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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/07/1976 Kent, Washington June 7, 1976 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. Present : Mayor Hogan, C6uncilpersons Carey, Johnson, Just , Kitto, Masters, McCaughan and Storment, City Administrator Street , City Attorney Mirk, Planning Director 'Harris and Public Works Director Ulett . Finance Director Winkle was out of town. Also present: City Treasurer Drotz, Accounting Supervisor Henderson, Fire Chief Foster, Police Captain Grant, Traffic Engineer Olson, Parks Director Wilson, Planning Commissioners Long and Holmer, and URS representative Ramsey. Approximately 85 people were in attendance at the meeting. MINUTES KITTO MOVED that the minutes of the meeting held May 17, 1976 be approved with the follow— ing correction: On pages II-12, reference to the predictor at Smith Street/Burlington—Northern should read "James Street/Burlington—Northern Crossing." Just seconded. Motion carried. KENT It was noted that questions regarding the COMMONS Kent Commons facilities had been raised at the Finance Committee meeting and at the last work session. It was determined that all presentations to the State and County have included Phase IA and IB in one facility. Maintenance and operation costs are expected to be covered by rents and fees charged to the agencies using the facility, -and most of the activities will be self—supporting. The difference between costs and revenues will have to be justified by the asset this facility will be to the community. JUST MOVED to discuss reaffirming the Council 's position on Phase IA and IB, Carey seconded. On Just 's question, Street noted that $8,800.27 had been spent to date, the total on IA and IB was $59,848 and that $ 16,650 had been committed by con— tract for Phase II . Just clarified that for IA, the City would put up $ 150,000 and would receive about $450,000 from the State. Regarding IB, he noted that Kent would receive about $47,000 for this fiscal year, and Street clarified that the amount would depend upon how much construction has occurred, that the commitment from the County was $ 177,000 with consideration to commit up to $250,000 in the following year. Just concluded then that if Kent put up $ 150,000 we would receive approximately $850,000 of value. He noted that if the program was dropped, we would have spent $70,000 and received nothing, but we could put up another $80,000 and have a facility of $850,000. He spoke in favor of proceeding with the project,, stated that he realized that there was a question as to whether the .facility would be self—supporting, but that the report which came back to the Council said that it would be self—supporting and that we should go ahead with IA and IB. KENT Masters commented that priorities were being COMMONS established by the Council in committing funds for this facility which could jeopardize future funding needs which must be provided. She quoted from Mazlo's theory that physical and safety needs are the most important in the concept of human needs and since we do not have unlimited funds for operating the City, and since we have no assurance that the facility will be self-supporting, she was against the proposal . Upon Johnson's question, Street explained that funds for implementing Phase II would have to be paid from the City's matching money fund, and would have to be paid back from the proceeds of the bond issue. He explained that informa- tion must be gathered to put forth the data necessary to propose a bond issue. Carey stated that he was supportive of the Commons but that he would like to see the matter tabled to study the possibility of splitting the facility for these reasons: 1 ) an opportunity of more than doubling the space for Phase IB from 3,900 square feet to 10,000, at the same or less cost; 2) this would fulfill the obligation for the East Hill Center replacement; 3) this would remove the need for a 2-story build- ing at the present site. Carey commented further that the City was obliged to get the most value for the tax dollars spent, and that even if the grant applications state that the money be used for one facility that this may not be so. He noted that he had been asked why not add this to the bond issue. He stated that he would like to see an expenditure of $200p000 or more on an East Hill Center justified when the West Hill Fire Station was still not manned. Storment read from the Kent Commons book that Phase IA, IB and Phase II are to be contiguous and supportive of each other, even though the construction might be in phases. He acknowledged that there would be no Federal money for Phase II , and stated he was against telling the taxpayers that they would get all three facilities and then having the final portion delayed for 3 or 4 years. He noted further that most of the taxpayers of Kent would use Phase IB and II and that the majority of the people using IA would not be residents of the City of Kent. He pointed out that our prime concern should be the people of Kent, and that he wanted to know if money received for IA and 18 could be put aside in a contingency fund until after the re- sults of a bond issue for Phase 11 are known. It was determined that the motion was only to DISCUSS this matter and JUST MOVED to withdraw the motion. Carey withdrew the second. KENT JUST MOVED to reaffirm the Council 's posi— COMMONS tion to go ahead with Phases IA and IB. Kitto seconded. JOHNSON MOVED TO AMEND the motion to include that all tenants of IA have the ability to pay the rent to make the facility self—supporting. Storment seconded and asked about agencies now sup— ported by the City becoming tenants. Johnson suggested that the City would then be giving "in kind" service in lieu of receiving rent. Storment commented that if the City had to withhold support in the future, the agency then would have to pay the rent or vacate, _ and opined that the City could not afford "in kind" practices. Upon Just 's question, Mirk stated that it would be difficult to tell if future clients would be able to pay the rent. Kitto stated that the original motion required a definite answer and sug— gested that the amendment be stricken and perhaps made as a separate motion. JOHNSON WITHDREW THE AMENDMENT and Storment con— curred. Just 's motion carried upon a roll ` call vote, with Carey, Masters and Storment voting nay. On Mirk's question, clarifica— tion was given by those who voted in favor of the motion that this was to proceed with Phase IA and IB in one facility and in one location. Mayor Hogan noted that since this was the decision of the majority of the Council , the measure should now be supported by all of the