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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/05/1975 2�1 Kent, Washington May 5 , 1975 Regular meeting of the Kent City Council was called to order at 8:00 o 'clock p.m. Present: Councilpersons Baffaro, Johnson, Jµst, Kitto, Masters, McCaughan and Storment, City Admini�s trator Street, City Attorney Mirk, Planning Director Harris, Public Works Director Ulett, Finance Director Winkle. Also present: City Treasurer Drotz, Captain Grant, and URS representative Ramsey. In Mayor Hogan 's absence, Council President Kitto served as Mayor Pro Tempore. Approximately 20 people were in attendance . MINUTES STORMENT MOVED that the minutes of the meeting held April 21, 1975 , be approved as printed, Johnson seconded . Motion carried . PROCLAMATION Kitto read Mayor Hogan ' s proclamation declaring the week of May 11 through 17 as National Hospital Week. VARIANCE Kent Shopping Center. It was noted that at APPEAL the last meeting a hearing was held on Kent Shopping Center ' s appeal from the decision of the Public Works Director in denying a variance from the underground wiring ordinance. It was subsequently discovered that Reed & Associates, representatives of Kent Shopping Center, had not been notified of the hearing date and in fairness to the appellant, it is now requested that Mr. Reed be heard. JUST MOVED that the hearing on the appeal of Kent Shopping Center be reopened to hear the repre- sentatives of this organization. Masters seconded . Motion carried . Kitto reopened the public hearing. Ulett referred to his memorandum to the Council dated April 16, 1975, in which he noted that Ordinance No. 1695 relating to underground utilities was passed in December of 1970. He quoted Section 3 .H of the Ordinance as follows : "The owner or owners of real property abutting an underground project shall be responsible, at his or th(ir expense, for connecting the underground service and disconnecting his or their aerial services within ninety (90) days following notice in writing of availability of such underground service . " Ulett noted that the Ordinance does provide for variances to be granted for an "undue hardship, " defined as follows: a) Technological difficulty, or b) Cost outweighs the general welfare considerations, or c) Growth patern is unknown and ultimate service requirements or major service routes cannot be determined . It was determined that variance requests are filed with the City Engineer and that such a request was filed by Kent Shopping Center on October 24, 1974, based on the allegation that the cost of the underground utilities v 1 May 5 , 1975 VARIANCE outweighs the general welfare considerations. .APPEAL Ulett noted that the variance request was denied on November 11, 1974 and that a temporary service pole was subsequently set to avoid delay of the improvement project. The temporary pole is presently providing service to the Shopping Center. Ulett pointed out that the applicant then appealed the City Engineer ' s ruling to the Council, and may further appeal to the Board of Adjust- ment. Mr. Reed, representing the Kent Shopping Center, noted that the comments made by Ulett were correct. He pointed out that the area in question is located on the back property line (south) , and off the street. He further noted that one alternative solu- tion would require placing of a second pole for transformerso further commented muchefordtheat approximately $2 ,000 was Center to pay for undergrounding at this time. He noted that he had talked with the City Attorney as to the possibility of forming an LID for a one owner or a multiple owner situation. Storment inquired whether adjacent property owners were required to go underground and whether or not they had in fact done so. Ulett noted that .all of the other property owners receiving service from the East Gowe project have complied . Upon McCaughan's question as to which section of the Ordinance the denial of the variance had been based, agreement with Mr. Ulett noted that he was in a g Reed as to the fact that no one has defined when the cost of the project outweighs the general welfare considerations. He pointed out that no variances had been granted since the passage of Ordinance 1695 . Upon McCaughan ' s question, Baff aro opined that if this request for variance is granted, it will be difficult to deny others . Upon Kittqu shin,le was setUlett noted that the temporary power P back about 20 or 30 feet off the curb line with the feed underground from the .project to the pole, then from .the pole it is over- head to the buildings . Upon McCaughan ' s question as to how the Center would have obtained power without this temporary arrangement, Ulett noted that under the ordinance, the City could, after 90 days, arrange to have the underground conversion made, and if necessary, place a lien on the property to cover the cost. He pointed out that this particular area is the only one in that section which has not placed the lines underground . Upon Masters ' query, Ulett noted that the appeal was not delaying the project and further that the Power Com- pany had been willing to set a temporary power pole . Reed explained the various steps taken toward the variance request, commencing in October. Upon Kitto's question, Street noted that on the Willis Street project, the Council