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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/21/1975 23 Kent, Washing' ton April 21, 1975 Regular meeting of the Kent City Council was called to order at 8: 00 p.m, Present: Mayor. Mogan, Council.persons Baffaro, Johnson, Just, Masters, McCaughan and Storm.ent, City Admini- strator Street, City Attorney Mirk, Planning Director Harris, Public. Works Director Ulett, Finance Director Winkle . Council- person Kitto was absent. Also present: City Treasurer Drotz, Parks Director Wilson, Planning Commissioners Hamilton and Holmer, and Hill, Ingman & Chase representative Ramsey. Approximately 35 people were in attendance . MINUTES JUST MOVED that the minutes of the meeting held April 7, 1.975 be approved as printed, Storment seconded . Motion carried . MEMORIAM The Mayor asked that those attending the meeting stand and observe a moment of silence in memory of Fred Frazier. Mayor Hogan noted Mr. Frazier °s service on the Planning Commis- sion and the many years that he and Mrs . Frazier attended City Council meetings. STREET South 208th - Proposed Closure Between 77th VACATION Avenue South and the I3ur.:Linq•ton-Northern Right-of-Wa.y. It was noted that on March 250 1.975 , the Planning Commission held a public hearing on the request: of Central Pre-Mix Concrete Company to vacate a portion of South 20$-th. The Planning Commission has recommended denial of the petition. The public hearing scheduled for this Council meeting was opened by the Mayor . MarY. .C_oll.a, a resident of the area, noted that this matter has come before -the Council several times in the past, and opined that the number. one priority to be considered was still the matter of fire protection . She noted that the fire station is located on the West Valley Highway and that in the event of an emergency, fire trucks would have to travel. about 211 miles further if the crossing were closed . She opined that the roadway near -the crossing should be improved and the crossing built up for safety reasons,, and further, that the rrossinq had been there s1nce, t-he early 1900 's and there hacJ only be(':1 one accident . Norwood Cunn.!.D ham, Transportation Director of the Kent Public Schools, stated there are presently three small school buses which use the crossing every day„ transporting about 25 students . Ile stated that in his opinion the crossing was sate but felt that: the roadway should be built up ab.out fifty feet on each side of the crossing and that stop signs should be Installed on each side of the tracks . Ike noted that school buses do stop before crossing the tracks, whether loaded or empty. Mr. Cunningham added that he supported the recommendation of the Planning Commission to deny the petition for closure. April 211 1975 Mr- Lawi counsel. for Burlington- r,,once c!��_s q c ' of STREET ortin. losure to_rtb��7n--spoke suPP VACATION 0 stating that this the south 208 , c7rossil"go t with the upgrading crossing was inconsistent(,r and that there was 0 f- , os,sings in the area, not enough traffic to support the hazard it creates - lie pointed out that over the past five years approximately a half million dollars had been spent upgra.d.ing crossings in the Kent f Kent, the State, the area between the City 0 the railroads . lie Federal. government and stated that the reason there had been no ts at the crossing was because there acciden -ross- were not that. many vehicles using the c d out that some people would ing . He pointe S Bth crossing to avoid the use the South 20 . . He stated gates at the south 212th crossing further that the South 208th crossing does not meet current safety standards in rothis that the Railroad has pgrammed community and t crossing, and arranged toward closing this of the South It so that traffic will ,make use 212th crossing• lie pointed out that $50,000 had been spent to upgrade the South 212th crossing. Mrs .�� Walinsley noted that the residents of _ g the crossing for been using area have they wanted the crossing years and as taxpayers left open, until such time as the area is rial r iZed - She furthe stated that indust people li-ving in the area would have to travel about 2'2; miles further for access to a crossing j_f the South 208-th crossing was closed , Mr . Avala of Queen City Trucking, noted that: at the time he and his wife purchased in the approximately -three acres of land area he was told that the crossing would never be closea',. He requested that the crossing should remain open because of the : matter of fire protection and that if the crossing is dosed the property wi.11 be of no value to anyone , upon ju.st ' s query, Ayala noted that Mr , Volchek, a real estate representative with whom h6- had dealt in purchasing the property, had given him the I never understanding that the crossing would be closed . The city Clerk introduced a letter from Mr . Ayala upon behalf of Queen dated March 1.2, 1.975 , asking City Trucking the street to remain the Council to allow open . The letter noted that access was needed for emergency vehicles and pointed out that vision at the crossing. is impaired - ty of by railroad ties stacked on the proper -Mix Concrete Company. M&SIFEBS Central Pre MOVED that the letter be ia(',C(aPted and made a pay.