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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/04/1977 Kent, Washington April 4, 1977 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, Masters, McCaughan and Storment, City Administrator Street, City Attorney Mirk, Planning Director Harris, Public Works Director Ulett and Finance Director Winkle. Also present: Planning Commissioner Johnson and URS representative Ramsey. Approximately 20 people were in attendance at the meeting. MINUTES roved with the JUST MOVED that the minutes of the meeting of March 21, 1977 be approved following correction: On page 22, "Inter-Fund-Loans," the following portion of the third sentence should be deleted: ". . .and will earn interest at the rate of 5% per annum until such time as the advance is repaid." Storment seconded. Motion carried. HEALTH & SANITATION Utility Service. The following requests for utility service outside the City have been received: Service Name Location Requested Ray D. Sipes Lot 9-Link Addn. Sewer 9619 S. 246th Place Vicinity 97th Avenue S. p Peter A. Frame Proposed Plat Sewer & Water Mac-Land, Inc. Meadow Lane Armand Favro Lots 4 and 5 Sewer Kent Development Co. Uneedan Orchard Tracts John A. Phillips Lots 2, 3, & 4 on 94th Ave. S. Water between S. 240th & S. 248th KITTO MOVED that the requests be referred to the Public'Works & Planning Committee, Storment seconded. Motion carried. Seattle-Kent Leachate Interceptor. Mayor Hogan reported that the City of Seattle approved the Seattle-Kent Leachate Interceptor Agreement on March 24, 1977. A grant package, step I and II, has been submitted to the Department of Ecology for review and the Environmental Assessment has been printed. The Seattle Board of Public Works has approved plans and specifications which the Department of Ecology and Environmental Protection Agency will review. The grant offer is to be made in June. MASTERS MOVED that receipt of the signed Seattle-Kent Leachate Interceptor Agreement be noted in the minutes, Carey seconded. Mayor Hogan noted that Kent will continue to monitor the operation to see that the schedule is being met. Motion carried. Des Moines Sewer District. The Des Moines Sewer District, by their Resolution 1977-10, has adopted a plan for adding various sewer line projects to their comprehensive plan, and have asked for Kent's approval. None of the projects are in Kent nor affect areas likely to be annexed to Kent. KITTO MOVED to approve Des Moines Sewer District Reso- lution 1977-10, Storment seconed. Motion carried. STREETS Proposed LID for Scenic Hill Street Improvements. It was noted that preliminary Street. from Van de Vanter to Reiten engineering for thg, improvement of Guiberson Road and for the completion of portions of Hemlock, Alexander and Tilden has reached the stage where a meeting with the affected property owners can be scheduled and acceptability of the improvements determined. The meeting will be scheduled in the near future and a recommendation to the Council will follow. LID 281 - 104th Ave. S.E. Street Improvement. Bids for the improvement of 104th Avenue S.E. from S.E. 252nd Street to S.E. 260th Street were opened on April 5. The three low bidders, including alternates and tax where applicable; are as follows: .7 466,2934 � Pacific Paving $46 Scarsella Brothers 49,,677.34 .62 West Coast Construction Upon Ulett's recommendation, STORMENT MOVED, Carey seconded, to accept the best bid of Pacific Paving in the amount of $466,279.34, subject to approval of UAB. Ulett explained that the alternates included the traffic signal. Upon McCaughan's question, Ulett noted that the problems encountered by Pacific Paving on the Smith Street pro- ject were unusual and that the contractor was still within the time span for the contract. He pointed out that the 104th Avenue S.E. project would have a time limit of 200 calendar days and that meetings would be held with the schools, Telephone Company and Puget Power prior to construction. Motion carried. WATER Water District #105. In October, 1976, King County Water District No. 105 wrote ad- vising that they no longer needed Kent water and asking for termination of their agree- ment which called for the sale of water to them with a minimum monthly charge of $250. The agreement expired on January 1, 1977. The District used no water after the date of their October letter. It was noted that both parties agree that the meter and connection should remain in place so that either party might assist the other in an emergency. JOHNSON MOVED that the agreement was terminated on November 1, 1976 as requested, Carey seconded. Motion carried. 