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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/15/1976 Kent, Washington March 15, 1976 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. Present : Mayor Hogan, Councilpersons Carey, Johnson, Just , Kitto, Masters, .McCaughan and Storment, (-ity Administrator Street , City Attorney Mirk , Planning Director Harris, Public Works Director Ulett . Finance Director Winkle was absent . Also present : City Treasurer Drotz, Planning Commissioner Hamilton, and URS representative Ramsey. Approxi— mately 70 people were in attendance at the meeting. MINUTES JUST MOVED that the minutes of the meeting held March I , 1976 be approved as printed, Kitto seconded. Motion carried. PROCLAMATION A proclamation was read by the Mayor declar— ing the week of March 28 through April 3, 1976 as Quality Week, and urging all citizens to recognize this vital force in determining the quality of life which we now enjoy. HEALTH & S. E. 224th Street Interceptor—Sewer — In SANITATION Lieu of Assessment Charles. The charges reported at the last Council meeting were in error. The report should read that the payment in lieu of assessment for this sewer has been established at $8.56 per front foot plus $350 per B" side sewer and $250 per 6" side sewer, based on actual and final costs. Side Sewer Permits. The City Attorney intro— duced Ordinance No. 1954, an ordinance amend— ing Section 8 of Ordinance 1777 concerning permits to owners, agents or occupants to construct , extend or repair sewer on private property, as amended by Ordinance 1901 , Section 2. JOHNSON MOVED that Ordinance 1954 be adopted, McCaughan seconded. Motion carried. Delinquent Utility Bills. Ordinance No._ 1955, amending Secs. 6 and 7 of Ordinance 1775, as amended by Secs. I and 2 of Ordinance 1820, relating to delinquent utility bills, was introduced by the City Attorney. KITTO MOVED for the adoption of Ordinance 1955, Storment seconded. Motion carried. LID 278 — Wigton's 2nd Addition Sanitary`Sewer. Bids were received on March 9, 1976 for the Wigton Addition Sanitary Sewer. The three lowest bids are as follows: Como Contractors, Inc. $72, 114.43 Select Contractors, Inc. 81 ,661 .53 Hanson Excavating Co. 90,219.61 In accordance with the recommendations of the Engineering Department , JUST MOVED that the best bid of Como Contractors, Inc. in the amount of $72, 114.43 for LID 278, Wigton's Sanitary Sewer, be accepted, Storment seconded. HEALTH & Ulett pointed out that the low bid was under SANITATION the engineer's estimate of $86,045.54. He also commented that the costs of easements was less than anticipated and the final costs to the property owners was now being projected at 62% of what they were notified at the time the LID was instituted. Motion carried. Knutson Sewer Extension Re9uest . Mr. Dale Knutson has requested authorization to extend a Kent sanitary sewer to serve his property on the east side of the Benson Highway north of S .F. 223rd Street . His property adjoins a parcel being developed by Mayer Built Homes, Inc. for which there is a prior commitment for sewers from the City of Kent . Neither property can be feasibly annexed. STORMENT MOVED that the request be granted, contingent upon the ap— proval of the Boundary Review Board, Johnson seconded. Motion carried. Angell Garbage Service_ Dispute._ At a meeting of the Public Works and Planning Committee held on March 3, 1976, at which meeting Mr. Angell was present , his dispute with the City over the billing for garbage services was discussed. The first item was a delinquent garbage bill covering several years, and for which he received no service. The second item was protesting the compulsory garbage collec— tion. After a full discussion was held, the Administrative recommendation was that the delinquent bill be excused, but that beginning April I , 1976 collection will be made and paid for garbage service on both residences involved. STORMENT MOVFD THAT the Administrative recommendation be accepted, Johnson seconded. Motion carried. STREETS Reith Road/Military Road_ The request of City Transfer of Kent for a change order for 106 feet of 4" drain pipe and 215 feet of 4" perforated under drain pipe in connec— tion with the above project has been reviewed by the Public Works and Planning Committee who recommend its approval . KITTO MOVED that Change Order # 1 of City Transfer be approved, Storment seconded. Motion carried. WATER 104th Avenue S.E. Water Main. Change Order # 1 to DiOrio Construction Company in the amount of $317.27 for labor and materials to connect an existing 6" water line to the new 12' water line has been reviewed by the Public Works and Planning