Council , as provided for under Reed's Rules, as previously adopted by the Council as its guide. KITTO MOVED that the bond issue committee be requested to examine the financing of Phase II and to recommend to the Council _ the method of financing and also what should be included in the bond issue, if such an issue is recommended, and he stated that the purpose of the motion was to give the committee latitude and for the committee to include investigation of other things which may be needed in the Parks program. Just seconded. Larry Woodworth asked if_ the committee was to study the feasibility of a bond issue, and this was affirmed. KITTO WITHDREW THE MOTION, and Just withdrew the second. JOHNSON MOVED to instruct the bond issue com— mittee to study the feasibility of a bond issue for recreational projects needed in the City including Phase II . Kitto seconded. Masters noted that there had been difficulty before with the word "feasible" and defined it as .. ."workable, achievable, attainable, practicable or possible." Motion carried, with Masters dissenting. Upon the Mayor 's suggestion Tom Bailey was appointed temporary chairman of the bond committee, until a per— manent chairman is chosen by the committee. McCAUGHAN MOVED to transfer funds from the Grant Matching Fund to Kent Commons Project Fund to cover contracted architectural services, in the amounts of $59,848 for IA and IB and $ 16,650 for Phase II and bond issue preparation. Johnson seconded. Motion carried, with Masters voting nay. KENT COWAONS McCAUGHAN MOVED to authorize employment of Mr. Janacek to contact potential tenants regarding leases and space needs, Kitto seconded. Upon Just 's question, Street explained that the committee had reviewed the probability of certain tenants using the facility, but that Janacek had the exper- tise to get letters of intent and firm con- tracts for the space. It was noted that use would be diversified among various groups, and Bower pointed out that with Janacek's report we would be assured in advance that we would have tenants who would be able to pay -- the rent, and that the architect needed tenant information in order to design the building. Just asked if someone on the City staff could do this work instead of hiring Janacek. Street and Bower spoke in favor of using Janacek's professional assistance, on a part-time basis, at an hourly rate, estimatea at a cost of under $ 1 ,000. McCaughan pointed out that the motion would authorize contact only and that the decision on the rentals would not rest with Janacek. Upon Storment 's question, Street noted that Janacek would secure informa- tion from prospective tenants as to what type of space they would require, how much they would pay, when they would move in, etc. Just spoke in favor of having this done by City staff. Motion failed, with Carey, Just, Masters and Storment voting against. JUST MOVED for the administration to appoint a staff member to contact potential tenants regarding leases and space needs. Storment seconded. Motion carried unanimously. Discussion ensued on authorizing the Admini- strator to exercise the option on the Wallace Murray property. STORMENT MOVED TO TABLE this item until the first meeting in July, Carey seconded. Street noted that the architect had to be sure of the site before working on the design. Just noted that it has been discovered that the area was not sufficient, and that consideration was .now being given to designing a two-story facility. It was pointed out that this was the largest of the sites considered. Bower stated con- sideration was being given to a limited amount of space on a second floor for handball courts in Phase II , and some basement space for arts and crafts in Phase IB. McCaughan opined that both of these were agreeable to him. THE MOTION TO TABLE FAILED with only Storment and Carey voting in favor. WCAUGHAN MOVED to authorize the Administrator to exercise the option on the Wallace Murray property by July 31 , Johnson seconded. Upon a roll call vote, the motion FAILED, with Carey, Just, Masters and Storment voting against it. JOHNSON MOVED to acknowledge the Wallace Murray property as the site for the facility, Storment seconded, and asked about the ease- ment going through this property. Street explained that it was not an easement--that there had been some property taken from the site for the widening of 4th Avenue and James Street, on the North and East side of the Murray property. Motion carried, with Masters dissenting. (No authorization was given for exercising the option. ) r e_ HEALTH & Horseshoe Acres Storm Dater Pumping Station. SANITATION It was noted that Instrument Laboratory, Inc. has made final delivery of all the engine equipment per their contract for Horseshoe Acres Pump Station engines, and the Engineer- ing Department has recommended acceptance of their contract as complete. Accordingly, STORMENT MOVED that the Instrument Laboratory, Inc. contract for the Horseshoe Acres Storm Water Pumping Station engines be accepted as complete, Carey seconded. Motion carried. STREETS Six Year Arterial Street Program_. It was noted that a public hearing has been scheduled for this meeting to consider the 1977-1982 Six Year Arterial Street Construction Program. Traffic Engineer Olson explained the program, noting that the difference between the 6-year plan this year and past years was that the City could not now predict receiving UAB funds. Olson noted the following ten items, noting that these projects were proposed to be funded with City funds over the next six year period: Proposed Completion Estimated Project Date Cost 1 ) Russell Road Kent-Des Moines James 1980-1982 $ 1 ,010,000 2) Fourth Avenue Crow - Saar 1977 $ 95,000 3) Jason Avenue — Smith - James 1980-1982 $ 420,000 4) IOlst Ave/SE 260 St. SE 256th - 104th SE 1980-1982 $ 737,000 5) North Second Ave. Meeker - Smith 1977 $ 137,000 6) 112th Ave. SE SE 232nd - SE 240th 1980-1982 $ 687,000 7) 42nd Avenue S. 250th - S. 253rd 1979 $ 80,000 8) Military Road at Kent-Des Moines Road 1980-1982 $ 50,000 9) Fourth Ave. & Smith St. Fourth Ave. & Meeker St. 1977 $ 80,000 10) Smith Street Fourth to Lincoln 1979 $ 519,000 — Olson noted the following two projects which have had design and appraisal costs funded by UAB: 11 ) 104th Avenue SE 252nd - SE 260th 1977 $ 686,000 12) Central Avenue at Smith, Meeker Gowe & Willis 1977 $ 189,000 STREETS Olson then referred to seven projects which have been included in the six year construction program which are dependent upon outside fund— ing, as follows: Proposed Completion Estimated Project Date Cost 13) 104th Avenue 1977 $ 270,000 SE 236th — SE 1978 196,000 240th $ 466,000 14) Kent Kangley Road 1977 $ 15,000 SE 256th — 116th 1978 1 ,234,000 Avenue $ 1 ,249,000 15) Reith Road S. 253rd — Military Road 1980-1982 $2,350,000 16) East Valley Highway 1977 $ 128,000 S. 212th — 1978 297,000 S. 192nd 1979 1L500,000 $ 1 ,925,000 17) Meeker Street Green River — Wash. Ave. 1980-1982 $ 1 ,858,000 18) S. 196th Street EVH — WVH 1980-1982 $ 1 ,999,000 19) S. 180th Street 1977 $ 970,000 EVH — WVH 1980-1982 1 ,4501 000 $2,420,000 Mayor Hogan opened the public hearing. Barney Wilson referred to item I on the list, the improvement of Russell Road from Kent—Des Moines Highway to James Street, stating that the Park Board was concerned about this project cutting through the Russel Road Park and the increased traffic which might result. He suggested that the proposed improvement could be made to 64th Avenue which would create a better connection with Meeker Street in that area. Olson noted that development of that area was proposed and this was the reason for the projec* being included in the six year construction program, and he noted that the plan was updated every two years. Street expressed concern over item 2, Fourth Avenue improvement from Crow to Saar. He stated that installation of a fire pre— emption controlled signal at 4th & Willis should be given priority and he has requested that traffic on that street be monitored to see if the money should go into fire signalization rather than improving the road at this time. A letter from the Chamber of Commerce was read, noting that this organization had recently voted to encourage the City to conduct a right—of—way study for the widening of North Central Avenue from James Street to the Valley Freeway interchange to a 5—lane facility. MISTERS MOVED that the letter be accepted and made a part of the record, Just seconded. Motion carried. STREETS Mayor Hogan noted that while there are no foreseeable UAB funds available, there is $269,000 in FAM funds and the City was looking at applicable projects. JUST MOVED that the hearing be closed, Kitto seconded. Motion carried. WCAUGHAN MOVED that the City Attorney pre— pare a resolution approving the plan as amended at this hearing, Masters seconded. Mirk asked for clarification, and after some discussion, McCAUGHAN WITHDREW HIS MOTION, and Masters withdrew the second. McCAUGHAN MOVED that the City Attorney prepare a resolution to approve the plan, with the amendment that fire pre—emption signals be given priority in the road improvement item sug— gested in item 2. Masters seconded. It was noted the suggestion by the Chamber of Commerce would be given further study. Motion carried. Renton—Kent Joint Street Improvement Project. At the April 19 Council meeting a letter was read notifying Renton and Kent that the pro— posed EAA loan of $87,000 would be changed to a grant, and acceptance of the grant is neces-4 sary. MASTERS MOVED that the City of Kent does accept the EAA grant for partial funding of the S.W. 43rd/S. I80th Street improvement project and that the Mayor and Clerk be auth— orized to sign the said grant. Storment seconded. Motion carried. Smith Street Improvement Project. In connec— tion with the Smith Street improvement project, the overhead electrical distribution system will be converted to underground. Puget Power has requested an easement for the installation of their switch gear within the adjacent City parking lot. The said easement location would be in the vicinity of the northwest corner of the said parking lot, in the brick area behind the sidewalk and immediately south of the corner planter. In accordance with the recommendations of the Engineering Department, KITTO MOVED that the Mayor be authorized to sign an easement to Puget Power for the in— stallation of their switch gear and appurten— ances on City parking lot property. Storment seconded. Motion carried, with Carey abstaining. Meeker Street Improvement. At the last work session the Kent Development Association committee submitted a request that the plan for Meeker Street from 4th Avenue to 2nd Avenue be implemented with the cost not to exceed $5,700. The financing would be 1/2 from the adjacent property owners and 1/2 from money already allocated to Kent Develop— ment Association from the Metro rental . It is agreed that the private share wi I I be collected by KDA prior to the start of con— struction. They anticipate collections to be completed in 30 days. McCAUGHAN MOVED that the City enter into an agreement with Kent Development Association to implement the Meeker Street improvement on this basis, STREETS Storment seconded. Mirk noted that Meeker Street is one of the Federal Aid Highway System streets and according to State statutes no angle parking is allowed on such a street. He noted that the State Highway Commission will be contacted but all indications were that they will not grant approval of such angle parking on it because Meeker Street is not wide enough. Olson noted that he had prepared a letter requesting withdrawal from the Federal Aid Highway system of that portion of Meeker Street. He stated that since such requests were due by July I, it may not be possible to withdraw the street from the system this year. Mayor Hogan noted that in addition to requesting with— drawal from the State, the request should also be sent to the Sub Regional Committee of Transportation GSubTrans). Storment asked if requesting such removal from the Federal Aid Highway system would affect funding for the continuation of Kent— . Des Moines Road. Olson was not certain of this but noted that Federal Aid Highway Funds would not be available for any portion of a street withdrawn from the system. In answer to Masters' question, Olson confirmed that portions of streets could be added or withdrawn. Mirk noted that angle parking could not be implemented until the request to withdraw that portion of Meeker Street from the System had been granted by the State. He pointed out that the motion could be passed and then all of the aspects would be checked and a report given at the workshop session next week. Motion carried, with Just abstaining. TRAFFIC Railroads. A letter has been received from Mrs. Katherine Bower of 323 — Ist Ave. So. , Kent, complaining of the noise problem from the trains. It was noted that Mrs. Bower has been informed in previous years that the con— trol of the speed, the required warnings by whistle and bell , and all other regulations are set by the Utilities and Transportation Commission. WATER Sylvester Request . In accordance with the directions of the City Council the City Attorney and Director of Public Works have reviewed the request of Mr. and Mrs. Sylvester for water service and have determined that the City did not have a responsibility to furnish another water service, and the Syl— vester 's attorney has