124th Avenue S.E. Joint Kent/Water District 111 Reservoir Project. A letter was read from Donald G. Holms, attorney, regarding the Kent/Water District 111 Joint Reservoir Construction Project. The letter noted that Mr. Jim Plemmons, owner of property approximately 600 feet from the proposed location of the water storage tank, had attended the last regular meeting of the Board of Commissioners of Water District 111 to advise the District that unless an exchange of properties was made, he would utilize his extensive financial and technical assets to block construction of the proposed tank so that the resulting delays in construction would increase the project cost considerably. Mr. Plemmons suggests that the District trade the planned site for the reservoir for a parcel of his property, approximately 20 feet lower in eleva- tion, which would result in increased costs of construction to the District and the City of about $20,000. Plemmons refuses to pay any of these additional costs which would result from such a property exchange. The letter further stated that after thorough consideration of Mr. Plemmons' proposal, the Water District Commissioners have concluded that the site owned by Plemmons would be advantageous to neither the City nor the Water District and could in fact cause complaints from other nearby property owners since the tank on the Plemmons' site would have to be 20 feet higher than the one presently planned. The letter further stated that the Water District Commissioners have decided that they do not wish to accept Mr. Plemmons' offer to exchange properties and that the matter be referred to the City for consid- eration also, due to the project being a joint one. STORMENT MOVED that the letter be accepted and made a matter of record, Carey seconded. Motion carried. Street noted that the three Commissioners of Water District 111, Gary Kline, Robert Sparks and Charles Wilson, were in attendance at the meeting, together with Walt Ramsey of URS. In response to Ulett's request, Mirk noted that Ramsey was more qualified to give his opinion as to the site location from an engineering standpoint. Ramsey noted for Masters that the original site selected was the best location in relation to water pressure. Mirk noted that from a legal standpoint Plemmons cannot prevent the project. Mirk recommended that the City follow the same course that the Water District has taken and leave the reservoir site as recommended by the engineers. Responding to McCaughan's statement regarding Plemmons' demand for an Environmental Impact Statement, Mirk noted that this document is always prepared for such a pro- ject. It was determined for Just that Water District ill has owned the property since June of 1971. It was noted that the site was shown on Kent's comprehensive plan for 1970 and that the site had been selected before Plemmons owned the property he now wishes to trade. It was determined that Plemmons' biggest objection to the reservoir site was because of view obstruction. Gary Kline noted that Water District 111 would like a formal letter giving the City's position on this matter. MASTERS MOVED that the City go on record as supporting Water District Ill in their position, Just seconded. Motion carried. Soils Investigation. It was noted that the foundation design for the Joint water District 111/Kent Reservoir must be preceded by a professional soils investigation. Through URS, Hart Crouser & Associates, Inc. has been selected. The proposal cost is $2,411 and acceptance is requested. JOHNSON MOVED that the proposal of Hart Crowser & Associates, Inc. in the amount of $2,411 be accepted, Masters seconded. Motion carried. PRELIMINARY PLATS East Hill Commercial Tracts. The Planning Commission held a public hearing on the East Hill Commercial Tracts Preliminary Plat on March 22 and recommended approval with conditions. McCAUGHAN MOVED that a public meeting to consider approval of the East Hill Commercial Tracts Preliminary Plat be held on April 18, 1977 to consider adoption or rejection of the Planning Commission's recommendation. Masters seconded. In response to Masters' question, Mirk noted that a public hearing is held on a pre- liminary plat only if the Council disagrees with the Planning Commission recommenda- tions. Motion carried. l: PRELIMINARY PLATS Randall Park Division #2. A public hearing was