 8: 00 p.m. Present : Mayor Hogan, Councilpersons: , Johnson, Just, Masters, McCaughan and Storment, City Attorney Mirk, Planning Director Harris, City Administrator City Treasurer Public Works Director Ulett. Also present: Y Drotz, Planning Commissioner Long, Hill, Ingman & Chase repre- sentative Scott. Councilperson Kitt'0%aedo finance it ctendance. tor Winkle were absent. Approximately 25 people MINUTES BAFFARO MOVED that the minutes of the meeting held September 16, 1974 be approved following addition and . correction on page 5 : Jens Anderson Rezone . Addition: "Storment stated that ABC Rentals ' new establishment will be located across the street from the Reef Restaurant, noting that a house had been torn down to accomo- date the new building . Harris stated ed that he thought this site was thatoitlwasuthe in the proposed rezone property north. " , Correction: On page 51 the reference ttoNOrdino. ance No. 1833 should read Ordinance 83 . McCaughan seconded, motion carried . McCAUGHAN MOVED to approve, as printed, the minutes of the special meeting held Septem- j ber 23, 1974. Masters seconded . Motion carried . REZONE Jens Anderson. At the last work session R �., zone the Council discussed the Jens Ander son re from HC (Highway Commercial ) to "0" (Office) which was heard on September 16, 1974. Mirk review ed the action and City Attorney has suggested that the policy concerning rezones at the request of petitioners had not been complied with. He recommended that the public hearing be reopened, for all the facts to be presented, and further considera- tion given to the matter. It was noted that a request has been received for a veterinary clinic, which is properly in 11011 zone, and that a request for an equipment rental use has also been received, which is proper in the present Highway Commercial zone, but improper in an 110" zone. It has been deter- mined that the zone General Commercial , will allow both activities. JUST MOVED that the public hearing on th6 Jens Anderson rezone be reopened, Storment seconded. Motion carried . The Mayor re-opened the public hearing. Planning Director Harris noted that the 1 . Rlanning Commission 's recommendation for 110" zoning had been approved by the Council on September 16 at the public hearing. He pointed out that the Wilhelms had taken out a permit for grading and fill for the ABC Rentals site and were not aware that the property was being zoned 110, " which was not a proper zone for the business. Harris i I J1 October 7, 1974 li explained further that the original zoning REZONE of HC was proper for this type of business. Upon Baff aro ' s question, Harris stated that the general consensus of opinion was to have the property zoned General Commercial which would allow both Office and Highway Commercial uses without causing any undue amount of problems in that area, as, there were a number of dif.i;erent types of business going in that area. . ' Glen Wilhelm spoke from the audience, noting that he was the son of the property owner involved in the proposed rezone and that they did not object to the property being zoned GC . He stated that he did object to the fact that they were not notified of the proposed rezone heard before the Council on September 16. He noted further that a notice of that hearing was mailed to Auburn because the County had given an improper address to -the City. He stated that the City Utilities Department was aware of his correct address, and further suggested that such notices should be sent with a return receipt requested so as to be sure the notice had actually been received by the property owner. Street noted that the City had abhered to State Statutes which require that the City use the address furnished to them by the County. Wilhelm stated that he had .been working on the property for the last two months and had seen no notice posted about the rezone hearing. Harris stated that there was proof positive that the. notices had been posted as required by 1a,W in three places, -- although not upon the Wilhelm property itself . There were no further comments and no corres- pondence on the matter. BAFFARO MOVED that the hearing be closed, McCaughan seconded . Motion carried . The' City Attorney introduced Ordinance No. 1885 approving a rezone of certain property originally zoned as H-C (Highway Commercial) zone to G-C (General Commercial) zone . MCCAUGHAN MOVED for the adoption of Ord . No . 