had decided on underground wiring even though there were substandard homes in the area. May 5 , 1975 e tim VARIANCE He noted that it was determined at that APPEAL that eventually the entire CBD area would have underground wiring. Just asked about alternative financing and Mirk noted that it would be possible to form an LID, even for a single property owner, which would allow payments to be made over the years. Street pointed out that an LID might not be the least expensive route for a relatively small project such as this. Reed noted that he did not believe the matter would be taken to Court if a suitable alternative financial plan could be arranged . He stated that the Center does not have the capital available, so they were interested in an LID to solve the problem. He noted that the merchants do not think that the project is an improvement to their businesses. Street commented that the new street is going to be a definite asset to the area as it is heavily trafficked and that part of the project is the planned undergrounding. Reed noted that he would want to meet with the City Engineer and the City Attorney to come up with a final answer to the financial problem but that he felt that an LID would offer lower interest rates . There was no correspondence on the matter. JOHNSON MOVED that the hearing be closed'. McCaughan seconded . Motion carried . BAFFARO MOVED that the request for variance be denied; Johnson seconded. Masters noted that all the other property owners have gone along with the underground wiring ordinance requirements and felt that it should be uni- formly complied with. Motion carried . ZONING Star Lake School Annexation. It was noted that in accordance with the Zoning Code, proposed zoning classifications for annexed property must be heard before the City Council twice, with at least thirty ( 30 ) days between the hearing dates. The Planning Commission held a public hearing on April 22, 1975 , on the proposed zoning for the Star Lake School Annexation and it is their recommendation that the area be zoned R1-9 .6, Single Family Residential District, with 9, 600 square foot minimum lot size. Council President Kitto opened the public hearing. Upon McCaughan' s question, Harris noted that there were no objections at the Planning Commission hearing to the R1-9 .6 minimum lot requirements . He further noted there were no variances to this lot size. JOHNSON MOVED that the hearing be continued until June 16, 1975, McCaughan seconded . Motion carried. WEST VALLEY Street read a letter from Leonard I. Schroeter INDUSTRIAL on behalf of Orville Cohen & Associates PARK PLAT requesting a one year extension of time for filing the final plat of West Valley Industrial Park. It was noted that the pre- liminary plat was approved by the Council on May 6, 1974, and that financing for the project is now being arranged . Street further noted that the Planning Director has recommended that the one year extension be granted. Mirk commented that this project is tied in with 20- May 5 , 1975 WEST VALLEY the SCS drainage project and that such a delay INDUSTRIAL could very well interfere with progress orethe PARK PLAT drainage channel . He suggested quire that an easement be reserved for this purpose. Masters stated that she was of the opinion that this was understood by the plattors at the time the Preliminary Plat was approved . Mirk noted that we have nothing in writing. McCAUGHAN MOVED to accept the letter for the record, Masters seconded. Motion carried. McCAUGHAN MOVED to approve the extension of time to Cohen & Associates, provided that a temporary easement is furnished for the SCS plan, Masters seconded . Motion carried. CENSUS Stree t noted that the census has now been completed and that the population count is 16,928. He pointed 'nted out that the figure has not been certified by the State . It was noted that we will pick up an additional 127 persons from the Star Lake School annexa- tion for the next quarter. Upon questions from the Council, it was determined that the average number of persons per household has dropped. Street further noted that the number of pupils attending Kent Schools has Continued to grow, although the overall population for the City appears to have decreased slightly. t a letter from Dennis SOUTH KING Street reported that Count Activities COUNTY Healy of the South King Y _ ACTIVITIES Center had been received today and distributed CENTER to the Council tonight. He suggested that I' the matter be discussed at the next workshop i i meeting. POLICE National Police Selection Standards Project. A letter was read from the Kent Civil Service Commissi on recommending that Kent participate in the National Police Selection Standards Project, at an estimated cost to the City of between $750 and $1200 . Participation in the project will enable the City to obtain ade- quate and validated written tests and other selectio n standards for the Civil Service Commission. It was further noted that a decision to enroll must be made before May Civil 15 , 1975 . MASTERS MOVED that the Kent Service Commission be authorized to enter into the National Police Selection Standards Proje ct with an approved cost ceiling of Upon Justs $1200, McCaughan seconded. U p question, Street determined that this was not a budgeted item and that the source of the funds would have to be