held by the Planning Commission on March 22 on the Randall Park Division #2 Preliminary Plat and approval with condi- tions recommended. MASTERS MOVED that a public meeting to consider approval of the Randall Park Division #2 Preliminary Plat be held on April 18, 1977, Storment seconded. Motion carried. ANNEXATIONS annex has been filed for an area of approximately Franks. A 10% Notice of Intent to 4.84 acres lying on the south side of S. 241st Street between 94th Avenue S. and endation of Administration, JOHNSON 96th Avenue S. In accordance with the recomm MOVED that the notice of intent be referred to the Public Works & Planning Committee at its meeting on Wednesday evening, April 6, 1977. Carey seconded. Motion carried. Euteneier. On March 28, the Council met with the initiators of the Euteneier pro- posed annexation of approximately 13.8 acres and informally expressed willingness for the annexation to proceed. JOHNSON MOVED that the proposed annexation is accept- able, that assumption of existing City indebtedness is required, and that authoriza- tion is granted for the circulation of an annexation petition, McCaughan seconded. Motion carried. Wilson Island Annexation. In accordance with the suggestion of the City Attorney, to clarify the action taken by the Council regarding the Wilson Island annexation at the March 21 Council meeting, JUST MOVED that the minutes do not accurately re- flect the action taken by the Council, which was: to find the proposed annexation to be acceptable, to require the assumption of existing City indebtedness and to authorize the circulation of an annexation petition, Storment seconded. Motion carried. Ulett noted that the 75% petition has now been received and verified by property management. In accordance with Ulett's recommendation, JOHNSON MOVED that the 75% Wilson Island annexation petition be accepted and forwarded to the Boundary Review Board for filing, Masters seconded. Motion carried. East Hill Tire. A 75% annexation petition for this 4.58 acre area located near 104th Avenue S.E. and S.E. 256th Street has been received and certified as sufficient. McCAUGHAN MOVED that the petition be accepted and to authorize the filing of a Notice of Intention to annex with the King County Boundary Review Board, Masters seconded. Motion carried. MOBILE HOME PARK COMBINING DISTRICTS. James L. Schmitt/Walnut Grove Mobile Home Park. The City Attorney introduced Ordi- nance No. 2024 approving the application of James L. Schmitt for a Special Use Com- bining District for the placement of a mobile home park in an area zoned MRM, Multiple Family Medium Density Residential, and imposing conditions upon said approval. JOHNSON MOVED that Ordinance No. 2024 be adopted, Carey seconded. In response to Storment's question, Harris noted that the new Mobile Home Park Code should be ready for Council consideration by the second Council meeting in May. Motion carried. Glen Morse Mobile Home Park. Ordinance No. 2025 approving the application of Glen Morse for a Special Use Combining District for the placement of a mobile home park in an area zoned MRM, Multiple Family Medium Density Residential, and imposing certain conditions upon said approval, was introduced by the City Attorney. McCAUGHAN MOVED for the adoption of Ordinance No. 2025, Johnson seconded. Motion carried. TRAFFIC CONTROL Truck Traffic - Clark & Jason Streets. Public Works Director Ulett reports that a plan for handling truck traffic on Clark and Jason Streets is very close to comple- tion. As soon as it is ready, it will be submitted to the Public Works & Planning Committee and it is suggested that they then hold a meeting with the property owners and renters involved. ASSIGNMENT OF EASEMENT Upland West Valley Industrial Park Plat. With the development of their plat, Upland West Valley Industrial Park was required to obtain a storm drain easement across Puget Power's property from Puget Power on behalf of the City. They have obtained the said easement and wish to assign it to the City. Upon review by the Public Works Department and the City Attorney, it is recommended that the easement be accepted. The City Attorney introduced Resolution No. 824 accepting the terms of an agreement assigning an easement to the City of Kent by the Union Pacific Land Resources Corpora- tion and authorizing the Mayor to sign said agreement. STORMENT MOVED that Resolution No. 824 be adopted, Johnson seconded. Motion carried. HOUSING & COMMUNITY DEVELOPMENT Winterization Program. A