1885 , Masters seconded . Motion carried . VETERANS DAY A letter was read from the Mayor of Auburn, OBSERVANCE inviting the Mayor and Council members to attend the City of Auburn ' s annualNoobservvember- ance of Veterans Day on Saturday, It was noted that there would be a parade commencing at 11 : 00" a.m. followed by a no-host luncheon at the Auburn Elks Club at which the President of the United States had been invited to speak . It was noted that the City of Auburn was one of five sites in the Nation to receive MASTER5dMOVEDatoon as acceptn observance site . the letter, Johnson seconded . Motion carried . METRO PARK & A letter was read from the Kent Chamber of RIDE LOTS Commerce regarding the placement of Metro. .Park & Ride lots and recommending that the Council select the property south of James, bordered by Lincoln on the west and the Milwaukee Road on the east, adjacent to the Valley Freeway, for the following rea- sons: J `� r October 7, 1974 METRO PARK & 1) Maximum accessibility to the east RIDE LOTS and west areas of Kent via James . 2) Accessibility to Valley Freeway via several routes , north and south. 3 ) Most economical- 'site to purchase - no improvements do the property. 4) Site lies adjacent to presently defined CBD area and is centrally located . The letter further'. indicated that an alter- nate or second choice is the property at 4th & James and further recommended that the City ask Metro to build two lots rather than one and proposed that Site #2 should be near either the Willis Street inter- erchange . change or the Central Avenue int MASTERS MOVED to accept the letter and for it to be made a part of the record . Just seconded . Motion carried . It was noted that a °'discussion of possible locations for Metro Park and Ride lots was held at the last work session.. In reviewing this discussion, the Administra- tion contacted Metro for further guide- lines and the following determinations were made: the City may submit more than three locations; multiple 'use may be a factor considered; if an; East Hill loca- tion is suggested, a specific site should be included; and that thq'`: locations now being considered are not 'those to be fin- anced by State Highway funds . It was fur- ther noted that Park & Ride lots to be financed by highway funds do need to have quick and easy access to primary State Highways . BAFFARO MOVED that the recommended Park & Ride lots as shown on the Site Map and as recommended by the Chamber of Commerce should be placed in order of priority as follows: 1) Property south of James, , bordered by ___ Lincoln on the west and the Milwaukee Road on the east, adjacent to the Valley �• freeway. i 2) Property at 4th and James . 3 ) Memorial Park•. I I McCaughan seconded . Upon City Attorney Mirk 's suggestion that the rules of order be waived , in this particular case, in order to allow a motion for discussing the matter to be made, Baffaro and McCaughan withdrew the motion and second . JOHNSON MOVED to ,discuss the proposed Park and Ride site locations, Storment seconded. ,McCaughan spoke in favor of the James• Street site as in the periphery of the CDD, noting further that there is nothing on the property 93 October 7, 1974 and placing the facility here would not cause METRO PARK & traffic congestion in the downtown area' RIDE LOTS Masters suggested a site ,on W -l-lis Street, located between the freeway and the West 'Valley-Highway--Just noted that he did, -not have the recommendation of the Traffic Engi- neer, which was then. read into the record by Ulett. The Traffic Engineer suggested con- sideration of an East Hill site on the north side of 256th Street at approximately 109th Avenue, in addition to another site in the Valley. Just questioned as to why a decision had to be made at this Council meeting and it was noted by Mayor Hogan that Metro has an October 7 deadline to meet so they can pre- pare the necessary Environmental Impact Statements for the proposed sites . Just noted that Metro has a study going on as to the best site selections but is asking the Council to make a decision before their study is available . Mayor Hogan noted that the original plan of- the Metro system made it necessary to develop routes, and that they were now determining the origin and destination of the people using the routes . In the meantime, however, Metro has had to develop the Park & Ride lots based onhat the experience thus f ar . Just suggested Mayor, ar, a mK:mber of Metro ' s Committee, should request that the studies should be made available to the City before the City is expected to make a decision. Storment stated that his choice was on Smith Street just north of the existing Park and Ride lot, noting that the route has been established using that parking lot. He further noted that we are facing a realignment of Smith Street and if Metro acquired the property for the lot the City could possibly obtain the easements necessary for the realignment and do away with the hazardous Smith Street railroad crossing. McCaughan questioned as to how soon the study underway might be