determined. Motion carried . LEAA Projects. On April 30, 1975 , the King County Law and Justice Planning Committee met to recommend approval of LEAA projects to the King County Council and the various City Councils. Ke representative, Committee. Street, served as Chairman 255 May 5 , 1975 POLICE The Committee has recommended that funding of the Sixth Chamber in the amount of $21, 179 be continued for the year 1976. In this year ' s allocation, there was also $1500 to help in the indigent individuals ' attorney require- ments . It was pointed out that Kent had been part of the Bellevue project for the attorney fees for indigents, but that this will no longer be funded. BAFFARO MOVED that the Mayor be authorized to sign a contract for $21,179 LEAA funds to continue support of the Sixth Chamber for the year 1976, Johnson seconded. Street explained that the City had entered into an agreement with the King County Law and Justice Planning Committee for support of two projects--one being the Sixth Chamber and the other for indgient attorney fees as part of the Bellevue project. He noted that LEAA is trying various projects in an effort to reduce the crime rate in various areas, particularly with regard to youth. He explained that City money was used last year and that we are using only $3,000 as matching money for this project in 1975 . Projects for 1976 have to be submitted to Olympia by the middle of May and it is the recommendation of the administration that we go ahead with funding for the Sixth Chamber for 1976. Mary Loop of the Sixth Chamber confirmed for Just that this is the amount anticipated . Motion carried . HEALTH & Sanitary Sewer Rebuild - South of Smith Street SANITATION between Titus and Kennebeck. Bids were received for the above project on May 2, 1975 . The three low bidders were as follows: King Construction Co. $171044.381 incl . tax Ryker Construction & Eng. 20 ,816. 761 incl . tax C. Ed Bowen Construction 24,418. 28, incl . tax It was noted that the engineer 's estimate was $301842. 37, including tax. In accordance with the recommendation of Public Works Director Ulett, MASTERS MOVED to accept the best bid of King Construction in the amount of $17,044. 38, including tax, McCaughan seconded . Upon Johnson 's question as to the difference between the engineer 's estimate and the low bid, Mirk noted that King Construction had also bid under the engineer 's estimate onthe Kent-Des Moines Sewer Interceptor project and had done a very satisfactory job. Motion carried . Drainage. McCaughan noted that a tentative agreement has finally been reached with the City of Seattle regarding the leachate problem at the Kent Highlands sanitary landfill site . He pointed out that it is proposed to construct a force line to connect to our sewer line on South 228th. The City Attorney will draft a contract for consideration at the next Council meeting. 2 May 5 , 1975 HEALTH & Sewer Facilities Plan. Ulett noted that as SANITATION of April 29, 19751, the sewer facilities plan was number 72 on a list of 241 projects for priority grants, and that it was expec- ted that all of the projects on the list would be receiving 90% federal funding. Bonel Mobile Home Trailer Park. Baffaro noted that the matter of the complaint against the Roadside Tavern made by the Bonel Mobile Home Trailer Park was discussed at the last workshop session. He noted that both businesses are properly zoned, and are - trying to work out some solution, with con- sideration being given to erecting a fence or plant trees or shrubs as a buffer zone between the two. COUNCIL It was clarified that workshop sessions begin WORKSH OP at 7 P:00 o ' clock .m. on the 2nd and 4th TIME Mondays of each month, with the Public Works Committee meeting to follow immediately thereafter. GAMBLING It was noted that the status of gambling through punchboards, pulltabs and cardrooms was discussed at the last workshop meeting. After a review of Ordinance 1888 and of the minutes of the meeting at which it was adopted, it has been determined by the Administrator that bingo was not included in those gambling activities which were to stop on May 1, 1975 . The City Clerk read a letter from fifteen Kent tavern owner/operators asking that gambling be allowed to continue in Kent and noting that the City ' s revenue for the first quarter was $3,500 . The City Clerk intro- duced a petition signed by 270 persons asking that the City allow all forms of gambling which are authorized by State law and regu- lated by the Washington State Gambling Com- mission and for the City to tax the activity the maximum allowed by law. McCAUGHAN MOVED that the letter and petition be accepted and made a part of the record and referred to the next workshop session, Just seconded . Storment commented that the matter had been discussed at workshop meetings several times in the past and he did not think it was necessary to discuss it further. Baffaro noted that if people were going to gamble they will find some place to do it. McCaughan stated that this petition is the first support introduced in favor of the gambling other than from the tavern operators themselves, who have something to gain from the gambling operations, and felt the matter should be further discussed, at least one more time. It was de termined that through an oversight Just had not received a copy of the