letter was read from Peter Sheperd, Coordinator, Housing & Community Development, King County Planning Division, regarding the Winterization Program which would operate in conjunction with other housing repair activities. The program would provide insulation, caulking, vapor barriers and other home energy con- servation elements for low and moderate income households. The letter noted that County Executive Spellman has requested the County Council's approval of a $25,000 application for Joint Project funds, which Projects have to be supported by more than one jurisdiction to be eligible for funding. Support is therefore being sought from Kent and other consortium cities. STORMENT MOVED to accept the letter and make it part of the record, McCaughan seconded. Motion carried. It was noted that this pro- ject was discussed at the last work session and the Council indicated at that time it would give consideration to the proposal. Accordingly, JOHNSON MOVED that the City of Kent proposes to be a co-sponsor with King County to the project and grant application for the "Winterization Program." Carey seconded. Motion carried. "Needs" Monies - Sidewalk Repair. At the last work session a recommendation was made to apply for Housing & Community Development "Needs" Monies for sidewalk repair; however, the area under discussion was determined to be ineligible. Therefore, it is recommended that an application be submitted for sidewalk repair/construction on both sides of Meeker and Gowe Street between lst Avenue and Railroad Avenue, which is an eligible area, and which would eliminate a pedestrian hazard. McCAUGHAN MOVED that an application be submitted for sidewalks, curbs and wheelchair ramps on both sides of Meeker and Gowe Streets from lst Avenue to Railroad Avenue, at a cost of $10,875 for 435 feet. Carey seconded. Motion carried. FIRE DEPARTMENT Masters expressed appreciation to the members of the Kent Fire Department for their prompt response and for the courtesy extended to her mother when a furnace exploded in her home. EQUIPMENT RENTAL The Equipment Rental Department has tested two used High Rise Bucket Lift Trucks. It appears that a 1966 Ford 1 1/2 ton truck and heavy duty bucket is the best buy, at a cost of $5,533.50. The amount budgeted for said purchase is $5,500. It was noted that the Attorney General has given his opinion that it is not necessary to place the selection of this unit to bid. KITTO MOVED that the Equipment Rental Department be authorized to purchase the 1966 truck and bucket lift for $5,533.50, including tax, Storment seconded. Motion carried. FLOOD CONTROL The Clerk read a letter addressed to Jean L. DeSpain, King County Director of Public Works, and to the Mayors of Auburn, Kent, Renton and Tukwila. The letter referred to a March 1 meeting in Kent chaired by Jean DeSpain which was attended by Valley Mayors and other King County officials and representatives of the Department of Housing & Urban Development, the Department of Ecology, the Corps of Engineers and the Soil Conservation Service. Topics of discussion included the modified Soil Conservation Service Watershed Projects, revised National Flood Insurance Regulations governing flood-proofing, the issuance of flood control permits in State Flood Control Zone 2 and the effect of continued encroachment on the Valley floodplain by landfill and development until Federal flood control projects are implemented. The ultimate pur- pose of the meeting was to discuss the formulation of a unified and equitable set of regulatory policies governing the issuance of development and flood control permits in the Green River Watershed, which was determined to be an immediate problem. Valley Mayors designated persons within their staffs whom the County could contact for future meetings. On March 9, the Valley Public Works & Planning Directors met with representatives of the King County Department of Public Works, Department of Planning & Community Development and the County's special study group to begin work on the matter. It was proposed that the Valley Planning Directors of the County's special study group would meet and draft an interlocal agreement for the County and Valley cities to cooperatively seek an approach for creating an interim policy and regulatory plan. The agreement has now been prepared and the letter urged that the respective legislative bodies authorize the signing of same. Such action was recom- mended by the signators as follows: David Clark, King County Green