Committee and approval recommended. KITTO MOVFD that Change Order # 1 of DiOrio Construction Company be approved, Storment seconded. Motion carried. Water Use. Permit . The City Attorney intro— duced Ordina_n_ce^No. 1953, amending subsection 5 of Ordinance 1776, requiring all persons, firms or corporations to obtain a permit from the Kent Water Department prior to takina water from a City hydrant . STORMENT MOVED for the adoption of Ordinance 1953, Just seconded. Motion carried. TRAFFIC Traffic_Violations Bureau. The City Attorney introduced Ordinance No. 1952 creating a Traffic Violations Bureau, establishing its duties, providing for enforcement and penalties, and repealing Ordinance 1171 . JOHNSON MOVED for the adoption of Ordinance 1952, McCaughan seconded. Upon Masters' question, Mirk noted that the proposed ordinance had been discussed at the last work session and that the only change was to add a provision which makes it a violation of the ordinance for any person who fails to appear after signing a written promise to do so. Motion carried. No Park i_ na Zone. Ordinance No. 1956 was introduced by the City Attorney, an ordinance consolidating "no parking" zones into one ordinance, and repealing Ordinances 1286, 1329, 1357, 1414, 1511 , 1512, 1558, 1615, 1815, 1870, 1875, 1879, 1895, 1897, and 1929. JOHNSON MOVED that Ordinance 1956 be adopted, Carey seconded. Motion carried. ANNEXATIONS Merlino. A previous Motion required the Merlino annexation to include the property on the east side of the Green River lying between the Merlino property (Lot 14, Horse— shoe Acres Tract ) and the present City limits to the north, if the annexation is to be acceptable to Kent . By letter of February 10, 1976 Mr. Merlino stated that the other owners to the north will not sign the peti— tion. Merlino has suggested that either 1 ) they be excluded from the annexation, or 2) Kent consent to a water utility extension without annexation. It is the recommendation of the Public Norks and Planning Committee that the previous motion be upheld and that the policy which prohibits the water exten— sion without annexation be upheld. STORMENT MOVED that the recommendation of the Public Works and Planning Committee be accepted, Johnson seconded. Motion carried. Cfteness. A Notice of Intent to annex a 48 acre parcel north of the recent Eastridge annexation has been submitted in lieu of a CORRECTED REFER TO petition for nine acres which the Council MINUTES OF y S" 7� agreed to accept last October and for which the petitioner was unable to get a signed 75% petition. The Public Works and Planning Committee reviewed the new petition at their last Committee meetinc. State law requires that the petitioner be heard and it is recom— mended that this meetina be held at 7:00 p.m. on March 22, 1976. JUST MOVED that the meet— ing be held at the suggested time, Storment seconded. Motion carried. Island Annexation. The Council operating as a Committee W the whole met with representa— tives of the proposed Island annexation for which a 10% notice of intent to annex has been submitted to the City. Approximately 40 citi— zens were in attendance at the meeting. The Director of Public Works and Administrator reviewed for the Council and citizens the estimated income to the City and other perti— nent items. Concern over the cost of the sewers was expressed by most of the citizens. ANNEXATION It was noted that accurate sewer information would not be developed until after a great deal of engineering time had been expended. The Director of Public t'dorks and Administrator did recommend that the Council should accent a 75% petition, provided it included the fact that these properties would pay the present tax levy, although acknowledging that the cost to the City would probably be more than the income. A sample poll of the Council indicated that they would accept such a petition. JOHNSON MOVED that the initiators be notified that the City would accept a 75% petition, provided said petition included the agreement to pay the present tax rate. Kitto seconded. David Parker, 4316 S. 239th Place, spoke from the audience, noting that he and several other residents of the area had attended the workshop meeting and expressed their opposition to the proposed annexation. He presented a map which he stated showed the assessed valuation as being against annexation, 18% in favor, 13% undecided at this time, and 14'-71, not contacted. He opined this summed up the feelings of the "Island" residents. He noted in response to Storment 's question that his figures as to legal property owners were based on records furnished by the City's Engineering Department and King County records. in