-t of the, record and rE ferred to the Public Safety COMmittf..,eg S I torment. seconded . Motion carried , ,N April 21 , 1975 STREET A petition containing 59 signatures was VACATION introduced protest.i.ng the i')roposed closure of South 208th. MASTERS MOVED that the petition be accepted and made part of the record, Johnson seconded . Motion carried . STORMENT MOVED to close the public hearing, McCaughan seconded , Public Works .Director Ulett noted that there was a staff report regarding the matter, Storment withdrew the motion and McCaughan concurred . MASTERS MOVED to accept the staff report and for it to be included as part of. the Council records, Storment seconded . Mr . Gam Harder of the Washington Utilities and Transportation Commission noted that. the Commission had agreed with the City ' s engineers with recla.r.d to t�he� upgrading of crossings in Kent, and agreed with Burlington- Northern that this particular crossing should be closed . He stated -that the cost of upgrad- Ing the crossing was prohibitive, and was not necessary since the crossing at South 212th was more than adequate and was close by. Baffaro noted that the residents would have to travel two or three miles extra .if South 208th was closed . There were no further comments and McCAUGHAN MOVED that the hearing be closed , Storment seconded . JUST MOVED that: the petition to vacate the portion of South 208th be denied . Masters seconded and stated that she concurred with Mr. Silvernale and Mr . Harder regarding the condition of the crossing but that the people in the area have learned to live with this. She noted that if any restrictions should be made on the use of the crossing that they should be directed to Queen City Trucking Company, as the crossing was not designed for this type of traffic . Mas'ters further stated that the Council understood that the crossing would eventually be closed but not until some other exit is provided for the residents . McCaughan noted that traffic on South 208t.h has not increased Ike stated that if the Council. votes to keep the crossing open the Depart- ment of Public Works should study the safety measures which should be enforced and report at the workshop m cting . Motion cars. i.ed . McCAUGHAN 'THEN MOVED for the Department of ` Public Works to study the safety measures which should be enforced and to make a report at the workshop meeting, Masters i seconded . Motion carried . VARIANCE teem ti l:1oia �i-ag_C c:Mnt-.er . The owners of Kent APPEAL Sii'()i_ping C,>ntc>r, repr'e-set-tted .by Reed Associat.es41 (,c.�nsu_lt: irty Er)gineers, have appealed the decision of the. Director of: Public Works denying thei.r request for a variance from the Underground Utility Ordi- nance .. It was noted that since 1970 no variance has been granted . The Mayor opened the public hearing . There was no correspon- dence and no comments from the audience . JUST MOVED that the hearing be closed, Johnson seconded . Motion carried . JUST MOVED that April 21, 1975 VARIANCE the request for ,variance of Kent Shopping APPEAL Center be denied, Johnson seconded . Motion carried . HEALTH & A copy of a letter addressed to Mrs. Paul SANITATION Dexter from the Department of Public Health of Seattle/King County was read, regarding a rat problem on the West Hill near the Kent Highlands sanitary landfill operation. The Department has investigated and reported that food sources for rats were found around six residences in the area. The letter further noted that the sanitary landfil had also l been investigated and no rat infestation was found . MASTERS MOVED that the letter be accepted and made a part of the record, Just seconded. Upon Masters ' question, Street noted that while the area involved was out- side the City of Kent, the residents thought that the rats were coming from the landfill site and for this reason Kent was checking into the matter. He noted that the letter is the Health Department 's response to Mrs . Dexter ' s recent complaint regarding the rat problem, Motion carried . Bonel Mobile Home Park A petition was read, signed by 119 residents, including the owners and managers of the Bonel Mobile Home Park, 1601 West Meeker Street, containing complaints against the Roadside Inn Tavern, alleging that said tavern is a nuisance to the community. MASTERS MOVED that the petition be accepted t and referred to the Health and Safety Committee, ..__ . Johnson seconded , It was noted that all per- sons who signed the petition live in the trailer park . Motion carried . Baff aro noted that the matter should be discussed at the next workshop. LID 278 . The City Attorney introduced Ordinance No . 