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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/05/1978 Kent, Washington September 5, 1978 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. Present: Mayor Hogan, Councilpersons Carey, B. Johnson, J. Johnson, Just, Kitto, Masters and McCaughan, City Administrator Street, City Attorney Mirk, Planning Director Harris, City Engineer Wickstrom, and Finance Director Winkle. Public Works Director Ulett was not in attendance. Also present: Planning Commissioner Hamilton and URS representative Ramsey. Approximately 15 people were in attendance at the meeting. MINUTES B. JOHNSON MOVED that the minutes of the regular meeting of August 21, 1978 be approved as printed, Carey seconded. Motion carried. PRELIMINARY PLAT Eastridge Division No. 3. The public hearing held at the August 21, 1978 Council meeting to consider the Eastridge No. 3 Preliminary Plat was continued to this meeting to enable the staff to determine an estimated cost of acquisition of right-of-way for S.E. 232nd Street and the source of such funding. This was one of the conditions recommended by the Planning Commission for plat approval. The continued public hearing was opened by the Mayor. It was determined that the estimate of the City Property Manager for acquisition of the subject right- of-way would be $7,500 and the source of funding would be the 1978 Street Fund. There were no comments from the audience and no correspondence has been received. McCAUGHAN MOVED that the hearing be closed, Carey seconded. Motion carried. CAREY MOVED that the Preliminary Plat of Eastridge Division No. 3 with the five conditions set forth in the Council minutes of August 21, 1978 be accepted, and that the City staff be directed to comply with Condition No. 6. Just seconded. It was determined for B. Johnson that Condition No. 6 referred to acquisition of the necessary street right-of-way. Motion carried. HEALTH & SANITATION LID 282 - K-Mart Sewer. In installing the manholes on the existing force main for the K-Mart Sewer, the contractor, Skip Jacobson Construction, has been unable to locate the said force main with respect to the manhole at the West Valley Highway and the Green River Bridge. Two attempts were made, with the second attempt being made after the line was electronically pinpointed. After the line was in fact there, it was at a depth not useable for gravity service. The proposal is to bore across West Valley Highway and lay new line, thereby bypassing the problem area, at an estimated cost of approximately $16,634.77. The Public Works Committee has recommended approval of the requested change order. CAREY MOVED that the City approve the requested change order for Skip Jacobson Construction Co. for the revisions to the said sewer system in the amount of $16,634. 77, B. Johnson seconded. Motion carried. 201 Wastewater Facilities Plan. A Final Environmental Impact Statement has now been completed on the 201 Wastewater Facilities Plan and it is recommended that the public hearing on the Plan be scheduled for October 2, 1978. JUST SO MOVED, Carey seconded. Motion carried. STREETS Joint Renton/Kent S.W. 43rd S./180th Street Improvement Project. UAB has offered a $22,500 grant for preliminary engineering for the above described project. The project was part of the approved street projects covered by the $1,500,000 Councilmanic Bond Issue. In accordance with the recommendations of the Public Works Committee, MASTERS MOVED that the Mayor be authorized to sign the Joint Grant Agreement, Carey seconded. Motion carried. SR 516. In response to McCaughan's question, Mayor Hogan noted that she had sent a letter to Mr. Spellman asking that further consideration be given to the exchange of land now suggested by the Department of Transportation. She noted that the suggested exchange of property near Algona had not been acceptable to the County and efforts were continuing to arrange a trade agreeable to both parties. She also noted that Mr. Zirkle of the Department of Transporta- tion had advised that unless an agreement could be reached it would be necessary to suggest that the funds set aside for the project be withdrawn. She also noted that Spellman and Zirkle will meet this week regarding the issuance of the necessary permit. The Mayor pointed out that there was nothing further that Kent could do until the Department of Transportation decided to appeal the denial of the permit. In response to McCaughan's question, Mayor Hogan stated that all parties concerned were aware that the Mayor represented the majority of the Council and the City in her efforts to negotiate a settlement of the problem. 