response to Parker's statements, Mirk noted that there was no such thing as a statutory time limit for the Council to take action on a petition for annexation. He further clarified that City policy does not allow the furnishing of sewers without annexa— tion. Parker further noted that one way to solve the problem of sewers other than through annexation was by working with King County but stated he was under the impression that King County would do nothing so long as the present annexation petition was under consideration. Mirk suggested that if they did actually have 55% of the residents against annexation such a list should be brought hack to the Council at its next meeting to determine if it does in fact represent 55% of the assessed valuation. In answer to Johnson's questions, Parker clarified that some residents were against annexation and also against sewers at the cost quoted to them by the City. In response to the Mayor's suggestion of a one month 's time limit on the return of the 75% annexation petition, McCaughan questioned whether that would give the initiators of the petition ample time to contact all of the property owners. JOHNSON MOVED and Kitto seconded to amend the motion to accept the 75% petition to include the stipulation that the 757, petition for annexation be returned to the Council by April 19, 1976. Larry Wilson spoke from the audience on behalf of the initiators of the annexation petition, noting that the petition was brought before the Council in good faith and that four weeks did not give them enough time to contact some of ANNEXATION the property owners who did not live in the area. He opined that since the problem of sewers had existed for a number of years, he could find no basis for such a time limit being set on the return of the 75% annexation petition. Storment noted that he felt that 120 days was his idea of a reasonable period of time. In response to Just 's question, Parker stated that he had been aware of the sewer problem since approximately 1962. Just opined that five weeks was not a sufficient amount of time for the return of the annexation petition and Johnson concurred, stating thai May 17 seemed a more reasonable date. Parker was informed that he could bring his 55% list to the Council , although it would have no legal or binding effeci on the Council 's deci- sion. At Larry 'vilson's request , a letter from A. J . Coffelt , P.E. , Deputy Director, King County Department of Public Works, dated February 24, 1976, and addressed to Mrs. Kenneth %',hile, 3931 S. 238th Street , was read into the record. The letter concerned comparative costs of a sewer system provided by King County or the City of Kent . STORMENT MOVED that the letter be accepted and made a part of the record, Johnson seconded. Motion carried. The original amended motion, as further amended to show the date of May 17, 1976 carried. COMPREHENSIVE The Planning Commission held a public hearing PLAN on February 24, 1976 to consider a request by Puget Sound Power & Light Company to delete a portion of 72nd Avenue S. from the Kent Compre- hensive Plan. At the time of the hearing, the Planning Commission recommended that the Compre- hensive Plan be amended to show an alternative route for 72nd Avenue South, which route would go around the Puget Power complex to the west . Harris pointed out the location of the existing Puget Power substation on the map. Upon Stor- ment 's question, it was determined that while there had been some discussion as to Puget Power donating the property to bypass the present portion of 72nd Avenue So. to this point , the reaction on the part of Puget Power had been negative. Harris noted that the possibility of moving the corridor would be under discussion again when the Comprehen- sive Plan comes up for review. In response to Street 's question, it was determined that at the present time the City does not own any property in this corridor. The public hearing was opened by the Mayor. Phil Wood, Real Estate Division, Puget Power, addressed the Council , noting that since the property was purchased in 1967 and the sub- stations planned, several conflicts have developed. He noted the problem of safety as a matter of prime concern, due to the fact that people and automobiles are passing underneath large masses of wires which cannot be placed underground. He also noted that c? COMPREHENSIVE problems involving security will require that PLAN fencing be placed around the station. For safety factors alone, he opined that the road should be eliminated. He also pointed out the necessity of employees having access across the road in the event of emergencies. He noted that at one time it was believed