1906, creating LID 278, for sanitary sewers in the Wigton Addition. MASTERS MOVED for the adoption of Ordinance No. 19061 McCaughan seconded . Motion carried . _Upper Mill Creek Holding Pond . It was noted that in attempting to acquire the properties necessary to develop the Upper Mill Creek Holding Pond, settlement has been reached with seven property owners and that two owners have refused to settle . It is the recommendation of the administration that the City Attorney proceed with condemnation. The City Attorney introduced Ordinance 'No. 1910 providing for the condemnation and acquisition of certain land in King County for the purpose of providing for retention -- ' and holding ponds as an .integral part of the storm and surface water drainage system of the City of Kent, and providing for payment .for said land . STORMENT MOVED that Ordinance No. 1910 be adopted, Masters seconded. Motion carried . II April 21, 1975 HEALTH & D.r. ai.na.ge . Th{ Director of Public Works has SANITATION prepared a report on the surface water prob-y lem on South 222nd Street and the problem is to be discussed at the next workshop session . Ulett noted that he would advise the .residents of the area, Marlyn and Tilden Storm Drainage Outfall Po ect. It was noted that an Environmentalfro Impact Statement has been prepared on the Marlyn and Tilden Storm Drainage Outfall. Project . Procedures require that a public hearing be held and it is the recommendation of the Engineering Department that May 19, 1975 be the date set for the said public hearing , STORMENT MOVED that a public hear- ing on the Environmental Impact Statement for the above project `be held on May 19, 1.975 . McCaughan seconded . Motion carried . EaSt-ridge Plat . An easement for the sanitary sewer serving the Eastridge Plat :i.s needed across the King County Park near Park Orchard Elementary School . The County will grant the easement in exchange for the night: to make a side sewer connection. This consideration is acceptable to the devel.oper who is fur- nishing the sewer . McCAUGHAN MOVED that the Mayor and City Clerk be authorized to accept the sewer easement on behalf of the City, Masters seconded . Motion carried . South 241st: Street Sewer Extension . Upon the recommendation of the Engineering Depart- ment, JOHNSON MOVED that the City accept for operation and maintenance the South 241st Street Sewer Extension (Fred Squire) and release the respective cash bond upon payment of: any outstanding City charges . Just seconded It was noted that the necessary Bill of Sale and Warranty/Guarantee Agreement have been received by the City. Motion carried . LATE COMERS Sewer Line . It was noted that a request has AGREEMENT been .received from Fred R. Squire that the City enter into a Late Comers Agreement with Squire Construction for use of the South 24.1st sewer by other parties ,, McCAUGHAN MOVED that the Di.r.ector. of' Public Works determine if this request is valid and if so, prepare the said ag.r.eement. for Council acceptance . Just seconded . Motion carried . REZONE The City Attorney introduced Ordinance No. 1907 approving the Haden rezone from MRM (Medium Density Multi-Family Residential District ) to CM (Commercial Manufacturing District . McCAUGHAN MOVED that Ordinance No. 1.907 be adopted, Just seconded . Motion carried . G 4- April 2A, 1975 ZONING Star Lake School Annexation. It was noted that the Planning Commission will hold a hearing on the proposed zoning of the Star Lake School Annexation property and it is necessary to schedule two public hearings before the Council -on the proposed zoning. JOHNSON MOVED that public hearings on the zoning of. the Star Lake School Annexation z g , property be held on May 5 ' and June 16, 19 75 . Masters seconded , Motion carried. STREET Renton/Kent Joint Projedt - _S .W. 43rd/So. IMPROVEMENT 180thm It was noted that on Monday, April 14 1975 a joint hearing was held in -the Renton City Hall of the Renton and Kent City Councils concerning the proposed improvement of South 180th/S .W. 43rd Street. A presentation by Wilsey & Ham, Consulting Engineers, described the project and the several alternatives to be considered . It was determined that the consensus of both Councils was that a complete five-lane project, includ- ing a grade separation of the railroads, should be the goal and according to the consulting engineer, this goal could be accomplished by stage construction . At the present time, E .D.A, will only consider a three-lane improve- ment for financing. A motion was passed by the Renton City Council and concurred in by the Kent City Council that the Transportation Committee of Renton and the Public Works Committee of Kent should meet to discuss ways of financing the total project. At the sug- gestion of the administration, MASTERS MOVED that an excerpt of the minutes of the April 14 Renton City Council meeting pertaining to the public hearing on the proposed im- provement of South 180th/S ,W. 