6-Year Plan from King County. The Engineering Department has received the 6-year King County Street Plan for approval. UAB requires review by adjacent govern- mental agencies with respect to joint or conflicting projects. The Public Works Committee recommends approval of the 6-Year Plan and suggests including comments for the County to give consideration to improvement of streets feeding traffic into Kent. B. JOHNSON MOVED that the City approve the 6-Year Street. Plan from King County, Masters seconded. At McCaughan's request, Mayor Hogan noted that a letter would be included asking that consideration be given to the streets leading into Kent and addressing the subject of growth in the surrounding area. Motion carried. RAILROAD CROSSINGS Kent Valley Industrial Park. Reference was made to a letter from Upland Indust- ries regarding the immediate extension of North 4th Avenue in their development plans for the Kent Valley Industrial Park and their request for the construction of two railroad grade crossings on 4th Avenue to serve industries on the east side of 4th Avenue in a limited area. Harris reported that the letter had been referred to the Public Works Committee who informally referred the matter to the Short Plat Committee for a final decision as to whether they should be allowed. He noted that in the past the matter of railroad spur crossings has always been a Council decision and not a staff decision. He noted that the Short Plat Com- mittee had therefore taken no action. He also noted that the letter from Upland Industries was on file but that no formal public hearing had been held on their request. Kitto also noted that the matter had been discussed at a workshop meeting. B. JOHNSON MOVED that Chief Foster should be in attendance at the workshop session of September 11 to give input regarding the Fire Depart- ment's views toward allowing the crossing, at which time further discussion would be held. Carey seconded. Street noted that Chief Foster would be out of the City at that time but would be asked to have a representative in atten- dance at the meeting with the necessary information. Motion carried. STREET VACATION S. 192nd Street. At the last Council meetir;c tYLe vEtcat.ion of a portion of S. 192nd Street was approved subject to a trade of land or payment therefor. Upland Industries has had the property appraised and proposes to pay in lieu of trade. The property was appraised at $4,700 by the appraisal firm of Conger, Schueler and McKown, Inc. and it is recommended that the appraisal be accepted. In accordance with the provisions of Ordinance No. 1934, the petitioner will pay half of the appraised value. KITTO MOVED that upon payment of the sum of $2,350, the City Attorney be directed to complete the ordinance vacating the portion of S. 192nd Street, Carey seconded. Motion carried. SUBDIVISION CODE Amendment. The Planning Commission has recommended that the Subdivision Code be amended as follows.: "Section 3.2. 3 (Sidewalks in Industrial Subdivisions. All industrial arterial (90' right-of-way) , industrial collectors (80' right-of-way) , and commercial streets (60' right-of-way) shall have sidewalks a minimum of five feet in width, on both sides. All industrial and commercial access streets which are also 'through' streets shall have sidewalks a minimum of five feet in width, on one side." A public hearing on the proposed amendment was continued by the Council from the August 21 meeting to this meeting. The hearing was reopened by Mayor Hogan. Mr. Taylor of the Taylor-Edwards Warehouse of 21255 - 76th S. objected to the proposed amendment, noting that: 1) the cost would be prohibitive; 2) there was already a flooding problem in the area and if sidewalks were required, they would cover the existing ditches, making it necessary to install piping to handle the drainage problem; and 3) there is not pedestrian traffic in the industrial parks. Dave Uhrich noted that some other cities were requiring sidewalks in industrial plats, and suggested that consideration should be given to the types of streets which would require walks. He pointed out that Kent's Zoning Code precludes commercial operations in industrial plats, and therefore the foot traffic was light. Bob Sandwick, attorney for Benaroya, noted that the ordinance does not dis- tinguish between a warehouse use and more highly intensive use of streets. A letter was read from the Society of Industrial Realtors noting that sidewalks should not be required in industrial parks considering the low use factor and the high cost. MASTERS MOVED to make the letter a part of the record, Carey seconded. Motion carried. Harold Hill agreed with the letter and noted that this requirement would take ten additional feet, and the costs of the walks would increase the cost of developing an industrial park by approximately 6%. He agreed with Uhrich that some industr isl areas such as the East Valley Highway needed sidewalks, but that there was not enough foot traffic in the industrial parks to warrant the sidewalk requirement. J. Johnson commented that this proposed amendment would affect only new plats. Harris clarified for him that conditional exceptions have been granted to allow restaurants, banks and other supportive types of commercial businesses in industrial plats. There were no further comments and JUST MOVED to close the public hearing, McCaughan seconded. Motion carried. JUST MOVED to accept the recommendation of the Planning Commission, J. Johnson seconded. Motion carried, with Kitto voting nay. SIDEWALKS Sidewalk Requirements. At the last work session the requirement for concrete side- walks was discussed. It was indicated informally that the time has come to require concrete sidewalks in all developments in the City. Consideration was also given at this meeting to sidewalks in industrial plats. It