petition with the agenda. Kitto opined that unless there were special reasons for the matter being referred to a workshop, he felt the decision should be made at this time. Just stated that a decision had already been made in the past. Kitto agreed, and stated that if no action was taken tonight I i I r dJ May 5 , 1975 GAMBLING decision would stand . McCaughan ' s motion was read back by the Clerk and on a roll call vote, the motion failed! with Kitto, Johnson, Masters and Storment voting nay. STORMENT MOVED that the letter and petition be accepted and made a part of the record, Baffaro seconded . Motion carried. BAFFARO MOVED that the Attorney be directed to prepare an ordinance amending Ordinance 1888 by removing Section 2, which prohibits punchboards, pulltabs and public cardrooms after May 1, 1975 , Storment seconded . McCaughan questioned whether Renton and Auburn allowed punchboards and pulltabs and cardrooms. Storment stated that Auburn and Renton have gambling to the full extent and Just stated that Renton does not allow punchboards . McCaughan stated that the City Attorney had determined that punchboards and pulltabs were in the same category under the State law and Mirk clarified that if one of these was pro- hibited, both must be. Upon McCaughan 's ques- tion, Captain Grant noted that he knew of no complaints with regard to punchboards, card- rooms or pulltabs in Kent, Renton or Auburn. Just stated he wished to make some clarifica- tion about the amount of revenue actually received, noting that the tavern owners ' letter indicated that the revenue would come to about $14,000 per year based upon what had already been collected, and he had figured the tax to be approximately $650 .00 per month -- for the first five months of operation. Street explained that revenue from bingo had also been included in the $14,000 figure. He further determined that $71500 had been collected to date, of which approximately $4, 300 was from bingo, leaving approximately $3, 200 as the amount of tax collected from punchboards and pulltabs. Just noted that $650 per month would not be enough to police the operation, and noted that one tavern had not paid on time and the City had to collect the tax. Street noted that while the County was willing to collect the tax for us, the City had not felt it was necessary. It was further deter- mined that the County proposed to abolish punchboards and pulltabs at the end of May and after that date the County's collecting service would not be available to the cities. Upon Storment 's question, Winkle determined that the figures on the taxes as presented at the last workshop session, and as reviewed tonight by Street, were correct. Upon a roll call vote, Baffaro 's motion carried, with Just and Masters voting nay, - and McCaughan, Baffaro, Johnson, Kitto and Storment voting aye . STREETS Road Oiling. It was noted that two bids were received for furnishing road oil . It is anticipated that approximately 500 - 650 barrels of oil would be used. The bids were as follows: City Transfer of Kent $17. 37 per barrel, including tax May 5 , 1975 STREETS Doolittle Construction Co. $19 .87 per barrel, Bellevue, Washington including tax STORMENT MOVED that the best bid of City Transfer of Kent be accepted, Johnson seconded. Motion carried. Center Line Painting Contract for 1975 . Three bids for cold painting of tenter lines were received and only one bid for hot paint. Bids were as follows: Paint-a-Line, Inc. Cold Paint $71098.011 incl . tax Hot Paint $81062.561 incl . tax Traffic Safety Cold Paint $71496.311 Control incl . tax Diamond Quality Cold Paint $12,505r73, Traffic Markings incl . tax It is the recommendation of the Street Superintendent that hot paint be used because it dires quickly, thus avoiding tracking. On Just ' s question, Street noted that we paint only once a year, except for high traffic volume streets which are striped twice. Upon Storment ' s question, Street advised that we have not had any claims to clean up cars that have driven over the striping done with the hot paint. McCAUGHAN MOVED that the best bid of Paint-a-Line, Inc. in the amount of $8,062 .56, including tax, for hot paint appli- cation be accepted, Just seconded. Motion carried. South 180th/S.W. 43rd Project. A letter was read from John L. Fournier, Jr. of the Chamber of Commerce indicating that the Chamber is in favor of the complete five lane project, but that in view of the EDA financing situation, the three lane improve- ment program should be pursued as an adequate first-step improvement. MASTERS MOVED that the letter be accepted and referred to the Public Works Committee, McCaughan seconded. Motion carried. Curb Replacement - Smith & Central Inter- section. Upon the recommendation of the Public Works Committee, McCAUGHAN MOVED to approve Change Order No. 1 for Skip Jacobson Construction Company in the amount of $441, and for the final pay estimate to be adjusted to include this change order. Masters seconded . Motion carried . Gowe Street. Upon Stormenis question about two chunks of asphalt lying in the middle of Gowe Street, Ulett determined that the gas company was making some repairs there on May 5 , and that was probably the reason for the street being torn up. LJ�1 May 5 , 1975 WATER A letter was read from Herb T. Mead of Mead, Samuel & Co. , Inc. , requesting the