43rd be made a part of Kent ' s records . McCaughan seconded . Mayor Hogan noted that the project rated third in the list of priorities of nineteen projects considered by the Economic Develop- ment District Committee, On Storment ' s question, it was noted that the City Clerk would send a copy of the excerpt from the Renton City Council minutes to each council- person and would -keep a copy on file . McCaughan suggested that the Kent Council meet with the Renton Council again to .further discuss the matter. Street noted that he would contact Councilman Perry and arrange such a meeting. McCaughan noted that nothing in the hearing related to transit lanes or bike paths but it was determined that these _ two items were considered in the study • depicting the five lane project proposal . Motion carried . It was noted that the Renton meeting , had been lengthy, and Just commended Mayor Hogan on her ability to conduct. a Council meeting efficiently. He further rominended Joe Street, for the time and ct Cort he expended compiling detailed agendas for Kent 's meetings . 240 April 21, 1975 FIRE A letter was read from Dr. Stewart expressing , DEPARTMENT appreciation to the Fire Department for their response and expert help in the recent fire at Kent-Meridian High School in the Home Economics Department. STORMENT MOVED that the letter be accepted and made a part of the record, Masters seconded . Motion carried . BOARD OF The City Attorney introduced Ordinance No. PARK 1908 creating a Board of Park Commissioners, COMMISSIONERS , establishing the number of Commissioners and the terms of office, providing for appoint- ments to and removal from the Board, describ- ing the powers and duties of the Board, and repealing Ordinance No. 1568. The City Attorney explained this Ordinance would become effective on June 1, 1975 . McCAUGHAN MOVED that Ordinance No. 1908 be adopted, Masters seconded . Motion carried . The Mayor has requested the following persons to serve on a selection committee for the addition of two members to the Board of Park Commissioners as provided 'for in Ordinance No. 1908; 1 ) Chairperson of Council Parks & Planning Committee or her designate; 2 ) Chairperson of the existing Park Board or his designate; 3 ) Director of the Parks & Recreation Department. It was pointed out that citizens interested in serving on the Commission should address their applications to the selection committee by May 7, 1975 . The applications will then be reviewed by the committee and recommenda- tions made to the Mayor. Mayor Hogan will make the appointments at the June 2 Council meeting for Council confirmation. LIBRARY It was noted that the term of Mrs. Burt Lucas BOARD on the Library Board expires this month. Mrs . Lucas was appointed to complete the term of Marie Crew and thus is eligible to be reappointed . In accordance with the recommendations of Mayor Hogan, McCAUGHAN MOVED thar. the appoint.ment. of Marian J. Lucas Lo Lho ►,ibrrary Boiird be confirmed, Johnson socond d .' Motion carried . REPEALING The City Attorney introduced Ordinance No. 1909 VARIOUS which repeals Ordinances Nos . 526, 527, 5301 ORDINANCES 685 , 711, 719, 729, 776, 836, 837, 851, 980, 1023, 1054, 1314., 1320, 1483 , 1570, 1574, 1575, 15771 1723 and 1799 . It was noted that these ordinances were being repealed as they are outdated and no longer effective or have been repealed because of the passage of other ordi- nances. McCAUGHAN MOVED that Ordinance No. 1909 be adopted, Storment seconded . Motion carried . =14 April 21, 1975 BIDS Bids have been received for the furnishing ' of three ( 3 ) compact pickups and one (1 ) one-ton truck, as follows : One Ton Cab and Chassis Bowen Scarff Ford $40852 . 23 incl . tax Bill Hazelett Chevrolet 4, 631 .09 incl . tax Tom Matson Valley Motors 4,558.88 incl . tax Valley Pontiac 4, 738.50 incl . tax Three 1974 Compact 1/2 Ton Pickups Bowen Scarff Ford $31085 .64 each, incl . tax Bill Hazelett Chevrolet 30, 315 .90 each, Incl . tax JOHNSON MOVED to accept the best bids of Bowen Scarff Ford to furnish three ( 3 ) compact pickups and the best bid of Tom Matson Valley Motors to furnish one 1-ton cab and chassis . Baffaro seconded . Upon Just ' s question, Street determined that the State bids had been checked. Motion carried . SATURDAY A revised request for amending the Food Handlers MARKET ordinances of Kent, together with a copy of a FOOD letter from Dr. Dona, and a memorandum from HANDLING Barney Wilson has been presented to the Council . It was noted that on Wednesday, April 16, 1975 , Bernard Suttle, King County Sanitarian, had informed the City Administrator that on May 6, 19741 King County had created a County Board of Health which gives the County the right to enforce all County Health regulations in all of the County, including incorporated areas . It was determined that the changing of Kent ' s ordinance would not have any effect on the Saturday{Market . Street noted that Harry Venables