was suggested that in accord- ance with action taken on that item, two courses of action might be taken: 1) develop the necessary regulations to require concrete sidewalks in all new plats, plus the start of a program to install sidewalks in already developed properties, or 2) con- tinue to vacillate between each new development. JUST MOVED that the staff be directed to develop a full concrete sidewalk plan for the City, Carey seconded. Motion carried. WATER Water District 75 Service - South End of Lake Fenwick. The Public Works Committee recommends that the request from Land Planning and Management for approval to obtain Water District 75 water service to property water service to property on the east side of the Lake near the south end be granted but that the property first be annexed to Kent and it be agreed with the District that the system will become Kent's when it connects with the Kent water system. CAREY MOVED that the Public Works Com- mittee recommendation be adopted, J. Johnson seconded. Dave Millard stated that the principals of the proposed Lake Fenwick Estates development were in favor of annexation to the City and noted that he had just secured an annexation petition form. He noted that the requirement that the annexation be accomplished before the City approved service by Water District 75 might present a problem. He ex- plained that if the developers could not obtain sufficient signatures on the pe- tition that the area could be reduced in size. He asked, therefore, that the service be allowed without this requirement, noting further that the owners of the proposed development would go on record as favoring annexation to the City. Kitto and McCaughan explained that the intent of the recommendation was so that the City could monitor the development of this property above Lake Fenwick. B. JOHNSON MOVED TO TABLE the matter to the next meeting to allow time for the annexation petition to be circulated. There was no second to the motion. It was pointed out that the annexation proposal could be reduced in size if sufficient signatures could be be secured for the original proposal. The original motion CARRIED, with B. Johnson dissenting. Request for Outside Water Service - Anderson. J. Kirk Anderson requests outside water service for Lots 11 and 12, Coates Addition, located on lllth Avenue S.E. at S.E. 256th Street. The water main is adequate to serve the two single family dwelling lots and was constructed by Everett Coates who sold the property to the Andersons. A letter in the City files notes that water service is available for the Coates Addition. The Public Works Director considers the letter to be a commitment to provide water service but recommends that an agreement for future annexation be required. It was noted that no Boundary Review Board action is necessary. JUST MOVED that the request be granted and an annexation agreement be required, Carey seconded. Motion carried. Wilson Outside Water Request. Cal Wilson has requested outside water service for a vacant, single family dwelling near S.E. 273rd Place and 154th Avenue S.E from a line connected to the Kent Springs Transmission Main. He is removing two dwellings (one meter) from the same system and having them served by Water District No. 111. The Public Works Director recommends that service be refused on the basis that we should be attempting to remove all services from the trans- mission main. B. JOHNSON MOVED that the request be denied, Carey seconded. McCaughan noted that this matter was not discussed before the Public Works Committee. He asked if the Council proposed to set a policy refusing outside requests, or would each request be considered separately. Street clarified that Ulett had recommended that no requests for service on the transmission line be granted except to those to whom we had already committed service in the past. McCaughan asked if the City would go on record setting the policy that connections to the transmission line would not be allowed until the City's water problems are solved. Kitto opined that this matter should be discussed at the first Public Works Committee meeting following Ulett's return from vacation. Upon McCaughan's question, Street pointed out that Water District 111 service is available to the Wilson property. McCaughan suggested that a list be compiled of the properties to which the City has made a commit- ment to give service from the transmission line. Street noted that such a compilation is underway. Carey observed that water service is based upon service areas, and not necessarily by City boundaries. It was determined that the Wilson location is within the service area of Water District 111. Motion carried. 