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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/03/1978 Kent, Washington April 3, 1978 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. Present: Mayor Hogan, Councilpersons Billie Johnson, J. Johnson, Just, Kitto, Masters and McCaughan, City Administrator Street, City Attorney Mirk, Planning Director Harris and Public Works Director Ulett. Councilperson Carey and Finance Director Winkle were absent. Also present: City Treasurer Drotz, Planning Com- missioner Hamilton and URS representative Ramsey. Approximately 15 people were in attendance at the meeting. MINUTES KITTO MOVED to approve as printed the minutes of the regular meeting held March 20, 1978 and the special meetings held on March 23, 1978 and March 27, 1978, B. Johnson seconded. Motion carried. HEALTH & SANITATION Kent Highlands Landfill Site. It was noted that on March 28, 1978 the City Attorney was requested to prepare a report regarding the possible closure of the Kent High- lands Landfill site. Mirk stated that it was his recommendation that Kent Highlands, Inc. be directed to apply to the Planning Commission for a Special Use Combining District permit by April 18, 1978, so that a public hearing could be held before the Planning Commission in May, and if such application is not made that the opera- tion be shut down as of that time. B. JOHNSON SO MOVED, Masters seconded. Mirk and Harris explained for McCaughan that if such application is filed a hearing would be held by the Planning Commission and the Commission would then make a recommenda- tion to the City Council for consideration at a hearing by the Council. It was noted that the Mayor had sent a notice to the City of Seattle advising them to apply for such a permit but Seattle had advised that the original permit was granted to Kent Highlands, Inc. , not to Seattle. Mirk stated that the time limitation on the permit is tied to the agreement between Seattle and Kent Highlands. Motion carried. Cascade Sewer District. A letter was read from Mrs. Ethel Hanis, General Manager, Cascade Sewer District, noting that the District is planning to construct the Springbrook Interceptor this year, and is moving as rapidly as possible to accom- plish that goal. The letter noted the project was subject to easement acquisition, drafting of an agreement with the City of Kent, and project funding. MASTERS MOVED that the letter be accepted and referred to the Public Works Committee, Kitto seconded. Motion carried. Hughes-Ulleland Sewer - LID 280 Bonds. The City Attorney introduced Ordinance No. 2084 authorizing the sale of LID 280 bonds to Foster & Marshall, Inc. , Seattle, Washington. MASTERS MOVED to adopt Ordinance No. 2084, B. Johnson seconded. Motion carried. STREETS Gowe Street and Sixth Avenue Two-Way Change. The City Attorney introduced Ordi- nance No. 2085 changing Sixth Avenue from Meeker Street to Gowe Street to a two- way street; and changing Gowe Street from Sixth Avenue to South Central Avenue to a two-way street. McCAUGHAN MOVED for the adoption of Ordinance No. 2085, Just seconded. In response to Masters, Street noted that it was expected that the streets would be so well signed there would be no difficulties encountered in the changeover. McCaughan questioned whether left turns would be allowed from 6th Avenue into Meeker Street near the railroad tracks and opined that this might be hazardous due to the proximity of the intersection to the tracks. Ulett noted that it was a gated crossing but he would check into the matter. Motion carried. Storment stated that he wished to go on record as being opposed to making Gowe Street a two-way street west of Fourth Avenue because of the hazards to the motoring public. Six Year Comprehensive Street Plan Amendment. The City Attorney introduced Resolu- tion No. 840 amending the 1978-1983 Comprehensive Street Plan to include the im- provement of S. 180th Street in the 1978 time frame. MASTERS MOVED for the adop- tion of Resolution No. 840, B. Johnson seconded. Motion carried. TRAFFIC CONTROL No Parking Zones. The City Attorney introduced Ordinance No. 2083 establishing "No Parking Zones" within the City of Kent, and repealing Ordinance No. 2007. MASTERS MOVED that Ordinance No. 2083 be adopted, Just seconded. Motion carried. STREETS Kent-Kangley Improvement. The Washington Department of Transportation has submitted a letter of understanding, which will enable them to proceed with their proposed widening project to a point where a formal agreement with Kent can be submitted for our approval. B. JOHNSON MOVED that the Mayor be authorized to sign the letter of understanding, Just seconded. Motion carried. Reith Road Gravel Pit. It was noted that at the April 10 Council work session, the State Highway Department's plan to remove gravel to be used on the Kent-Des Moines Road will be reviewed. The review