HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/02/1976 �12
Kent, Washington
August 2, 1976
Regular meeting of the Kent City Council was called to order at 8:00
o'clock p.m. Present : Mayor Hogan, Councilpersons Carey, Kitto,
Masters, McCaughan and Storment, City Administrator Street, City
Attorney Mirk, Planning Director Harris, Public Works Director Ulett,
and Finance Director Winkle. Councilpersons Johnson and Just were
absent. Also present : Planning Commissioners Marilyn Jones and Harry
le were in attendance at the meeting.
Williams. Approximately 45 peop
MINUTES KITTO MOVED that the minutes of the meeting held
July 19, 1976 be approved as printed, Storment
seconded. Notion carried.
UNDERGROUND LID 279. A hearing on the proposed LID 279 for
WIRING the underground wiring at the Smith Street Shop-
ping Center has been continued at the request of
Mr. need, Consulting Engineer for the property
owners. The public hearing was opened by the
Mayor. There were no comments from the audience.
A letter was read from Herbert Reed regarding
what they considered unreasonable and excessive
charges for the proposed LID. Mr. Reed reques-
ted that he be allowed to meet with representa-
tives of the Council , Engineering Department ,
State Electrical Inspector and Puget Power .to
review possible alternate solutions to the
problem and further suggested that no action
be taken at this Council meeting regarding the
LID. Mr. Reed further requested that the City
Council appoint a committee to examine this
particular undergrounding activity to estab-
lish guidelines for variances. MASTERS MOVED
.that the letter be made a part of the record,
Carey seconded. Motion carried. KITTO MOVED
that the hearing be closed, Storment seconded.
Motion carried. STORMENT MOVED that the matter
be referred to the Public Utilities Committee,
Kitto seconded. Ulett determined that the mat-
ter could be discussed at the Committee meeting
on August 4 to be held at 8: 15 a.m. Kitto
noted that the Council would have to make some
variances to the underground ordinance.
Motion carried.
ANNEXATION Roberts_&_Williams. Public Works Director Ulett
described the area of the proposed Roberts &
Williams annexation, noting that it consisted
of approximately ten acres at the S.E. corner of
the intersection of 104th S.E. and S.E. 240th.
He noted that the property consisted of some i
vacant land and some single family dwellings,
with a service station on the corner. The public
hearing was opened by the Mayor. Mr. Roger
Belanich noted that he was the ultimate purchaser
of the property and had initiated the annexation
proceedings. There was no correspondence and
no further comments from the audience. KITTO
MOVED that the hearing be closed, S.forment
seconded. Motion carried. KITTO MOVED that
the City Attorney be directed to prepare an
ordinance annexing the Roberts & Williams
property upon receipt of Boundary Review Board
approval, Storment seconded. Motion carried.
ZONING OF On June 22, 1976 the Planning Commission held a
ROBERTS & public hearing on the initial zoning for the
WILLIAMS iloberts & Williams annexation which lies at the
ANNEXATION southeast corner of the intersection of 104th
S.E. and S.E. 240th Street. It is the Planning
Commission's recommendation that this area be
zoned CC, Community Commercial . Harris noted
the other CC zoning in the area and pointed out
that the East Hill Plan designated the area in
question as commercial and office zoning. The
Mayor opened the public hearing. Roger Belanich,
purchases of the property, stated that he was
available for any questions regarding the pro-
posed zoning. There were no further comments
and no correspondence. In accordance with the
Zoning Code provisions, McCAUGHAN MOVED that
the hearing be continued until September 7,
1976, Carey seconded. Motion carried.
ZONING OF On June 22, 1976, the Planning Commission held
JOHNSTON a public hearing on the initial zoning for the
ANNEXATION
Johnston annexation, consisting of approximately
25 acres, lying between S. 218th Street and S.
22.2nd Street , along 93rd Avenue S. It is the
recommendation of the Planning Commission that
this area be zoned RI-20, Single Family Residen-
tial , with minimum lot size of 20,000 square feet .
Harris noted that present King County zoning
classification of the proposed annexation is SR,
Suburban Residential . The Mayor opened the public
hearing. There was no correspondence and no com-
ments were offered from the audience. Storment
questioned whether there was any gravel excavation
going on in the area and Harris noted that there
was not . Since the Zoning Code requires that
zoning annexations be considered twice, KI
TTO
MOVED that the hearing be continued until Septem-
ber 7, 1976, Storment seconded. Motion carried.