an underground tunnel could be built for such a purpose but that it is no longer possible due to the placement of the Metro sewer line. In response to McCaughan's question, Harris noted that it was important to the development of the area to have a right of way. Gary Volch_ok spoke to the meeting, noting that he agreed with Puget Povwer that the 72nd Avenue corridor is not really required from the standpoint of development of the area. In response to Masters' and Storments' com- ments, Harris noted that when the Planning Commission reviews the Comprehensive Plan they will attempt to define the precise locations of where such corridors will go. JUST MOVED that the recommendation of the Planning Commission be approved, Johnson seconded. Motion carried, with Carey abstain- ing. SUBDIVISION Western Farmers Subdivision. On February 24, (PRELIMINARY 1976, the Planning Commission held a public PLAT) hearing on the �'Jestern Farmers Preliminary Plat and recommended approval with the condi- tion that a State Flood Control Permit be required. The public meeting was scheduled for this Council meeting. Planning Director Harris described the proposal as being an application filed by Gary Volchok for a three-lot industrial subdivision to be known as Western Farmers Subdivision. This is a replatting of the Western Farmers Short Subdivision and is a preliminary plat recommended by the Planning Commission for approval . He pointed out the area on a map as being located east of 41dest Valley Highway at S. 236th Street and zoned M-1 , Industrial Park, and M-2, Limited Industrial . The pro- posed subdivision is on Lot 4 of the %'I)cstern Farmers Short Subdivision and contains approxi- mately eight (8) acres, to be subdivided into three lots. It was noted that the Western Farmers' chicken processing plant was developed on the easterly fringe of this property and operated until approximately 1971 . The building has been vacant since that time. The Archway Cookie Company is located westerly of the Western Farmers building. Four lots were granted for the short plat which the Kent Short Subdivision Committee approved in July, 1974. The replat of the short sub- division is necessary because the State Subdivision Law requires that any additional lots created on a parcel of land previously short platted can only be permitted after the regular subdivision procedures are followed. SUBDIVISION If, within five years of the short subdivision (PRELIMINARY approval , new lots are created, any further PLAT) platting must take place as a preliminary plat . Six lots are now planned instead of four. Harris noted that a performance bond was one of the requirements for the Short Plat Subdivision for the improvements to S. 238th, which bond has been obtained and is still in force and effect at this time. Upon Storment 's question, Harris clarified that a portion of Lot 2 is zoned M-1 and a portion 10-2, as is Lot 3. He noted that this would not hinder development of the property. McCAUGHAN MOVED that the preliminary plat be accepted as recommended by the Planning Com— mission, Masters seconded. Motion carried. KING COUNTY District Court Plan. A letter was read COUNCIL from Bill Reams, Chairman, Operations, Police and Judiciary Committee, King County Council , informing Mayor Hogan of a public hearing on Wednesday, March 17, at 1 :30 p.m. regarding proposed revisions to the District Court Plan. MASTERS MOVED that the letter be made a part of the record, Storment seconded. Street noted that Mirk would be attending the meeting. Motion carried. FIRE Fire Tower. Kitto reported that the Finance DEPARTMENT Committee had met at 8: 15 a.m. on March 15 at which time the bids received on the fire tower were discussed. It is the recommenda— tion of the Finance Committee that since the bids are considerably higher than the amount allocated for the tower the matter should be referred to the next Council workshop to the Committee of the whole for further discussion. West Hill Fire Station. Kitto also noted that the West Hill Fire Station was discussed at the Finance Committee meeting, as well as the proposals of the architectural firms of Keinig & Neifert and Campbell & Associates. It is ..,..._.., the recommendation of the Finance Committee CORRECTED • REFER T that the proposal of Campbell & Associates be accepted and KITTO SO MOVED, McCaughan ...