had been informed of this fact and that he had requested that the matter be delayed until the Saturday Market Committee has an opportunity to study the latest County ordinance . SOUTH KING It was noted that the City Attorney has COUNTY received information from Doug Jewett of ACTIVITY the County Prosecuting Attorney ' s Office CENTER concerning the sponsorship of the South King e County Activity Center to secure a grant from. the State from the Referendum 29 funds. Mirk noted that the matter had been discussed at the workshop and that it has been determined that for the City and County to sponsor the Center,, either jointly or separately, would .be illegal . Just noted that in his opinion the Center was a worthwhile activity which deserved the support of the City and wondered if there was any other alternative to the plan previously proposed . Mirk noted that if the Center conveyed the property to the City with no provision for the City to return it, the City could contract with them for services. II j April 21, 1975 However, in this case, if they failed to SOUTH KING provide the services for which they contracted, COUNTY ' the City could be held liable for the provid- ACTIVITY ling of such services under the conditions CENTER of Referendum 29 laws . He further noted that we could contract with them for the services if we owned the facilities . MASTERS MOVED that the report of the Attorney be made a part of the record, Johnson seconded . It was determined that another meeting should be held with the representative of the South King County Activity Center to discuss alternate solutions . Motion carried . ASSOCIATION OF A letter was read from Mayor Hrdlick a ,of the WASHINGTON City of Lynwood suggesting that the AWC CITIES Constitution be revised to allow the elec- tion of directors by each district individually rather than election by the total membership. MASTERS MOVED that the letter be accepted and referred to the workshop meeting for discus- sion, Johnson seconded . Street noted that he has contacted other cities regarding this matter and expected to have more information available for the workshop. Motion carried . It was noted that Kent is entitled to have three ( 3 ) voting delegates at the Association i of Washington Cities conference to be held in Richland June 17-20, 1975 , and it is recommended these delegates be elected officials . At present Councilpersons Masters, Johnson and Baffaro nave indicated they will attend . STORMENT MOVED that Baffaro, Johnson and Kitto be designated delegates to the con- vention, with Councilperson Masters as an alternate . McCaughan seconded . Motion carried . PORT OF SEATTLE A letter was r(i'ad from Susan Gerrard , Direc- RAILROAD for of Community Affairs, Port of Seattle, not- STATIONS ing that within the next year the U.S . Depart- ment of Transportation will select three cities as demonstration projects for the rehabilitation of old railroad stations as modern transportation terminals : The letter further noted that any members of the City Council of Kent who wished to serve on the Community Advisory Committee to study the proposed development of the Union Station project should contact Mrs . Gerrard ' s office. MASTERS MOVED that the letter be accepted, E Johnson seconded . Mayor Hogan noted that this Committee is now trying to accomplish ! yhat Metro had planned to do. Motion ' carried . CLAIMS Steven W. Tenney Claim. A claim has been filed by Steven W. Tenney in the amount of $1500 for the alleged loss of a Doberman Pinscher. Mirk explained the circumstances surrounding the clailt and recommended that it be sent to the City ' s insurance carrier for appropriate action . McCAUGHAN MOVED that the claim be referred .to the City ' s insurance carrier, Johnson seconded . Mirk noted that he would provide a report on the incident to the insurance carrier. Motion carried . Y 24Gt April1, 1975 ; FINANCE McCAUGHAN MOVED that the bills received on or before April 21, 1975 and approved by the Finance Committee at its meeting to be held at 8 a.m. April 30, 1975 , be paid, Storment seconded . Motion carried . Segregation Requests . In accordance with the — � recom mendations of the Finance Committee, the City Attorney introduced Resolution No. 787, authorizing the segregation of certain assessments as requested by Coldwell & Banker for Pacific Ventures and for the J.P . Francis property in LID 261, LID 272 and ULID #1 . JUST MOVED for the adoption of Resolution No. 787, Storment seconded . Motion carried. PROCLAMATION Mayor Hogan read a proclamation declaring the week of May 5 to 9, 1975 , Municipal Clerks ' Week , CITY CLERK Street noted receipt of a memorandum from the City Clerk stating that as Vice-President of the Washington Municipal Clerks ' Association she had been named a delegate to the Conference of the International Municipal Clerks to be held in Denver May 18 - 22, 1975, and that the State Association would pay a portion of the expense. Upon