coming from Metro. Mayor Hogan noted that the study had just gotten un&eRide, landots are pointed out that Metrq financed 20% by State funds 'and 80% by UMTA. She noted further that in light of the con- ditiOn of the available State highway funds, if tho State could not furnish the 20%, the citien would have the opportunity to finance the 20% portion for the Park and Ride lots . The Mayor further indicated that she was hopeful that the Memorial Park site would remain} on the list to be considered, as this would provide the needed additional parking at that location at a cost to the City of only 20% of the project. Also, if budget restrictions delay lighting at the Russell Road park, all of the sports activities held in the evening would be of necessity held at Memorial Park which would be lighted . Mayor Hogan noted that there i i 44 October 71 1974 METRO PARK & was no reason why a site on the East Hill RIDE LOTS could not be funded by 20% State Highway funds and 80% UMTA funds, explaining that it is only those Metro Park & Ride lots that are funded by Eeder 1 Highway moles that must be placed near a freeway. was suggested that this should be kept in mind so the location of the sites would be an advantage to the community, parti- cularly if the City was to consider fin- ancing the 20% portion. John Fournier, Jr . President of the Chamber of �,Commerce, spoke from the audience, noting Hi hwa Department budget - r. Y p 6 g .that the v showed the dollar amounts for lots .in the Kent area. He opined that a way will be found to get the necessary 1 .4 million Department budget d dollars for the Highway De p to complete the Department ' s agreement with Metro. He pointed out that flyer stops will be built at South 212th and the Valley Freeway, S . 288th and I-5 , SR 516 and I-5 , and on South 200th. He noted that the Kent facility was scheduled as one lot at a cost tel $8 34 000 to serve 500 cars. approximately , of app Y He pointed out that the multiple use factor had to be considered for the Memorial Park location, and also that the value of the lot for the CBD and where it might best be placed was important. He noted that the Chamber of Commerce had taken the ':overall viewpoint before making the recommendations which were read tonight. He suggested that maybe the City should select three or four sites and then when the feasibility study and Environmental Impact Statements are filed more information will be available about each site$ and further suggested that the City seriously consider telling Metro that we think we should have two lots rather than one large lot. Just inquired as to what the Chamber ' s re- action was to an East Hill site . Hal Cline noted that the Chamber felt that this was a good idea if it was to be considered as a second lot. McCaughan inquired as to the location of a site that would park 500 cars, and it was noted that the reports referred only to a large lot. Street noted that any lot for over 100 cars had to be considered before the EPA and pointed out that a lot designed to park 500 cars would create traffic problems . Upon 8affaro ' s question, Harris guessed that the present Park & Ride lot behind Perrney's probably holds about 180 cars . It was pointed out that the motion to discuss .his subject had not been voted upon. Upon the vote, the motion carried . STORMENT MOVED that the following recommendation LI I J5 October 71 1974 METRO PARK & for the Park and Ride sites be placed in. RIDE LOTS this order of priority: 1) Smith Street (CBD Lot #1 ) and East Hill 2) Lincoln and James and East Hill 3 ) Memorial Park and East Hill Just seconded. Ba€faro stated that a poll should be taken to decide which site should be the first priority. Masters noted that under the circumstances, much information regarding traffic, economics, etc. was lack- ing and asked why -the City had to prioritize, and why could we not instead just list pro- posed sites for Metro ' s consideration. Then, after Metro ' s study has been completed, we might find that they might have an entirely different approach on the site . selection for Kent . McCaughan stated that he felt the Council should take a stand on the matter at this meeting. Storment clarified the motion, explaining that the reference to East Hill in each instance was for the second lot . Motion carried, with Johnson, Just and Storment voting aye, and McCaughan, Baff aro and Masters voting nay. Mayor .Hagan voted aye, noting that Metro has asked for three suggestions and will evaluate the proposed sites and report to us . Motion carried. ANNEXATION Westview Annexation. Ulett noted that King County would hold a hearing on October 21 at 9 : 30 a.m. regarding the proposed Westview Annexation and it was expected that an ordi- nance