1978 Comprehensive Water Plan. URS has submitted a proposal for updating the 1972 Water Comprehensive Plan for a lump sum price of $38,700. Funding of this project was included in the 1978 Water Bond Issue and acceptance is recommended by the Public Works Committee. B. JOHNSON MOVED that the City accept the pro- posal as submitted by URS and that they be issued a notice to proceed on the pro- ject. McCaughan seconded. It was noted that URS would have the source portion of the project completed within 30 days and Ramsey noted that this was understood. Motion carried. Telemetry & Control System Water Project. URS has submitted a proposal for the preparation of plans and specifications for the Telemetry and Control System Water Project for a lump sum price of $17,800. Funding was included in the approved 1978 Water Bond Issue and the Public Works Committee has reviewed the proposal and recommends acceptance. Accordingly, B. JOHNSON MOVED that the City accept the proposal and for URS to be authorized to proceed. J. Johnson seconded. Motion carried. Court II, Phase I, Apartments - Water Main Bill of Sale. The Engineering Depart- ment has received the Bill of Sale and Warranty Agreement for the installation of water mains and related appurtenances for Phase I of the Court II Apartments. KITTO MOVED that the City accept the Bill of Sale and Warranty Agreement and the cash bond be released after payment of any outstanding City bills against the project, J. Johnson seconded. Motion carried. CLAIMS Mr. and Mrs. Chester F. Bleakley. Two claims have been received from Mr. and Mrs. Chester F. Bleakley in connection with the recent water shortage. One claim is for $54 for repair to a pressure pump; the other is a $1,000 per day claim during the water shortage. In accordance with the recommendations of the City Attorney, B. JOHNSON MOVED that the claims be referred to the Public Works Committee. Carey seconded. Street noted that several other claims have been received regarding the same problem and that the City Attorney will review these. Motion carried. Ronald F. Calhoon. The City Attorney has recommended that the claim of Ronald F. Calhoon for towing charges presented at the August 7, 1978 meeting be denied. Council members have been furnished with a copy of the attorney's memo regard- ing the claim. In accordance with the recommendations of the City Attorney, McCAUGHAN MOVED that the claim of Ronald F. Calhoon be denied, B. Johnson seconded. Motion carried. Puget Sound Power & Light Co. A claim has been received from Puget Sound Power & Light Co. in the amount of $554.82 for alleged damage to a power service located at 912 West Smith St. The claim has been reviewed by the Street Superintendent and the City Attorney and it is the recommendation of the City Attorney that the claim be forwarded to the City's insurance carrier. B. JOHNSON SO MOVED, J. Johnson seconded. Motion carried. ANNEXATIONS Triad. The Council reviewed this proposed annexation at the last work session. City staff pointed out that this annexation would extend the City boundary further to the east beyond 116th Avenue S.E. and would be detrimental to furnishing City services to properties within Kent, particularly water and police service. The Kent Sphere of Interest study, adopted as a policy guideline in 1972, recommends that this area not be annexed until after substantial filling in of irregular boundaries takes place and 1985 is projected for the approximate date for this to occur. KITTO MOVED that the Triad Annexation is not acceptable, McCaughan seconded. Motion carried. Benson & 248th Street Annexation. Reference was made to the history of this proposed annexation. On March 20, 1978 a 10% petition for the "Newton" annexation was received. On April 17, 1978, the Newton annexation was tabled awaiting consider- ation of the "Rowley" petition officially received May 1, 1978. On June 19, 1978 the Council found both the Rowley and Newton annexations unacceptable unless they were combined to include the entire area south of S.E. 248th Street. The petition now before the Council accomplishes this. MASTERS MOVED that the Benson and 248th Street 10% annexation petition be accepted and referred to the Council workshop on September 25, 1978, for review, Carey seconded. Motion carried. Uplands Annexation. The City Attorney introduced Ordinance No. 2114 annexing those properties known as the Uplands Annexation to the City of Kent. B. JOHNSON MOVED for the adoption of Ordinance 2114, Masters seconded. Motion carried. ANNEXATION ZONING Contemporary Construction. On July 25, 1978 the Planning Commission held a public hearing on the initial zoning for the Contemporary Construction Annexation which encompasses approximately 20 acres lying west of Woodland Way and Highridge No. 4, near S.E. 267th St. The Planning Commission recommends that the annexation area be zoned as follows: "All property below the 325' contour be zoned R-A, Residential Agricultural, and the area above the 325' contour be zoned R-1-9.6, 9,600 square foot minimum lot size." Planning Director Harris pointed out that location of the proposed annexation and explained the zoning recommended by the Planning Commission. The first of two public hearings required under the provisions of the Zoning Code on the initial zoning of an area to be annexed was opened by the Mayor. Mel Kleweno, attorney for the proponents of the proposed annexation, noted that after attending the Planning Commission hearing his clients had determined that the zoning pro- posed was acceptable. He submitted pictures of the general area for viewing by the Council. A plan of the proposed development was posted by Kleweno but neither the plan nor the pictures were submitted for the record. There were no further comments and no correspondence