his recommendation, MASTERS MOVED that the City Clerk be authorized to attend the Conference, Just seconded . It was determined that funds budgeted for other meetings would be used in the approximate amount of $200 , Motion carried . WATER Ben Holing Request. A letter was read from Diana B. Anderson asking for written verifica- tion .from the City that water will be supplied to the Ben Holing property on the East side of 116th Avenue S .E . It was determined that this matter had been discussed at the Council meeting of February 18, 1975 . Ms . Anderson;s letter was received on April 16, and was answered by Ulett on the same day. Ulett ' s reply was then read, quoting the motion, as amended, which was passed by the Council on February 18, as follows: "That the request be granted upon the furnish- ing of proof that the City had made a comm,itmynt to furnish water service prior to August, 1974, and will not fight annexation at the time this area decides to come into the City. " Ulett ' s letter further stated that the "fur- nishing of proof" has not yet been accomplished -and that the City could not verify that water will be supplied . ` • Attorney Mel Kleweno, representing Mr. Holing, stated that: Mr. Holing purchased the property some time ago and was assured by former City Engineer Sherwood and former Assistant City Engineer Englen that at such time as he desired to do so he would be allowed to connect to Kent water. He stated further that in 1974 Holing contacted the City Aen he wanted to sell the property rt and connect to the water line, and received the following letter from the Director of Public Works, dated August 22, 1974: 247 April 21 , 1975 WATER "The granting of ,a short b subdivision y King County does not by that action Sobligate ce t the ide City of Kent to furnish water the corporate city limits . ,, If Kent has committed to serve the property prior to August 5 , 1974, that commitment If you have evidence of such remains valid . a commitment, please advise me of it. "Even i.f there has been no prior commitment, properties outside ofKent will lfbe served if the Kent Water System nt capacity and i.f annexation -is not feasible . Our water line- on 116th Avenue SE has ade- quate capacity. The matter of annexation feasibility would be determined when service was requested . " I Kleweno stated that he had read the City' s Resolution No� 769 , adopted in August; 19740 and that the letter was at variance with the Resolution He stated further that based ts of the letter, lg had upon the conten ro pert entered into an agreement to sell the p P Y to the Andersons . He quoted a portion of the Council minutes of February 18, as follows: "McCaughan noted that before passage of the Resolution the City had a policy to grant certain requests for water service, and we Just should honor any commitments wesave . Ju Ju asked McCaughan :i€ he was suggesting at verbal proof of a commitment was valid, and McCaughan answered that it should be suffi.cient. Johnson expressed concern over where these people would get water for this tract, 'inas- much as it was questionable as to whether they would be allowed to drill a well . " Kleweno noted (that Holing felt that based upon the action at this February 18, 1975 meeting that the Council had approved or given assurance that water would be granted to the site and so informed his prospective buyer. Kleweno stated that he couldn 't see what other proof the City needed, and further noted that Holing had reported that he had talked to Sherwood and Sherwood said that such a conversation could have very well have taken place although he did not remember it specifi- cally. Kleweno stated that Holing had acted in good -faith upon the representations of the City, and said that Ulett ' s letter had indicated that there was sufficient capacity for water -- service and that it had been agreed that annexation at this time was not feasible . Kleweno stated that he thought the minutes indicated that oral representation would be suf f ic:ient for any application for water connection, but that now we are talking about "sufficient Proof " He stated that a portipn of this property 'had been allq ed to connect, c April 21, 1975 but that this was prior to the passage of WATER Resolution 769 . He noted, further, that the County would not permit a well for t} is area. He asked that the Council send a letter to the prospective purchasers with information about late comers charges, and -assuring them that they will be allowed to connect to the water line, since they now have financing _ and are ready to build . Kleweno opined that Holing could be subject to having a suit brought against him by the Andersons if the water connection was not, now available . Mayor Hogan stated that there had been some discussion of having written proof that the commitment had been made . Street noted that he understood that Holing had never claimed that he had other than a verbal commitment. It