River Study Coordinator Mary Seabrands, Auburn Assistant City Engineer Jim Harris, Kent Planning Director Gordon Erickson, Renton Planning Director Kjell Stoknes, Tukwila O.C.D. Director JUST MOVED that the letter be accepted and made a part of the record, Masters seconded. Street noted that the proposed agreement had not as yet been received but that' a copy would be sent to each Councilperson prior to discussion of same at the April 11 work- shop. Motion carried. v . West Side Green River Watershed - Soil Conservation Service. A letter was read from Galen Bridge, State Conservationist, United States Department of Agriculture, notifying the City that as of March 31, 1977, the West Side Green River Watershed, King County, Washington, is being declared inactive. No further Public Law 566 funds, either for planning or installation of works of improvement, will be ex- pended for the project. The letter further noted that the placing of the project in an inactive status would enable the City of Auburn, King County and local citi- zens groups to effectively deal with the land use issue, retention of prime agri- cultural lands, and wetland problems without the influence of a master flood relief plan that is no longer acceptable to them or responsive to local needs. In addition, King County has requested the Corps -of Engineers to instigate a study of alternatives to provide additional capacity in the Green River, which would provide additional opportunities and alternatives to solve West Side problems in the future. If such problems can be resolved satisfactorily, reactivation of the project will then be considered. It was also noted in the letter that landowners and operators in the West Side area may still avail themselves of SCS assistance through the King County Conservation District on an individual or group basis. MASTERS MOVED that the letter be accepted and placed on file, McCaughan seconded. The Mayor noted that the matter now is placed in the hands of the cities as far as future planning for the Valley is concerned. Motion carried. Mirk stated that he felt the City should make a formal response to the letter, noting that the letter had been received, read at the Council meeting and made a part of the record. He noted further that the abandonment of the West Side Green Rivecities. Watershed was contrary to the terms of the agreement which was adopted by theHe stated that under the terms of the agreement, the plan cannot be changed or modified without agreement of all the parties concerned. In response to Mayor Hogan, he noted that the reply to the letter is concerned only with Kent, regardless of any action taken by Auburn. Masters questioned whether any clarification had been given by the Department of Agriculture for dropping the project. Mirk re- ferred to another letter which determined that the "new" position of the Corps of Engineers is such that they cannot pump additional water into the Green River. He noted that they acknowledged that they have known since 1971 that the East and West Side Plans would put twice as much water into the River as they claim the Corps of Engineers authorized in 1966. Upon Mirk's recommendation, McCAUGHAN MOVED that the City go on record as acknow- ledging receipt of the letter and the resulting breach of contract by the Depart- ment of Agriculture by abandonment of the West Side Watershed Project and that the Department of Agriculture be formally notified of the City's position on the matter immediately. Johnson seconded. Motion carried. Modification of East and West Side Green River Flood Control Projects. Street noted that the Mayor's memorandum to the Council was presented at the March 21 Council meeting and was discussed at the last work session. The memo called for a moratorium on development on the West side of the Green River for all properties lying below approximately the 100-year flood elevation and on rezones of M-A zoned lands lying between the West Valley Highway and the Green River and S. 212th and James Street. He stated that it was determined that the Council would hold a series of public hearings on the matter, with the first of such hearings to be held on April 18. Such hearings would be designed to receive public input regard- ing the proposed moratoriums. STORMENT MOVED that the first of such public meetings be held on April 18, Masters seconded. Motion carried, with Just voting nay. PUGET SOUND COUNCIL OF GOVERNMENTS Interlocal Agreement. A letter was read from Charles