would be passed at that time calling for an election for annexation. He noted that a time period of 45 days must elapse before the election could be held and expected that the election would probably be on December 10 . Upon Storment ' s question, Ulett noted that the people living in the proposed annexation area would be notified of the date of the election for annexation by means of advertising. PUBLIC SAFETY Baff aro noted that after investigation it has been determined that there are sufficient rules and regulations of the City covering leaving children under the age of eight years unattended in parked automobiles and that a new ordinance would be unnecessary. CITY HALL- Change Order #1 . Street noted that a request COURTYARD had been received for approval of Change Order #1 for the City Hall - Courtyard project in the amount of $230 .00 for Miller Construction covering 80 lineal feet of perforated drain tile and approximately 54 feet of brick edge stripping. Street noted that the Architect recommended approval of the Change Order re- quested . JUST MOVED that Change MOOrder 1 in the amount of $230 be approved, seconded . Motion carried . 96 I SATURDAY .. It was noted that a request has been received MARKET to move the Saturday Market one block east on Meeker, as this block, between First and Second, has many more marquees to give pro- �I \ tection from rain . It was noted that the Police Department had objected to the traffic pattern wherein cars would cross the Burling- ton-Northern tracks and then have to turn on First. The problem was reviewed with Chief McQuery and it has ,been proposed to block Meeker Street east of the Burlington-Northern tracks to avoid the problem. It was further . noted that the Utilities and Fire Departments had no objections . It is the recommendation of the Administration that the Council give approval, for trying out this change of loca- tion. BAFFARO SO 'MOVED, McCaughan seconded. Storment noted that some of the business people requested that the Saturday Market use some of the area on First Avenue between Meeker and Titus, so that these businesses might share in the Saturday Market activities . .;Mayor Hogan noted that these business people eo le Y g, should introduce this matter at a CBD meeting. Motion carried . WATER It was noted that Harlan Bull has contracted with Torgerson Equipment to construct 60 feet of 10-inch waterline at approximately South 194th and the East Valley Highway and has submitted a Bill of Sale to the City. Upon the recommendation of the Engineering Department , MASTERS MOVED to accept the Bill of Sale from Harlan Bull, and for the cash bond of Torgerson Equipment to be released. McCaughan seconded . Motion carried . Bonneville Power Administration Easements. It has been determined that Bonneville Power needs two easements 'to cross City property which is utilized for water supply lines . The Engineering and Water Depart- ments recommend allowance of the easements. The City Attorney introduced Ordinance No. 1886 granting a Right of Way for twenty ( 20) years for the construction, operation and maintenance of electrical power transmission circuits over City property. McCAUGHAN MOVED that Ord . No. 1886 be adopted, Just seconded . Upon Storment 's question, Mirk noted that it was necessary for Bonneville Power to file an Environmental. Impact Statement on the project and that a copy could be obtained by the City upon request. li Motion carried . STREETS Ring Road - 101st Avenue S .E . It was noted that the R.W. Scott Company has completed their contract on the Ring Road near 101st Avenue S .E . Upon the recommendation of the Engineering Department, McCAUGHAN MOVED that the contract of R.W. Scott Construction Company be accepted as complete and that any retainage be released upon receipt of neces- sary documents. Masters seconded . Motion carried . 9 October 7, 1974 TRAFFIC 101st Avenue S E and Kent-Kangley (Ring Road . ) I It was noted that the Engineering Department has prepared an 'application for Title 23 (FAM) funds to install a traffic signal at the inter- section of 101st Avenue'-S.E. and Kent-Kangley (Ring Road ) , and in conjunction with the appli- cation it is necessary for the Council to adopt a resolution noting that the City will comply with Title 23 regulations, policies and procedures . It was determined that the project cost is $41,900 with the City paying $9 ,900 and the Federal government paying $32,000 . The City Attorney introduced Reso- lution No. 772 covering the City ' s acceptance of the conditions- of said application. JUST MOVED to adopt Resolution No. 772, Storment : seconded . Upon McCaughan ' s question as to. , the source of the City 's share of the money, Street noted that it is contained in