City's recommendation regarding water service to permit the development of approximately five acres at S.E. 256th, and 104th Ave. S.E. MASTERS MOVED that the letter be accepted and referred to the committee of the whole. Kitto seconded. Motion carried. I PARKS & A letter was read from Robert W. McQueen, RECREATION Enumclaw Chapter of the American Association of Retired Persons commending the Kent Senior Center Director, Miss Allen, and the Kent Kitchen Band. MASTERS MOVED that the letter be accepted and made a part of the record, Just seconded. Motion carried . Land Donation. Approximately four acres of land between Russell Road and the Green River adjacent to Boeing has been donated to the City of Kent by the Boeing Company for the purpose of a public park or other recreational facilities . The title to the land is now being transferred to the City from the Trust j for Public Land, a California non-profit corporation. JOHNSON MOVED- that the deed and title to the described river front property be accepted for park and recreation purposes. Masters seconded. Upon McCaughan 's question, it was noted that this is the land that was dedicated last year (referred to at that time as the George S. Stoner Memorial Park) . Upon Storment ' s question as to whether the City would be required to maintain it, it was deter- mined by Street that we would and further reminded the Council that the City is required to acquire certain frontages along the River and that this particular piece of property consists of about 21000 feet of river frontage. Motion carried. BEAUTIFICATION Kent. Clean-Up Week. A report was presented showing that the cost of the April clean-up week was considerably higher than in past years, but there was more brush to clean up. Ulett noted that several extra days were added to the schedule . Street noted that there was some criticism by citizens that some people expected too much individual service. He noted that next year the Council would be asked to make some regulations for the clean-up project. McCaughan noted that people were also putting out junk and garbage for pickup and that the purpose of the clean-up project was to clean up yards . Street agreed and stated that these trucks should not be !� expected to pick up garbage during this special annual project. CLAIMS Grieve. A claim was presented from R. Bob Grieve in the amount of $101000 for alleged damages suffered by reason of loss of parking stalls near a tavern at Central and Meeker. McCAUGHAN MOVED that the claim be referred to the City' s insurance carrier for appropriate action, Masters seconded. Motion carried. II I May 5 , 1975 FIRE A letter was read from George J. Bitzes, Jr. DEPARTMENT of American-Strevell, commending the Fire Department for their speed, efficiency and good manners when responding to an aid call at their office last week. STORMENT MOVED that the letter be accepted and made a part of the record, Just seconded . Motion carried . SAFETY A letter was read from David E . Morris of the AWARD Washington State Chapter of APWA announcing that Kent is the recipient of the "Award of Honor" for 1974, and requesting that a repre- sentative be appointed to accept the award at the APWA Fall Conference. MASTERS MOVED that the letter be accepted and made a part of the record, Just seconded . Motion carried . FUTURE A letter was read from Gwen Gilbreth of Kent- ' BUSINESS Meridian Senior High School thanking Mayor LEADERS OF Hogan for the proclamation for FBLA week in AMERICA April . MASTERS MOVED that the letter be accepted and made a part of the record, Storment seconded . Motion carried. SCHOOLS A letter was read from Claudia B. Thomas, President of the Kent Education Association, thanking y 9 Mayor Hogan for her support regard- li ing adequate school funding for the State and for Kent. MASTERS MOVED that the letters be accepted and made a part of the record, Johnson seconded . Motion carried. INVITATION A letter was read from C. B. Walk, Jr. , Air Route Traffic Control Center of the F.A.A. , inviting the Mayor and guests or her designee to tour the Seattle Air Route Traffic Control Center in Auburn on May 15 . MASTERS MOVED that the letter be accepted and made a part of the record. Johnson seconded. Motion carried . FINANCE McCAUGHAN MOVED to pay the bills received through May 5 , 1975 and approved by the Finance Committee at its meeting to be held at 8 a.m. on May 15 , 1975 , Just seconded. Motion carried. Segregation - Wattles. A request for segregation of an LID assessment was received from the First American Title Company of Bellevue representing Stuart D. Wattles . McCAUGHAN MOVED that the Attorney prepare a resolution directing the proper officials to make the requested segregation. Masters seconded . Motion carried . Claims approved by the Finance Committee on April 30, 1975 are as follows: Current Expense $ 72, 720 .10 8 034.20 Parks & Recreation , City Streets 7, 362.96 Central Business District 1,080 .00 Federal Shared Revenue 1,093 .23 II �,II May 5, 1975 i $ 86 .41 FINANCE Canyon Drive .0135 1 Central - Meeker Intersec. 1 Garrison Creek Swr Const. 0 . 35 50 Kent-Des Moines Swr Intrcptr. . Equipment Rental 1,475 .47 Leff Disability Fund 10,606. 73 Sewer 42,115 .91 Water 58718. 36 393 .41 Garbage $1431971 .02 Meeting Adjourned: 9: 30 p.m. Respectfully submitted, Marie Jensen, CMC City Clerk