will be open to the public and the Haul Permit to take the gravel to the road construction site will also be reviewed. A repre- sentative of the Washington State Department of Transportation will be in attendance at the meeting. A letter was read from John L. Fournier, Sr. , Fournier Newspapers, asking that the Council go on record as supporting the immediate construction of the final link of SR 516 to the Valley Freeway. B. JOHNSON MOVED that the letter be accepted, Masters seconded. Mayor Hogan explained that the letter referred to King County Councilmen Lowrey and Grant and their concern about the agricultural land. She noted that this would be an agenda item at the next work session. Motion carried. WATER Proposed LID Water Main on 76th Ave. - LID 286. A letter was read from R. J. Brooks regarding the proposed LID for water mains on 76th Avenue So. and stating his ob- jections thereto. He asked to be advised as to when the matter will be heard by the Council. MASTERS MOVED that the letter be accepted and referred to the Public Works Committee, B. Johnson seconded. Motion carried. Bill of Sale - Walnut Grove Mobile Home Park Water Main. The Engineering Department has received a Bill of Sale and Warranty Agreement for the water main constructed into the Walnut Grove Mobile Home Park located on Maple Lane and recommends accept- ance. Accordingly, B. JOHNSON MOVED to accept the Bill of Sale and Warranty Agree- ment and for the cash bond to be released upon payment of any outstanding City bills against the project, J. Johnson seconded. Motion carried. PARKS & RECREATION A letter was read from Robert L. Wilder, IAC for Outdoor Recreation, expressing appreciation for the valuable assistance given by Parks Director Wilson on the Local Agency Project Evaluation Team. KITTO MOVED that the letter be accepted and made a part of the record, with a copy forwarded to Wilson, McCaughan seconded. Motion carried. Kent Area Activities Council. A letter was read from Fritz Gilbreth, President, Kent Area Activities Council, expressing opposition to the proposed facility use fee schedule policy of the City of Kent whereby non-profit community service organi- zations would be charged to use City facilities. MASTERS MOVED that the letter be accepted and referred to the Parks Board, Just seconded. Motion carried. Lower Mill Creek Consultant Selection Committee. It was noted that Mayor Hogan has appointed the following to the Lower Mill Creek Consultant Selection Committee: Barney Wilson, Parks Department Don Wickstrom, Engineering Department Bob Kitto, Member - Public Works Committee Terry Costello, Member - Park Board Jim Harris, Planning Department Len McCaughan, Member - Parks Committee Bids - Fertilizer. Bids were opened on March 24, 1978 for 15 tons of fertilizer for general Park use as follows: Bid Alternate Charles M. Lilly Co. $3,434.72 $3, 339.86 Nulife Fertilizer 3,121.47 2,932.29 0. M. Scott & Sons Bid not in agreement with City specifications B. JOHNSON MOVED that the low alternate bid of Nulife Fertilizer in the amount of $2,932.29, including tax, be accepted, McCaughan seconded. Motion carried. FIRE DEPARTMENT Purchase of Equipment. A letter was read from the Kent Chamber of Commerce recom- mending that the City of Kent purchase two "Jaws of Life" rescue tools for the Kent Fire Department to enable the Fire Department personnel to free trapped victims in vehicle accidents, as well as in aircraft, railroad, commercial and industrial rescue areas. MASTERS MOVED that the letter be accepted and placed on file for consideration at budget preparation time, Kitto seconded. Motion carried. CIVIL SERVICE COMMISSION Reappointment. Mayor Hogan proposes to reappoint Donald Whitener to the Civil Service Commission as the term he is currently filling expires April, 1978. (Hankins unexpired term) . His new term will expire in April, 1984. JUST MOVED that the reappointment of Donald Whitener to the Civil Service Commission be approved, Kitto seconded. Motion carried, with J. Johnson voting nay. BUILDING CODES APPEALS BOARD City Attorney Mirk reported that there was no necessity to pass an ordinance creating an Appeals Board to hear appeals from decisions of the Building Director since each of the various Codes creates such a Board. He noted that he was work- ing with the Fire Marshall to define the duties of the various Boards and the manner of appointments to such Boards, and that a report will be brought to the Council for consideration. FINAL PLAT Eastridge Division #2 Final Plat. It was noted that the Ea stridge Division #2 Final Plat has been received and B. JOHNSON MOVED that a public hearing on the Final Plat of Eastridge Division #2 be held on April 17, 1978, Kitto seconded. Motion carried. ANNEXATIONS Osborne No. 3. The Council reviewed the proposed Osborne No. 3 annexation with the proponents at the last work session. B. JOHNSON