was determined that Holing told Street on last Friday that he had not contacted Sherwood to that date . Masters suggested that a certified statement should be secured from Sherwood and Englen . Mayor Hogan deter- minedthat Holing had stated tonigh t that Sherwood could not say for certain and she further stated that she questioned whether such a commitment could have been made legally without council action . McCaughan asked if requests for water service were routinely brought before the Council some years back . Masters stated that she recalled one instance of a verbal agreement having been made in connection with service to Park Orchard , She stated that there should be a certified statement from either Sherwood or Englen that in fact there was a possibility of such a conversation with Holing. McCaughan stated that he was still of the opinion that paCst commitments by Sherwood or Englen should be enough to commit the City, if that was the policy at that time, and we should uphold the decision made on February 18, 1975 and grant the water ser- vice to Holing. Masters noted that there was no supporting evidence in favor of either Holing or the City, Street referred to the February 18, 1975 meeting, and upon request of the Council , the City Clerk read the por- tion of the minutes beginning on page 8 with Storment ° s motion and on to the con- clusion of the subject. Mirk stated that the question was whether or not proof had been furnished , McCAUGHAN 9OVED that we grant water service to the property in question and that due proof of commitment was a verbal commitment either by ,Sherwood or Englen . Masters seconded, I . and THEN MOVED TO AMEND the motion to re- quire a certified statement from both +� Sherwood and Englen, as to their recollection of the matter . Baffaro seconded the proposed amendment . Kleweno commented that Sherwood and Englen were no longer subject I -24 April 21, 1975 WATER , to the- City ' s , jurisdiction and might refuse to make a statement, and perhaps a time limit should be placed for receipt of their response. He commented further that this type of situation is not unique with respect to verbal testimony, Upon Ulett ' s question, it was determined that if the amendment passed, we would have to have affidavits from both Sherwood and Englen, and if only one of them had knowledge of the subject, the other would simply state that he had no pertinent knowledge ., Just stated that his position was that we should not serve outside the City limits, and that we had a policy so stating. He further noted that McCaughan ' s statement that we should accept the verbal commitment was one councilman ' s view on this and that the Council did not say that verbal proof would. be accepted . He noted prior discussion about requiring some written proof to Holing or to some adjoining property owner, and recalled mention of a letter to another property owner regarding water service which was discussed at a prior meeting. Upon a ' roil call vote, the proposed amendment failed with only Masters and Baffaro voting in favor. McCaughan ' s original motion was read by the Clerk . Johnson opined that the last para- graph of Ulett ' s letter to Holing was mis- leading, and she understood it to mean that since the water capacity was adequate, the property would be served . She commented further that she was .in .favor of supplying this property with water . Just stated that he was not in favor of approving water service outside the City limits on a verbal commitment . YiDon roll •call, a tie vote was recorded, with Johnson, Masters and McCaughan voting Aye and Baff aro, Just and Storment voting nay. Mayor Hogan voted nay, after the motion was read again. Motion failed . FIRE DEPARTMENT A questionnaire has been received from the King County Fire Chief 's Association con- cerninq the management of fire service and it is suggested that the Fire Chief and Administrator be directed to complete the questionnaire: . MASTERS MOVED, McCaughan � seconded, that receipt of the questionnaire be noted and the Fire Chief and City Admini- strator directed to answer the request. Motion carried . • FINANCE Claims approved by the Finance Committee on April 15 , 1975 are as follows: 9 Current Expense $ 35 , 745 .63 Parks & Recreation 100213 .38 Library 10,496 .58 City Streets 71829 .59 April ,,21, 1975 FINANCE Federal Shared -Revenue 42,676 . 77 City Hall Construction 3,854.61 1 3 2 . 9 East Valley 1 Construction . , EVH - Willis to Green River 471 .15 Canyon Drive 364, 332 .45 Central/Smith Intersection 998. 24 'Gowe Street - East 18, 777 .03 Linda Heights Sewer Imprvmnt 294 .81 Kent Des Moines Swr Intrcptr 120,444.47 116th Ave, Tran. Main 923 .50 Equipment Rental 190588 . 21 Firemans Relief & Pension 190 .72 Leff Disability 41577 �99 LID #276 754.62 Sewer 2,027 .07 Water 17# 649 .93 Garbage 30,406 .45_ $3551565 . 39 MEETING- ADJOURNED: 9: 35 p.m. Respectfully submitted, Marie Jensen, CMC City Clerk �I I i