been so advised. Water Revenue Bonds. The City Attorney introduced Ordinance No. 1967 adopting a plan for additions, betterments and exten— sions to the water supply and distribution system of the City of Kent, and providing for the issuance and sale of $ 1 ,000,000 par value of Water Revenue Bonds, 1976 for the purpose of providing funds to carry out said plan, and repealing Ordinance 1962. WCAUGHAN MOVED that Ordinance 1967 be adopted, Kitto seconded. Motion carried. FINAL PLAT Western Farmers Replat. The public meeting for consideration of the approval of the final plat of Western Farmers Replat has been continued to this meeting. The public meeting was opened for comments. Ulett noted that both he and Harris had reviewed the plat and found that all requirements had been met. There were no further comments and the meeting was closed. KITTO MOVED that the Mayor and City Clerk be authorized to sign the Final Plat of the Western Farmers Replat, Just seconded. Motion carried. PLAT Par kside Preliminary Plat. On May 25, 1976, — the Planning Commission held a public hearing on the Parkside Preliminary Plat, and recom— mended approval with conditions. A public meeting should be set for June 21 , 1976, at which time the Council should consider adoption or rejection of the Planning Com— mission's recommendation. If the Council deems a change in the Planning Commission's recommendation is necessary, a public hearing will have to be conducted on July 6, 1976 to adopt the Council 's own recommendations and approve or disapprove the preliminary plat . KITTO MOVED that a public meeting to consider the Parkside Preliminary Plat be held June 21 , 1976, Storment seconded. Motion carried. Eastrid e Division No. I . The Eastridge Division #1 improvements have been completed and the release of the $500 cash bond is requested by the Public Works Department. KITTO MOVED that the bond be released, Storment seconded. Motion carried. Release of Easement — Dehnert 's Addition. A new easement has been granted for the — realignment of a road in order to maintain the sewer force main on West Hill . There is no need for the easement previously granted for this purpose and it is recommended that the Council authorize the release of the prior easement. KITTO MOVED to release the easement which affects a portion of Lot 10, Bloch 2, of Dehnert 's Addition, previously granted for maintenance of West Hill Force Main as recorded under King County Audi— tor 's File No. 7305180039, McCaughan seconded. On Masters' question, Mirk stated that the easement would revert back to the original grantor. Motion carried. REZONE Benaroya. The City Attorney introduced Ordinance No. 1964, rezoning certain property originally zoned RA (Residential Agricultural District ) zone to GC (General Commercial Dis— trict ) zone. JOHNSO N MOVED that Ordinance No. 1964 be adopted, Carey seconded. Motion carried. Sodenkamp. Ordinance No. 1965 was introduced by the City Attorney, rezoning a portion of — certain property originally zoned by the City of Kent as CC (Community Commercial District ) zone, to M2M (Medium Density Multiple Family Residential District ) zone. McCAUGHAN MOVED for the adoption of Ordinance 1965, Just seconded. Motion carried. ANNEXATIONS Roberts - Williams. The 75% annexation peti- tion has been received and will be forwarded to the Boundary Review Board. The Planning Department will initiate zoning hearings. Johnston. The Planning Department will initiate zoning hearings for the proposed Johnston annexation. SEPA A SEPA workshop was held May 27, 1976. Kent was represented by Jerry Ulett and Lyn Johns. The speakers at this workshop recommended adoption of an ordinance between June 8 and June 24 when the Economics Impact bill will be in force. While the City Attorney has advised that the Economic Impact bill has little, if any, ability to be effective, it is mandatory that the ordinance be adopted prior to July 15, 1976. Review of the ordi- nance is proposed for the work session June 14, and adoption is to be considered on June 21, 1976. CENSUS Notification has been received from the Office of Program Planning and Fiscal Management that our census figure for 1976 is to be 17,500. It was estimated by the City to be I7,636, but in reviewing all the input it is believed that it would be futile to disagree. FIRE West Hill Fire Station. Four bids were DEPARTMENT received for the addition to the West Hill Fire Station. The bids, including one alternate, and sales tax, are as follows: _ 1 ) Federal Construction Co. $24, 193.73 2) Roy E. Dunham Co. 30,432.05 3) Kington Construction 33,461 . 18 4) J. C. Hansen Company 35,875.71 This project has been funded from Federal Revenue Sharing Funds in the amount of $25,000. In addition to the contract cost the architectural fees are approximately $2,000 and supplies as listed below-are needed: 1 ) One battery operated Plectron receiver radio with relays, outside antenna and wiring supplies to install alarm system to eliminate hard wiring through the telephone company $ 369.00 2) Three beds, box springs mattresses, pillows and needed bedding 876.00 3) Four vertical darkening blinds 175.00 4) One dishwasher. This should be installed to pre- vent the passing of common colds and other diseases 474.00 5) One set stackable washer and dryer needed for wash- ing bedding, etc. 572.00 $ 2,466.00 FIRE Total costs, including architectural fees, DEPARTMENT will be approximately $28,660. In accordance with the recommendation of the administration, STORMENT MOVED that the best bid of Federal Construction Co. be accepted, Kitto seconded. Motion carried. West Hill Fire Station. Johnson stated that remodeling of the West Hill Fire Station had been planned so that it could be manned 24 hours a day, but that she now understood that it would only be manned 8 hours a day during — the daytime. She suggested that two men be taken out of Industrial Station 6 immediately during the daytime since we have back—up manpower in the valley. As an alternate, she suggested that the fire inspectors could change their schedule so that two men could be on the West Hill for the next six weeks with a truck, completing their inspections. This would provide protection in case of another major fire in that area. She objected to waiting until August I to have two men trained and suggested that two men be trans— ferred from some other station to afford , daytime protection to the West Hill . Foster determined that there were only two men based at Station 6 during the daytime and that the fire inspectors had just about com— pleted their work on the West Hill . On McCaughan's question, Foster noted that assistance could be obtained from Tukwila, but a fee would be charged. It