-� MINUTES OF seconded. Motion carried. It was also reported that preliminary discussion was held on the actual manning of the station and noted that this will also be discussed further at the next meeting. AMERICAN A letter was read from Ambassador James D. REVOLUTION Hodgson, Embassy of the United States of BICENTENNIAL America, Tokyo, Japan, stating that during COMMITTEE the next eight months two young Japanese, Katsuyoshi Suzuki and Hideaki Fujii , will be touring the United States by automobile delivering messages of congratulations to the mayors of 100 cities affiliated with the sister—city program. MASTERS MOVED that the letter be made a part of the record, Storment seconded. Motion carried. CLAIMS R. V. Webb. A claim in the amount of $20.01 for damage to his automobile when he came too close to a fire truck in operation at a fire has been filed by R. V. Webb. The City Attorney advises that the Council should deny this claim hecause Mr. Webb's actions at the time of the incident were in violation of RC'N 46.61 .635. STORMENT MOVED that the claim of R. V. 'PJebb be denied, Johnson seconded. Motion carried. Walter Kouchi . A. claim in the amount of $933.97 has been filed by Walter Kouchi for alleged damages to his automobile caused by running over a reversed manhole cover. All evidence indicates that the City was not at fault and in accordance with the recommendations of the City Attorney, McCAUGHAN MOVED that the claim of 1VaIter Kouchi be denied and the City's insurance carrier be notified of this action. Carey seconded. Motion carried. Linda Martin. A memorandum has been furnished the Council from the City Attorney regarding the alleged discrimination claim of Linda Martin involving her employment as a bus driver for the Parks Department ski school . Upon the recommendation of the Administrator, STORMENT MOVED that the City Attorney be directed to respond to S. William Hollingsworth, Jr. , investigator for the Equal Opportunity Employment Commission, and advise him that the City is not interested in a pre—settlement discussion. Masters seconded. Motion carried. SOIL Street noted that a letter has been received CONSERVATION from SCS reminding the City of a meeting SERVICE scheduled for March 25 at 7:30 p.m. in the Kent City Hall . All Council members were urged to attend. BOARD OF Reamointment of Chet---Wheeler. Chet Wheeler's ADJUSTMENT term on the Board of Adjustment expired in February of this year. It is recommended that he be reappointed to serve another term on the Board. Mr. Wheeler is receptive and has been an excellent member. JOHNSON MOVED that the appointment of ChetV41heeler to the Board of Adjustment for a five year term be confirmed, Masters seconded. Notion carried. PERSONNEL In accordance with the Council 's decision regarding adjustment of the effective dates of employment of Barney Wilson, Sherry Hansen, and Gary Otheim, the following adjustments are required: 11 Payment to 'Wilson in the amount of $ 1 , 105.96; 2) Payment to Otheim of $ 120 and the addition of 3 days to his annual leave accrual ; 31 Payment to Hansen of $60.00 and the addition of 3 days to her annual leave accrual , said computations being made through March 31 , 1976. KITTO MOVED that the above directed settlement of the claim of Barney Wilson, Gary Otheim and Sherry Hansen for longevity pay and longevity vacation be approved, Johnson seconded. Motion carried. KENT COMMONS The City Attorney introduced Resolution No. 798 approving application for Referendum 29 funds and appointing the Mayor of the City of Kent as the contact person for Referendum 29 purposes. JOHNSON MOVED for the adoption of Resolution 798, Just seconded. In response to Storment 's question that if, with the passage of the resolu— tion, if the City receives the funds, the City would be bound to go ahead before we actually receive the funds, Street noted that the City is only making application for consideration but is not committed to accept the funds. The date the money is accepted, then the City will be committed to go ahead with the project . Notion carried, with Masters voting nay. FINANCE McCAUGHAN MOVED that the bills received by March 22, 1976 and approved by Finance Committee at its meeting to be held at 8:00 a.m. March 31 , 1976 be paid, Johnson seconded. Motion carried. The following claims were approved by the Finance Committee at its meeting on March 15, 1976: Current Expense $ 52,809.96 Parks & Recreation 8,642.52 Library 651 .99 City Streets 11 ,937.63 Federal Shared Revenue 4,038. 19 EVH — Willis to Grn Rvr 966.00 Reith Rd/Military 9.48 Smith St . — Central to 4th 1 ,403.00 So. 180th (W`VH—EVH) 145.85 104th Ave. Water Main 123,529.95 Equipment Rental 11 ,665.44 Housing & Comm Devlpmnt . 266.00 Firemans Relief & Pension 173.20 Leoff Disability 818. 12 Sewer 3,674. 14 Water 11 ,093.75 Garbage 33,735. 19 $265,560.41 Interest 8earina Warrants LID 278 Kent News Journal $ 40.66 MEETING ADJOURNED: 9: 15 p.m. Respectfully submitted, '�___A Bet t �Ca y, City Clerk Pro Tem