has been received. JUST MOVED that the hearing be closed, Carey seconded. Motion carried. McCAUGHAN MOVED that the required second public hearing on the initial zoning of the Contemporary Construction Annexation be held on October 16, 1978, Just seconded. Motion carried. KENT COMMONS Phase I Contract - R. W. Huff Construction. The architect has certified that the contract of R.W. Huff Construction Co. for Phase I of the Kent Commons facility is complete and acceptance of the contract recommended. B. JOHNSON MOVED that the contract of R.W. Huff Construction Co. be accepted as complete and the retainage be released from the State of Washington, Just seconded. Motion carried. LEASE OF CITY PROPERTY State Electrical Inspectors - City Shops Lease. It was noted that last February when the current lease to the State Electrical Inspectors at the City Shops ran out we continued renting the property to them on a monthly rental basis of $75 per month. Recently the State requested that a new lease be signed for one year. After review of the matter with the Public Works Department, they have requested that the City not enter into a lease but notify the State that the City would continue to rent on a monthly basis for the remainder of 1978 but no longer. McCAUGHAN MOVED that the request of the Public Works Department be approved, Kitto seconded. Motion carried. ANIMAL CONTROL The current status of animal control, its present costs, the service as proposed by King County, and anticipated charges for next year were discussed at the work session. King County offered to hire Carl Dawson should Kent contract for this service. Final determination on contracting with King County must be made at budget time. Street noted that the decision should be made soon as Kent licenses must be ordered soon if we elect not to join with King County. MASTERS stated that Street's information at the workshop meeting was complete and therefore MOVED for the City to contract with the County for its animal control program for next year and for a decision to be made regarding the leash law at a later date, McCaughan seconded. Mayor Hogan noted that the County was proposing a year to year contract. Motion carried, with Just voting nay. KING/SNOHOMISH MANPOWER CONSORTIUM Kent Representatives. Mayor Hogan has proposed that Ford Kiene, partner in City Beverages, and Gene Smith, Manager of Puget Power in Kent, be Kent's representa- tives to the Consortium. KITTO MOVED that the appointments of Ford Kiene and Gene Smith be approved, Carey seconded. Motion carried. 1 KING COUNTY OMBUDSMAN A letter was read from Paul R. Meyer, King County Ombudsman, regarding the increase in the number of citizen complaints throughout King County handled by his office and asking that additional funds be appropriated by the various municipalities in the King County area to cover having this office perform this service for the cities. MASTERS MOVED that the letter be accepted and referred to the Mayor for response. B. Johnson seconded. Street noted that he had contacted Meyer's office regarding the number of complaints received and noted that approximately six complaints had been received from residents inside the City limits during a two and a half year period. Motion carried. PUGET SOUND COUNCIL OF GOVERNMENTS The Clerk noted receipt of a letter from the PSCOG containing draft statements. It was noted that copies would be made for the Council. KITTO MOVED that the letter be accepted, Just seconded. Motion carried. PLANNING COMMISSION Resignation. A letter of resignation from the Planning Commission from Samuel Edmondson was read by the Clerk. MASTERS MOVED that the letter be accepted with regret, Carey seconded. It was noted that the replacement for Mr. Edmond- son must be a person residing within the City limits and the Mayor asked for suggestions from the Council. Motion carried. CITY ADMINISTRATOR Selection Process. At the last work session the various selection methods were discussed to fill the position of City Administrator. Dan Huntington and John Winton of Foster & Associates and Bob Cole, a representative of Harry Prior, met with the Council immediately prior to tonight's meeting. Mayor Hogan noted that the Council would discuss the procedure to be followed after the Council meeting this evening. FINANCE CAREY MOVED that the bills received through September 5, 1978 and approved by the Finance Committee at its meeting September 15, 1978 be paid, Just seconded. Motion carried. Claims approved by the Finance Committee at its meeting of August 31, 1978 are as follows: Current Expense $ 35,544.83 Parks & Recreation 10,907.49 Library 41.81 City Streets 8,671.95 Kent Commons 1 ,563.43 Federal Shared Revenue 45,938.47 Russell Rd. Park Ph. II 1, 305.00 104th Ave. Street Impr. 44.46 Kent Commons Ph. II Const. 772.07 78 Acq. & Const. 666.67 Kent Springs Chlor. Equip. 4,925.45 78 Street Const. 1,833. 33 124th/WD 111 Res. 13,170.59 Housing & Comm. Dev. 148.21 Arts Commission 35.00 LID 286 100.00 Sewer 49, 388.77 Water 21, 388.84 Garbage 655.26 $199, 307.54 Interest Bearing Warrants LID 283 Kent News Journal $ 42.12 LID 286 Kent News Journal $ 32.76 $ 74.88 MEETING ADJOURNED: 9:20 p.m. Respectfully submitted, / I r Marie Jensen, CMC City Clerk