was deter— mined that Station 6 afforded fire protec— tion to the Boeing Space Facility. Street noted that the proposal was to make _ the transfer by July I to have a manned station on the West Hill during the day— time, pointing out that the volunteers were available in the evening. The plan was to take some funds from the operation of the Fire Department to add to the funds allocated for the purpose of having two men on a daytime basis on the West Hill . It was pointed out that the West Hill station would not be livable during remodeling. JOHNSON MOVED that arrangements be made to assign two men to the West Hill Station during the day for an 8 hour period, Carey seconded. Kitto noted that this matter has been under consideration by the Finance Committee for some time and they were wait— ing for a recommendation from administration. He noted that in spite of the loss incurred during the recent fire on the West Hill , it was his opinion that the matter of manning the station should be done properly. Masters commented that instead of expecting two firemen to park out in the street for eight hours a day, it was more reasonable to wait until the station remodeling is completed. Street noted that the funds will be avail— able for manning the station just as soon as it is remodeled. FIRE JUST MOVED to table the matter until the DEPARTMENT station is ready on the West Hill , Masters seconded, and commented that this action is only reaffirming prior Council intent. Storment noted that he would vote against tabling the motion and would lik<e. the matter brought back to the workshop so that discus— sion could be held on the possibility of expediting the manning of the station. Just agreed that the Council had always planned to assign two men there as soon as the facility is remodeled. He pointed out that there was no question of the need for firemen in that area. Johnson stated that the facility has been usable since January and now that the remodeling will start it will not be livable. Foster pointed out that the facility does not meet the Health Department requirements and Johnson opined that some requirements could be overlooked for only two men. Motion to table carried, with Storment, Johnson and Carey voting nay. District 37. Fire Chief Foster noted that under the terms of the agreement the City was to have an annual meeting with the Commissioners of Fire District 37 in June. He noted that a time should be set and the proper persons notified of the meet— ing. CIVIL Reappointment. Mayor Hogan has proposed to SERVICE reappoint Ken Yahn to the Civil Service Com— COMMISSION mission for a six year term. McCAUGHAN MOVED that the reappointment of Ken Yahn be confirmed, Just seconded. Motion carried. KENT Executive Director. Police Captain Grant VALLEY introduced Sander Cakebread, the new Execu— YOUTH tive Director of KVYS. Grant noted that SERVICES Mr. Cakebread had been selected from over 100 applicants, has held a position as Director of North Portland Youth Service Center, and also served as counselor and chaplain for the Air Force. Mr. Cakebread stated that his reasons for choosing this position in Kent were because of the community spirit and the support which the Center receives. GAMBLING A letter was read from Kent Morrill , owner of the Virginia Tavern, and Frank Daminoia, owner of the Fireside Tavern, requesting that the City reconsider the ordinance which prohibits'rcertain forms of gambling in the City of Kent. The letter noted that the State Gambling Commission has approved the new gaming devices which allow visual contact with an entire series of tabs and that such machines will be the _ only ones permitted after July I , 1976. The letter indicated the income over the past year realized from gambling taxes in Auburn, Renton and Tukwila. KITTO MOVED that the letter be accepted and referred to the committee of the whole, Just seconded. Motion carried. NOISE A petition/ letter was read from Roberta CONTROL Straub, 10215 S.E. 239th Street, containing 15 signatures of residents of the area expressing interest in the new proposed Kent ordinance for noise control as it will relate to the area surrounding the Ad—Lib Tavern. She noted that the signers of the petition wished to register objection to the present noise disturbance caused by the loud, live music which occurs nightly at the tavern. The reply to Mrs. Straub's letter by the City was read by the City Administrator, _ noting that the Planning Department was work— ing on a noise control ordinance and it was hoped that it would be presented to the Council early in July. The letter also noted that the petitioners would be notified of the meeting to give them an opportunity to add further input on the matter . MASTERS MOVED that the letters be accepted and referred to the committee of the whole, McCaughan seconded. Motion carried. CLAIMS Jane Norman. On May 19, 1975, a claim was filed by Jane Norman for damage to her apart— ment by a Kent Police Officer. Action of the Council was to forward the claim to our insurance agent. On July 7, 1975, F. W. Turner of I NA denied the claim for the reason that the damage was not the result of an accident. Upon investigation, the City Attorney determined that the City had a liability for the damage and •has requested that the Council approve the payment of the claim in the amount of $ 168.48. The payment will be made to Braunschweig Construction Co. who did the repair work. STORMENT MOVED — that the payment of $ 166.48.to Braunschweig Construction Co. for damage to the apartment of Jane Norman be approved, McCaughan seconded. Motion carried. KING COUNTY Councilperson Johnson reported that she RAPE RELIEF had attended the organizational meeting at the King County Rape Relief office. COUNCIL City Administrator Street reported that he would be out of the City attending the AWC convention in Spokane June 15 through 19 and asked that agenda items for the June 21 Council meeting be submitted as early as possible on June 14. BIDS East Hill Community Hall . One bid was received from Art Kleppen, Jr. in the amount of $ 18, 100 for the East Hill Community Hall site. This is in excess of the minimum posted in the Call for Bids and it is recom— mended that the bid be accepted. KITTO MOVED that the bid of Art Kleppen, Jr. in the amount of $ 18, 100 be accepted, Masters seconded. Motion carried. PARKS & Permiss-i•ve Park Use of Wade & Associates RECREATION Property. It was noted that Marilyn Jones, Planning Commissioner, has requested land— scaping of the area at the corner of 248th PARKS & and 38th Avenue S. , which is the corner of RECREATION the Nike Site. It is agreeable with the National Guard. In order to accomplish this, the City has informed the Seattle Times to find another location for their paper shack. It was noted that across the street from this corner is vacant property owned by Wade & Associates which is in deplorable condition, due in part to its use as a neighborhood dumping site. A dispute has arisen as to whose responsibility it is to clean up the area and in order to resolve the problem, the City is proposing to clean up the south 30 feet of the property In exchange for permissive park use. The following would also be accomplished: Il Clean up the area - the owner has agreed to clean up the remainder of the property. 