this year ' s budget. Ulett noted that there was no problem in- getting Federal funds but that the biggest delay would probably be caused from getting the component parts for completion of the lighting project itself. Mayor Hogan complimented Ulett on the acquisi- tion of these funds, noting that Kent is the only City which submitted an actual project, instead of only plans for a project. Motion carried . KENT VALLEY Sunmark Inc - Property Exchange . Wilsey INDUSTRIAL & Ham, upon behalf of Sunmark, Inc. , has PARK requested that the City deed to Sunmark at least two small parcels of. land, which are not needed in the future extension of Fourth Avenue North of 228th, in exchange for an easement on either side of Fourth Avenue for the present storm drain and water lines. It is recommended that the exchange be made without cost to either party. JOHNSON MOVED that the proposed exchange of property be approved and the Mayor authorized to sign a deed. upon receipt of the suggested easements, McCaughan seconded . Motion carried . PLANNING Resignations . It was noted that resig- COMMISSION nations from the Planning Commission have been received from Bob Bodvin and Paul Morford and that both men are moving from the community. MASTERS MOVED to accept the resignations with regret, and for both men to be so notified . Johnson seconded . Harris noted that we are in need of some candidates for the vacancies created by these two resignations . Upon Masters ' question, the Mayor stated that before the next appointments are made, the Council will be provided with some background information on the candidates. Johnson asked if the Planning Commission Chairman interviewed prospeptive commissioners and Harris noted that the Chairman used to do this, but that the appointment of the commissioners was the Mayor 's function. 98 October 7, 1974 PLANNING It was determined that five of the members COMMISSION of the Commission, must live within the City limits and four may reside within the Sphere of Interest of the City. Harris was asked to supply information to '-the Council as to which positions were open with regard to a residency requirements . Motion carried . EASEMENTS Release of Easements., A letter has been received from Margaret Taylor requesting IN that the City release certain easements at the corner of 104th Avenue S .E . and S .E . 256th Street. The Engineering Department has verified that the easements in question belong to private individuals and not the d has so notified Mrs . Taylor. City, an l . CITY It was noted that on November 4, 1974 a TELEPHONE Centrex phone system will be placed in SYSTEM operation for the City offices, and the trunk lines will be increased from 16 to 52 . A list of the most often called numbers will be publicized prior to the time the system goes into operationand nd that the informa- tion number will be 872-3300 . COMPREHENSIVE On April- 16, 1973, the Mayor was authorized MANPOWER by the Council to sign a memorandum agreement PROGRAMMING covering the King-Snohomish Manpower Con- (CMP) sortium. An amended agr eement has been developed, which has been approved by the Personnel Director and the City Attorney, who have also recommended",that the Mayor be auth orized to sign the agreement. It was j noted by Mirk that every,` objection to the - original proposal has now' been answered and changed to the City 's sat:isf action. He noted that the voting power of the counties and of the cities involved has nqw been equalized insofar as policy is concerned . McCAUGHAN MOVED that the Mayor be authorized to sign the amended Interlocal Agreement of the King- Snohomish Manpower Consortium, Masters seconded . Motion carried . KENT It was noted that the Planning Commission COMPREHENSIVE will present an introduction to the goals PLAN and objectives of the Comprehensive Plan Work Program at a public meeting on Wednesday, Oct. 16, at 7: 30 p.m. in the Council Chambers . HEALTH & Garrison Creek Interceptor. It was noted SANITATION that the request of Joe Silvestri for lowering of a portion of the S. 224th Sewer was denied by EPA. Mr. Silvestri has requested that the City do the work and pay for it and he was apprised ' of Council action wherein the change had been approved subject to the cost being paid by others. L . AWC Legislative District Meeting. It was noted that the AWC legislative. district meeting will be held October 23 at the Concord Inn in Auburn, and that the ,City Clerk would notify Auburn as to the number of the atten- dees from Kent. i JJ October 71 1974 COUNCIL Street noted that the Mondays of October. 