MOVED that the proposed annexation is acceptable, that assumption of the existing indebtedness is required, and that authorization is granted for the circulation of an annexation petition, McCaughan seconded. Motion carried. Uplands. A notice of intention for this proposed annexation has been received and certified as representing 100 or more of the assessed valuation of the area. The proposed annexation is the former Briscoe School property located west of the West Valley Highway and north of Boeing, containing approximately 215.54 acres. J. JOHNSON MOVED that a meeting with the initiators be held at 7 p.m. at the April 10, 1978 work session, Just seconded. Motion carried. SATURDAY MARKET Street Closure - First Avenue from Gowe to Meeker. A letter was read from Pete Curran, Saturday Market Chairman, noting that the Saturday Market Board had selected First Avenue from Gowe to Meeker as the desired location of the Saturday Market for May through October, 1978. The letter requested approval of the pro- posed closure of First Avenue from Gowe to Meeker beginning May 6, 1978 and each following Saturday thereafter through the end of October from the hours of 7:00 a.m. to 5:00 p.m. It was determined that the Traffic Engineer had no objection to the proposal and MASTERS MOVED to approve the closure of First Avenue as re- quested, B. Johnson seconded. Motion carried. BUSINESS LICENSE P. R. Burke. A letter was read from Patrick R. Burke requesting a hearing with the City Council and/or Appeals Board regarding the City's recent refusal to issue him a business license for a body and fender shop at 720 South Central, the Stokes Building. Mr. Burke noted that the Fire Marshall had advised him that the business he proposed was not an allowable operation under the City's Fire Code. Burke noted the difficulty appeared to be that spot painting would be done in an open area rather than a paint booth. The City Administrator noted that Mr. Burke had not officially made application for a business license, but that such licenses re- quired approval of the Fire/Building Department. Burke referred to conversations with former City of Kent Building Director and Mr. Stokes and noted that there were no objections to the proposal at that time. Burke stated that all of the body and fender shops in Kent did spot painting outside of their paint booths and suggested, therefore, that these businesses were also in violation of City Codes. He suggested that a variance be granted for at least six months to allow him time to raise the necessary capital to construct the booths. Street suggested that he be authorized to investigate the statements of Mr. Burke regarding other similar operations allowed in Kent and then report back to the Council. JUST SO MOVED, Masters seconded. Street noted that he would attempt to have the information available by the next work session and Burke was so advised. Burke further noted that a 24' x 24' building was presently under construction which met the fire codes, which building would be ready in about six months. Motion carried. HOUSING & COMMUNITY DEVELOPMENT HUD "701" Funding for Fiscal Year 1979. Harris noted that the matter of available "701" funds for Washington cities was discussed at the March 20, 1978 Council meet- ing. He noted that $100,000 was available for cities under 50,000 population and that the Planning Department has come up with one project which might be eligible for such funding--that of a "Disaster Mitigation Plan & Program. " He noted that Fire Chief Foster would like to get this program underway again. He also noted that Chief Foster has been working with other Fire Departments in the area to identify the problems and it has been determined that this may be a project which the State will funds. He suggested that the City send a letter of intent to the State that Kent would prepare a Disaster Mitigation Plan & Program." The Mayor noted that this project was more appropriate for "701" funds than the flood control project and that other solutions for funding of flood control problems will be in- vestigated. Harris reviewed the scope of a "Disaster Mitigation Plan & Program" for Masters and referred specifically to railroad or freeway chemical spills, earthquakes or landslides. Mayor Hogan noted that $5,000 has already been included in the Fire Department budget to be used for local matching funds. MASTERS MOVED that the Mayor be authorized to sign the letter of intent as requested, B. Johnson seconded. Motion carried. CLAIM Puget Sound Power & Light Co. The Clerk noted receipt of a claim today from Puget Sound Power & Light Company for damage to underground electrical facilities by Kent Water Department employees in the vicinity of 4515 South 263rd Street. JUST MOVED that the claim be accepted and referred to the City Attorney, Masters seconded. Motion carried. HEALTH & SANITATION Harold