2) Provide a less obtrusive place for the Seattle Times facility. 3) Provide public right-of-way for the students coming across this property to Sunnycrest Elementary which coordi- nates with the patrolled, existing crosswalks on Military and 38th Streets. MASTERS MOVED that the Mayor be authorized to sign an agreement with Wade & Associates for permissive park use of the south 30 feet of their property between Military & 38th Streets, Johnson seconded. Upon McCaughan's question, Mayor Hogan noted that the development of the Parkside Plat would result in additional traffic coming down 38th Avenue. She noted that the clean-up would require two or three loads of material to be taken to the refuse station and maintenance would amount to occasional mowing of existing grass and possibly adding more gravel to the walkway. Motion carried. Summer Employment . Permission has been re- quested to hire Mike and Lloyd Wallace, who are brothers, to work in the Park Department during the summer months. Sill Stevens has recommended this action as they were excellent employees in the 1975 summer program. They are not related to any other City employee and the request has been considered by the Finance Committee. McCAUGHAN MOVED that the Parks Department be authorized to hire Mike and Lloyd Wallace to work during the summer of 1976 on ground maintenance and on the street tree program on South Central . Johnson seconded. Motion carried. A letter was read from Marny Burdega, Publicity Chairman of the Washington Recreation & Park Society, Inc. , announcing that Barney Wilson has been appointed the new President Elect of the Washington Recreation & Park Society for the year 1976. MASTERS MOVED that the letter be accepted, McCaughan seconded. Motion carried. r? METRO Park & Ride Shelter. The City of Kent has been working with Metro on the possibility of placing a small shelter at Kent Memorial Park which would benefit those people utili— zing the parking lot during the day. This is a secondary park and ride lot facility and more than 20 people use it daily. KITTO MOVED that the City authorize Metro to place a small shelter at Kent Memorial Park for use by those utilizing the parking lot during the day. Just seconded. Storment questioned whether there was any possibility of having the cars from the lot use State Street for exiting. Street stated that he would discuss with Wilson the possibility of directing traffic to State Street. Motion carried. PUBLIC Public Works Director Ulett introduced three WORKS Public Works Department employees who have earned awards. Mayor Hogan presented the following certificates as issued by the Board of Certification for Washington State Water Works Operators: Bob Kristofferson Wastewater Collection Specialist I and General Water Works Specialist Nelden D. Hewitt Wastewater Collection Specialist I and Cross Connection Water Works Specialist Alex Senecaut, Jr. Wastewater Collection Specialist in Training BICENTENNIAL A letter from John Long, Kent Bicentennial — COMMITTEE Chairman, was read, expressing his disappoint— ment in that the Bicentennial Committee had failed to obtain sufficient funds to portray one of the largest fireworks displays to be ever held in the entire Northwest. The letter further indicated that the architectural drawings for the gazebo are now completed and a list of materials needed will be supplied to all interested parties. The target com— pletion date is September I , 1976. Mr. Long also asked community support for the Green River Canoe and Raft Race scheduled for August 15, 1976, noting that the Bicentennial Committee will furnish trophies and asked that someone in the community be willing to sponsor the event, which could become an annual one. STORMENT MOVED that the letter be accepted, Masters seconded. Motion carried. MEEKER DAYS Meeker Days Parade. A letter was read from Carolyn McKinley, Parade Chairman of the 1976 Meeker Days Celebration, announcing that Meeker Days Celebration would be observed July 22-25 and encouraging the _ City to participate in the parade to be held Sunday, July 25, at 3:00 o'clock p.m. MASTERS MOVED that the letter be accepted and referred to the committee of the whole, Carey seconded. Notion carried. KENT ARTS Carolyn Wiley of the Kent Arts Commission COMMISSION noted thai the Commission was in the process of reorganizing and the names of new pros— pective appointees would be submitted to the Mayor at a later date. ASSOCIATION AWC Convention. It was noted that each OF WASHINGTON member City of the Association of Washing— CITIES ton Cities is entitled to three voting delegates. These delegates should be elected officials, but as of this date, -- Councilpersons Masters and Johnson are the only elected officials who have indi— cated they will attend. Three staff members, Marie Jensen, Margaret Drotz, and Joe Street plan to attend. McCAUGHAN MOVED that Masters, Johnson and Jensen be designated as voting delegates, with Drotz and Street as alternates. Carey seconded. Motion carried. HOLIDAYS The State Legislature has set mandatory holidays that must be observed by City employees. This schedule will be imple— mented in 1977 since a majority of the City's employees are under labor contract for 1976. The holidays to be observed are as follows: Holiday Date to be Observed New Year 's Day January I Lincoln's Birthday February 12 Washington's Birthday 3rd Monday in Feb. Memorial Day Last Monday in May Independence Day July 4 Labor Day Ist Monday in Sept. Veteran's Day November 11 Thanksgiving Day 4th Thursday in Nov. The Day After Thanksgiving 4th Friday in Nov. Christmas December 25 One Floating Holiday At Employee's Choice APPEAL Marlowe Hiatt. It was noted that on April 27, CONDITIONAL 1976 the Planning Commission held a public USE PERMIT hearing on the application of Marlowe Hiatt for a Conditional Use Permit to operate a group home for mentally retarded adults at 503 S. 3rd Street. The area is zoned M2M, Medium Density Multiple Family Residential . The permit was granted by the Planning Commission, and subse— quently Rita Daniels filed an appeal to the Council on the granting of the permit. A public hearing on this appeal is scheduled for this meeting. Mayor Hogan opened the hearing, and the Clerk introduced correspondence. A letter was read from Rita Daniels stating that at the Planning Commission hearing the issue became retarded adults, and not the effect of zoning changes. As a resident of the area, Ms. Daniels objected to permitting this commercial enterprise in a residential area and expressed the concern of the homeowners that this would open the way for more commercial ventures, thus making the area less suitable for residential use. The letter further noted that the objection was not based upon the fact that mentally retarded r3I'� APPEAL adults would live in the home, and pointed out CONDITIONAL that there was already a group home in the USE PERMIT neighborhood for retarded children. MASTERS MOVED for the letter to be made a part of the record, Carey seconded. Motion carried. At Kitto's request, Harris read from Sec. 6.3. 