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