Hill Sewer Acceptance. It was noted that acceptance of the Harold Hill sewer lines without DOE approval was discussed at the last work session. All other require- ments for acceptance have been met for the line along the East Valley Highway and the line running east from East Valley Highway in Hill's East Valley Short Plat, also known as Phase I, II and III. J. JOHNSON MOVED TO TABLE the matter to the April 17 meeting, Masters seconded. Johnson explained that he proposed to table the matter because all of the Council members were not present tonight, and that the matter should be voted upon by the full Council. Motion carried, with Just and Kitto voting nay. Mr. Hill voiced his objection to further delay on the matter. Immediately prior to adjournment, Hill noted that last week, at the work session, he had been told that action would be taken tonight, and objected to further postponement because of the absence of one Council member. Just stated that he understood that Carey (who was absent from tonight's meeting) was prepared to accept the line. Masters stated that Carey had advised her that there were some legal questions to be answered and that he wanted action on acceptance withheld until the City Attorney had supplied the answers. Kitto stated that any legal questions should have been asked of Mirk a long time ago and that he agreed with Hill that the matter had been delayed many times and that action should be taken. Just and Mirk stated that they had no prior knowledge that Carey would pose legal questions on the matter. It was determined that Carey was out of town and would be gone for one week. Kitto sug- gested that a special meeting be held immediately upon Carey's return to the City. Upon further questions, Mirk stated that DOE rules and regulations are not being ignored; that State statutes say that DOE approves the plans, not the system. He noted that the fact that DOE will not approve the system because it is already in- stalled, does not constitute a legal problem for the City. Hill stated that he had followed all of the City requirements, and that he had not been aware that DOE approval of the plans for the sewer line was necessary. Mirk stated that if Carey provided the questions to him on Monday, he would endeavor to have the answers by Monday night. Masters and Johnson asked to have copies of any correspondence relat- ing to this matter. KITTO MOVED to have a special meeting on Monday, April 10, 1978 at 7:00 o'clock p.m. to discuss the acceptance of the Harold Hill sewer line, Just seconded. Motion carried, with no dissenting votes. BUDGET Mayor's Salary Increase Request. A letter was read from Henry C. Towne voicing his opposition to the proposed increase in salary for the Mayor. MASTERS MOVED that the letter be made a part of the record, McCaughan seconded. Motion carried. FINANCE COMMITTEE B. Johnson noted that minutes of the Finance & Personnel Committee meeting would be distributed this week. She referred to the Committee discussion regarding microfilm equipment requested by the Police Department and noted that funds which were budgeted for personnel in the Police Department, amounting to about $20,000, would be used for this purpose. She also referred to the remodeling of the old storage shed at Kent Memorial Park for a concession booth and noted that funds would be transferred within the Parks budget for this purpose. Johnson also noted that the cost overrun on the Kent Commons was discussed at the meeting. Mayor Hogan noted that her request for a salary increase was also discussed at the Finance Committee meeting and asked that the matter be put to a vote. Johnson stated that the Committee had not recommended in favor of the increase and suggested that the full Council be present before the matter came to a vote. FINANCE McCAUGHAN MOVED that the bills received on or before April 4, 1978 and approved by the Finance Committee at its meeting at 3:00 p.m. on April 14, 1978 be paid, Just seconded. Motion carried. Claims approved by the Finance Committee at its meeting of March 31, 1978 are as follows: Current Expense $ 73,186.23 Parks & Recreation 13,828.51 Library 2,022.51 City Streets 12, 382.18 Kent Commons Operating 443.45 Federal Shared Revenue 10,930.55 Russell Road Park, Ph. II 8,407.06 Kent Commons, Ph. I 4,088.70 Smith/Central to 4th 13.10 104th Ave. Street Improvement 11,866.50 Kent Springs Chlor. Equipment 184.83 West Hill Booster Pump 56.16 116th Ave. Trans. Main 1,534. 30 Equipment Rental 8,239.74 Housing & Comm. Dev. 8,215.92 Arts Commission 185.00 Firemans Rel & Pension 30.00 Leff Disability 4,101.47 Sewer 66,023.65 Water 33,283.00 Garbage 454.63 $259,477.49 Interest Bearing Warrants Kent Commons, Phase II City Transfer $ 3,614.00 R.W. Huff Construction 6,234.41 Kent News Journal 51.48 $ 9,899.89 MEETING ADJOURNED: 9:15 p.m. Respectfully submitted, Marie Jensen, CMC City Clerk