1 of the Zoning Code, pertaining to types of General Conditional Uses in any zone, as follows: "drive—in churches, retirement homes, convalescent homes and other welfare facilities, whether privately or publicly — operated, facilities for rehabilitation or correction, private clubs, fraternal lodges, etc." Upon Kitto's question, he explained that the commercial aspect of the proposed group home had not been discussed at the Planning Commission hearing as this was not really a commercial operation inasmuch as goods were not being sold. He confirmed that there was not a general discussion on the commercial aspect of this proposal , as it was not introduced from the floor. It was determined that a retarded children's group home, a fire station and two tot lots were the only other non—residential uses in this area. A letter was read from Elias Rottle endorsing the concept of the proposed home, and further stating that he had had mentally retarded adults as customers in his store over the past two years and had encountered no problems. MASTERS MOVED for the letter to be made a part of the record, Johnson seconded. Motion carried. A letter was read from the South King County Activity Center, a rehabilitation program for handicapped adults, expressing the Center 's willingness to serve those who might reside at the proposed group home. JOHNSON MOVED to make this letter a part of the record, McCaughan seconded. Motion carried. The Clerk noted that Mr. Hiatt had filed, and supplied to the Council , copies of letters and reports specifying what changes to the residence were necessary in order to operate it as a group home, along with the remedies proposed. The communications were from the State Fire Marshal , Kent Building & Fire Prevention Bureau, and the DSHS Licensing & Certification Section. MASTERS MOVED to make these documents a part of the record, Storment seconded. Notion carried. Mayor Hogan noted that the hearing was now open for input from any ci.tizens who were of the opinion that the Planning Commission exceeded its authority or acted in an arbi— trary or capricious manner in granting the permit. Michael Hanis, attorney representing several residents of the area, stated that the issue is not that of mentally retarded adults, but rather is that of zoning. He noted that at the Planning Commission hearing, APPEAL each Commissioner spoke about mentally CONDITIONAL retarded people, and that comments made USE PERMIT from the audience by proponents of the venture implied that objections to this type,,of facility were based largely on "public ignorance" on retardation. He stated that the opponents therefore were reluctant to voice their objections as they were fearful of being lumped into this category. Hanis declared that what the residents wanted to discuss before the Planning Commission was the suitability of the location for the type of venture proposed. He said the residents felt that a change of zoning is a threat to the residential character of the neighborhood, as this is considered a business, and that the people fear that property values would be affected. He stated further that the resi— dents were uncertain of Mr. Hiatt's credibility, since his former operation had recently been decertified for safety factors. He commented also that there was no space for outdoor recreation and that the traffic in the area was heavy. Hanis further noted his clients would have to take Hiatt's word as to the proper screening of the residents proposed for the group home, and also that they would be properly supervised. He declared that since all of these items were not discussed at the Planning Commission hearing, that the actions of the Planning Commission in granting the conditional use permit were, therefore, arbitrary and capricious. Kitto asked which of these points had been _ covered at the Planning Commission hearing and Hanis stated that he thought all were mentioned, but not discussed as vigorously as they might have been because people were afraid that their objections would label them as prejudiced and ignorant insofar as the mentally retarded are concerned. Upon Storment 's question, Hanis stated that according to newspaper articles, Hiatt 's Valley Lodge Home had been decertified about three weeks ago. Masters likened a group home operation to a couple who care for foster children, and Hanis declared that the proposed group home was a business but care of foster children was not. At her further question he pointed out that the requirement of the special permit for this type of operation indicated that this was a zoning matter. Harris determined for Storment that the Skyview Home for Children was in existence before the adop— tion of the new Zoning Code in 1973. Ken Merager, a teacher at the Grandview School , stated that he had attended the Planning Commission hearing and asked that the petition from property owners which was read at the Planning Commission meeting, be now read at this hearing. He noted that the contents of the petition were different from the contents of the letter from Ms. Daniels which was read tonight. The peti— tion, which has been made a part of the record, was read by the Clerk. APPEAL At Planning Commissioner Long's question CONDITIONAL about the meaning of "arbitrary and capri— USE PEkMIT cious," Mirk pointed out that the hearing tonight is restricted to consideration as to whether the Planning Commission afforded those who wished to speak the opportunity to do so at the Planning Commission hearing. He pointed out that the Council could refer the matter back to the Planning Commission for further hearing, but that the Council did not have the right to take additional testimony upon the matter because the Planning Commission is the body which held the