14 . and October 28 were holidays and the Council concurred that the workshop meetings for each date would be held on Tuesdays, October 15 and October_ 29, at--7:00 p.m. . BUDGET 1975 Property Tax Levy. A letter from the Chairman of the King County Council, Tom Forsythe, has been received, designating that Kent ' s certification of property tax will not be due until October 300 1974. It was noted that the delay has been caused by an error or omission made by the State Department of Revenue . The ordinance cover- ing property tax for 1975 will be presented at the October 21 Council meeting. GAMBLING It was noted that in accordance with the actions of the Council on September 16, 1974, Ordinance No. 18801 an ordinance to set a tax ratio on certain gambling activities and to prohibit certain types of gambling, which was vetoed by the Mayor, was scheduled to be reconsidered at this meeting. JUST MOVED for the adoption of an ordinance prohibiting the conductor operation of any of gambling, as provided in RCW 9 .460, on any premise or facility, commercial or non-commercial, within.' the City of Kent. ' Masters seconded . Upon questions from McCaughan and Johnson, Just clarified that this included bingo and raffles . At Just 's request, a roll ' call vote was taken, with the following votes cast: Johnson, Just, and Storment, Aye; Baffaro, Masters and McCaughan, Nay; resulting in a tie . Mayor Hogan voted in favor. Motion carried . Immediately prior to the adjournment of the meeting, Hal Cline asked from the audience how the Council could pass the motion as made by Just without advance notice to the public or without a public hearing. Mirk stated that there was advance notice to the public that gambling was to be considered tonight, and that a public hearing was not required for this action . He pointed out further that it was the Council ' s prerpgative to let the Mayor ' s veto of Ordinance 1880 stand, and to introduce a new motion on the subject. Cline ' maintained that the Council was scheduled only �o reconsider the vetoed ordinance. Mirk stated that the Council had chosen not to act on the vetoed ordinance. It was determined that an ordinance h,ad not been passed in tonight ' s action, and Masters opined that this was a motion of intent and that the City Attorney would now prepare an ordinance _ in compliance with Just 's motion. Upon McCaughan 's request, Just reread the motion . Upon Cline ' s question, Mirk ascertained that if the ordinance proposed tonight was subse- quently passed, that bingo in'' the City would cease 5- days"after the publication of the ordinance. October 7, 1974 ` FINANCE, Utilities. It was noted that letters from Dean Ostler, Sr . and Rudolph J. Barber re- questing consideration of adjustment to their utility bills have been received and sent to the Finance Committee for considera- tion and recommendations . RELEASE OF Burnsmith. It was noted by the City Attorney DEED that approximately 35 years ago the City acquired a tax deed to certain property with- in the city', although the City has paid no taxes on the property, and in fact was not aware of owning the property. He fur- ther stated that the party who has been living on the property and paying taxes on it for the past 35 years has now received a deed for the property through an estate . The fact that the City of Kent was in possession of a tax deed to said property has since come to light. It was determined that in order to clear the title it would be necessary for the parties involved to start a quiet title action unless the City was willing to grant a Quit Claim Deed to the parties. Upon Mirk ' s recom- mendation, BAFFARO MOVED that the City grant Masters a Quit -Claim Deed to the Burnsmiths, M a seconded . Motion carried . M MOVED bills received through FINANCE STOR ENT 0 to pay g October 9, 1974 after approval by the Finance Committee. at its meeting to be held at 8 a.m. , Wednesday, October 1.6, 1P74. Just seconded . !, Motion carried . Claims approved by the F-iriance Committee on September 25 are as follows: Current Expense $ 314,615 .14 Parks & Recreation 9, 112 .47 Library 674.30 City Streets 5,498 .43 Arterial Streets 303 .63 Federal Shared Revenue 17,637 .05 Library Construction 113.72 City Hall Construction 985 ..87 SE 256/104 SE Signal 4,050 .00 W. Valley/Meeker 9#443 .00 Central/Smith Intersection 565 .00 Gowe Street - East 17,476. 70 Linda Hts Sewer Improvements 222 .61 Garrison Creek Swr Const. 30380.96 Equipment Rental 224.65 Civic Improvement 500 .00 FiremansRel.ief & Pension 1,815 .56 Leoff Disability 415 .05 Sewer 36,609 .98 Water 5, 733 .38 Garbage 305 .97 $1461688.47 I Interest Bearing Warrants LID 276 O'Leary Construction $ 66, 782 . 31 I I 101 October 7, 1974 FINANCE Burdic Feed & Hardware $ 54.60. Burdic Feed & Hardware 15 .55 East Hill Hardware 1 .54 $ 6,854.00 Meeting Adjourned: 9: 10 p.m. Respectfully submitted, Marie Jensen City Clerk f