Hill, Snohomish County Com- missioner, President, PSCOG, noting that at the Full Assembly meeting on February 17, 1977, the local government membership of the PSCOG approved the use of an Interlocal Agreement to serve as a legal mechanism to formally establish the re- structured organization. The letter requested that each member agency become a party to the Interlocal Agreement by appropriate Council action, prior to May 12, 1977, the effective date of the Agreement. MASTERS MOVED that receipt of the letter be noted, Storment seconded. Motion carried. STORMENT MOVED that the Attorney be directed to prepare the appropriate resolution for consideration at the next Council meeting, Just seconded. Motion carried. Application for Capacity Building Funds. At the last work session a discussion was held concerning planning capacity building funds. It was noted that a letter from PSCOG regarding this subject had been distributed to each Councilperson and is on file with the City Clerk. It was noted that, as discussed at the workshop, the Mayor sent a letter to PSCOG requesting $10,000 in capacity building funds to assist in planning and/or engi- neering assistance in the possible development of the present control of storm water. A copy of this letter has been distributed to the Council and is on file with the Clerk. The Mayor noted that two words in the letter had been corrected. KITTO MOVED to accept the letter from the Mayor as corrected and to accept the PSCOG letter. Storment seconded. Motion carried. KITTO MOVED that the Council concurs with the request submitted by Mayor Hogan, Carey seconded. Motion carried. BEAUTIFICATION Historical Preservation District. At the last work session, Dennis Neifert, architect, submitted a slide presentation and requested consideration of First Avenue South from Gowe to Titus as a possible Historical Preservation District. The Planning Department has been alerted to this request. Storment noted that he had talked to two or three property owners in the area, including Bill Fortune, who were not aware of the proposal. Harris noted that an attempt was being made to keep all property owners informed and that Bill Fortune was aware of what was being considered. SISTER CITY PROGRAM Cherry Trees Purchase - Kent-Kaibara Town Affiliation Committee. Ordinance No. 1500 which established the Cumulative Reserve Park Fund states. . . "The monies in said fund shall be allowed to accumulate from year to year, until the Mayor and City Council shall determine to expend the monies. . . " A purchase order has been written by the Parks Department expending the $540 donated by the Kent-Kaibara Sister City organization for 24 Kwansan Flowering Cherry trees. The trees were placed in the nursery and will remain there until they can be planted in Lower Mill Creek Park. MASTERS MOVED that Purchase Order #37768 in the amount of $540 to purchase flowering cherry trees be approved, Johnson seconded. In response to Masters' question, it was determined that approximately $4,000 remained in the fund. Motion carried. PROCLAMATION A proclamation was read by the Mayor declaring April 9, 1977 as "Kentridge Bike-a- Thon Day" and urging all citizens to support this fund raising activity for the Kentridge High School music programs. COUNCIL COMMITTEE MEETINGS Public Works & Planning. Storment reported that the Public Works & Planning Com- mittee would meet this week at 7:30 p.m. on Wednesday, April 6, in the Council chambers. FINANCE McCAUGHAN MOVED that the bills received on or before April 5, 1977 and approved by the Finance Committee at its meeting to be held at 8:00 a.m. April 15, 1977 be paid, Johnson seconded. Motion carried. Claims approved by the Finance Committee at its meeting of March 31, 1977 are as follows: Federal/State Grant Fund 250.83 Current Expense 87,207.76 Parks and Recreation 5,180.69 2,509.66 Library 16,117.20 City Streets Federal Shared Revenue 15,511.32 Kent Commons Construction 3,649.35 Smith/Central to 4th 21,227.50 S. 180th (WVH-EVH) 7,215.00 104th Ave. S.E. Street Improvement 19,283.70 124th S.E./WD 111 Resrvr 553.27 Equipment Rental 21,357.00 Employees Retirement 754.70 Hsng & Comm Development 21,617.19 Arts Commission 1,475.60 Firemans Relief & Pension 145.63 Leoff Disability 3,359.13 Sewer 49,414.08 Water 13,252.44 100.00 Garbage $290,182.05 Interest Bearing Warrants L $ 900.00 ID 280 104th Ave. Improvement 6,100.00 $ ,100.00 MEETING ADJOURNED: 9:00 o'clock P.M. Respectfully submitted, Marie Jensen, CMC City Clerk