hearing. He clarified that new testimony was not per— mitted, only that which is directed to deter— mining whether the Commission acted in an ar t i br ar y and capricious manner. Gene Bremner of 716 S. 3rd noted that if this venture didn't work out the house would not automatically be approved for another business venture, that it would revert to residential use again. He stated further that other conditional uses might be sought in the area, and opined that this type of operation should be spread throughout the City instead of having two such ventures in the same area. Upon Storment 's question Mirk stated that only those who had attended the Planning Commission hearing should speak at this hearing, and he explained that the Planning Commission, in conditional use matters, did not act in an advisory capacity, that they made the final decision, subject only to an appeal to the Council . The Council , in hearing an appeal, will consider only whether the Planning Commission acted properly in following the requirements of the Zoning Code. Harris determined for Masters that Ms. Daniels had written both the petition and the letter. Masters noted that the contents of the two documents differed, and that the Planning Commission considered the petition while the Council was expected to consider the contents of the letter. Mirk concurred, and stated that if the Council was of the opinion that the people at the Planning Commission hearing were not given the opportunity to speak on other aspects because the discussion started out with the mentally handicapped aspect, then the Council should refer the matter back to the Planning Commission. If, however, the Council felt that the hearing was con— ducted fairly, with opportunity to speak given to the people attending, then the Planning Commission hearing was a proper hearing. Kitto opined that anyone who felt that the Planning Commission acted in an arbitrary and capricious manner should be allowed to speak tonight whether they had attended the Planning Commission hearing or not. Masters noted that she had attended the Planning Commission hearing and thought that it had been fairly conducted, although she could sympathize with those who might be too timid to speak up. She noted that the input concerned the mentally retarded, APPEAL and not the effect upon the zoning. Just CONDITIONAL supported the City Attorney and was in USE PERMIT favor of hearing only those who attended the Commission hearing. Mirk invited any— one who felt that they had been intimidated at the Commission hearing to speak. There appeared to be no one else who wished to speak, after it was noted that Mr. Hanis had spoken on behalf of many of the resi— dents of the area. Mr. Hiatt 's attorney noted that the Planning Commission had granted the permit on 6-0 vote, with one member abstaining, and stated further that Mr. Hanis had not shown that the Commission had acted in an arbi— trary and capricious manner. He noted that Hanis' comments about any other venture of Mr. Hiatt 's had nothing to do with this issue. There were no further comments, and STORMENT MOVED to close the hearing, Carey seconded. Motion carried. JUST MOVED that the conditional use permit be upheld, Carey seconded. Kitto stated he felt that the Planning Commission hearing had been fair and open and that arguments presented tonight should have been aired at the Com— mission hearing. Masters concurred, and noted that the people might have personal reasons for not wanting the facility in their neighborhood, but that it was not the function of the Council to make a decision on that basis. Notion carried unanimously. FEDERAL It was noted that a public hearing on pro— REVENUE posed Federal Revenue Sharing projects SHARING will be held June 21, 1976. The public is encouraged to participate and depart— ments have been asked to make submittals. BUDGET The final ordinance amending the 1975 budget for transfers and adjustments was reviewed at the last workshop. The City Attorney introduced Ordinance No. 1966 amending the 1975 budget for transfers and adjustments. KITTO MOVED that Ordinance 1966 be adopted, Storment seconded. Masters noted in the future that any further ordinances dealing with transfers and adjustments to the budget would be brought before the Council quarterly instead of once a year. Motion carried. FINANCE A letter was read from Donald W. Beatty, Executive Director, Municipal Finance Offi— cers Association, acknowledging the apprecia— tion of the Association for City Treasurer Margaret Drotz's participation as a discussant during the MFOA Annual Conference in San Francisco. MASTERS MOVED that the letter be made a part of the record with a copy to Margaret Drotz, Carey seconded. Notion carried. Utility Rates. Storment noted that he had received requests for a reduction of rates on utility bills for senior citizens. Street noted that the matter could be discussed at a future workshop. FINANCE Personnel . Kitto reported that on May 28 the Finance Committee reviewed salary reclassi— fication requests submitted by various depart— ments of the City. After reviewing comparison salaries of those positions in other cities of comparable size, the Committee recommends the following positions be reclassified effec— tive April I , 1976: From To Fire Dept. Deputy Chief 37E 39E *Building inspector 24E 28D -Clerk Typists (2) 6D/E IOC/D 6E IOD All Depts. Administrative Secretary 12 14 Water Dept. *Maintenance Man 11 20E 26C Finance Dept. Keypunch Operator 5E 7E Parks Dept. *Office Supervisor 17E 24B Program Supervisor 24E 25E *Title will be changed. KITTO MOVED to adopt the above changes retroactive to April I , 1976, Johnson seconded. On Masters' question, Street noted that the money to cover such reclassifications was budgeted and would amount to $ 11 ,000. Motion carried. KITTO MOVED that the bills received on or before June 4, 1976 and approved by the Finance Committee at its meeting to be held at 8:00 a.m. on June 15, 1976 be paid. Storment seconded. Motion carried. The following claims were approved by the Finance Committee at its meeting on May 28, 1976: -- Current Expense $ 44,727. 19 Federal/State Grant Fund 5,000.00 Parks & Recreation 9,862.78 City Streets 9,570.80 Park Forward Thrust Fund 1 ,050.00 Alcoholic Rehabilitation Fund 893.95 Federal Shared Revenue 4,690.25 Kent Commons Construction 2, 156.93 Smith — Central to 4th 25.60 EH Booster Pump 606.36 104th Ave. Water Main 13,000.98 Equipment Rental Fund 6,617. 19 Housing & Community Development 276.35 Firemans Relief & Pension 4,509` 66 Leoff Disability 3,429.85 Sewer 44,339.93 Water 5,663.22 Garbage 432.46 $ I56,852.50 MEETING ADJOURNED: 11 :20 p.m. Respectfully submitted, Marie Jens n, CMC City Clerk