7.0NING OF On July 27, 1976 the Planning Commission held a
REVISED public hearing on the initial zoning for the
PLFMMONS
Revised Plemmons annexation, consisting of approxi-
ANNEXATION mately 22 acres, lying at the northwest corner of
the intersection of S.E. 256th Street and 116th
Avenue S.E. The Planning Commission has recom-
mended that this area be zoned RI-9.6, Single
Family Residential with minimum lot size of
9.600 square feet. The public hearing was
opened by the Mayor. Lillian Enq_strom spoke
from the audience, noting that she lived within
this recently annexed area, and stated that
the lot she owned was larger than 9,600 square
feet and that they were in favor of the Plan-
ning Commission recommendation. Paul Lonothorp
noted that he was opposed to anything less than
9,600 square foot lots. He pointed out that if
7,200 square foot lots were permitted, the value
of the homes in the surrounding area would be de-
creased. There were no further comments and no
correspondence. In accordance with the Zoning
Code requirements, KITTO MOVED to continue the
hearing to the September 7, 1976 Council meet-
inq. Storment seconded. Motion carried.
ZONING SAVE vs. Bothell Case. A letter was read from
Geoffrey Ethelston, City Manager, City o
Bothell , asking if Kent wished to share in
the cost of assisting in an appeal in the
above mentioned case. This case concerns
a recent rezone matter in their area which
could possibly be of significance to local govern-
ment jurisdictions in controlling land use within
their boundaries. MASTERS MOVED that the letter
be made a part of the record, and referred to the
committee of the whole for further discussion,
Carey seconded. Motion carried.
1
RE70NE WiIIo Vista — Douglas Ellis. The City Attorney
introduced Ordinance _No. 1980 rezoning the Willo
Vista/Ellis property from CM (Commercial Manu—
facturing) to MRM. MASTERS MOVED that Ordinance
No. 1980 be adopted, McCaughan seconded. Motion
carried.
PLAT Highridge #3. The improvements required as a
condition of platting Highridge #3 have been
completed and are recommended for acceptance
by the Public Works Department. The gravelled
walkways were constructed as specified. The
developer is responsible for the first year 's
maintenance and operation of the storm water
dentention basin. KITTO MOVED that the improve—
ments be accepted with the developer having the
first year 's responsibility for maintenance and
operation of the storm water detention basin
and that the $500 cash bond be released upon
payment of any outstanding bills, and that
$48,500 of the $49,000 plat bond be released.
Masters seconded. Ulett explained that the
remaining $500 would be held for the monument
work still to be completed. Upon Masters'
question, Street pointed out that Drake was
aware that he was responsible, through a sepa—
rate agreement , to maintain the detention
basin for the first year. Motion carried.
( It was determined by Ulett on August 3 that
the entire M4 ,000 plat bond would be released,
as Mr. Drake had deposited a $500 certified
check to cover the monuments. )
PRELIMINARY Green Valley Heights #5. On July 27, 1976
PLAT the Planning Commission held a public hearing
on the Green Valley Heights #5 Preliminary
Plat , and recommended APPROVAL with CONDITIONS.
McCAUGHAN MOVED that a public meeting to consider
Green Valley Heights #5 Preliminary Plat be held
August 16, 1976, Carey seconded. It was noted
that if the Council does not accept the Planning
Commission's recommendation a further public hear—
ing must be held. Harris determined that the
subject plat is near Sunnycrest School . Masters
asked if there was some property to the east of
the plat that could conceivably be developed and
Harris opined that this was doubtful as develop—
ment would require removal of part of the hill—
side. Street determined for Masters that this
property to the east of the proposed prel imi ni—
nary plat is landlocked and always has been land—
locked except by the freeway. He noted ' hat it
had been suggested that the Green Valley Heights
#5 Plat should provide access to the landlocked
area and noted that meetings would be held con:
c.ernina the problem. Motion carried.
Green Valley Heights #6 keplat. At the last
work session a thorough discussion of Green
Valley Heights #5 Siandi, ision was held. It
was pointed out that the present owners may
sell the land by metes and bounds description
be-ause it was previously platted and accepted
by the City. The restrictions proposed by the
Plannina Department and Public Works Department
may be enforced either by the application of
the Building Code or by covenants placed upon
the replat. Street stated that the applicant
had contacted the City Attorney and requested
that the plat application be withdrawn and
therefore no further action was necessary by
the Council .
PRELIMINARY McCaughan stated that he had viewed the area
PLAT today and shared the concern of the present
property owners who live above the proposed
subdivision. He quoted from portions of the
code covering hillside development and stated
that it was his hope that the plat could be
red—flagged so that the Building Department
would be alerted to the danger that exists
before any future building permits were issued.
Mirk stated that this had been done. McCaughan
noted that another home was being constructed
at S. 247th and 43rd Ave. S. It was determined
that this location was not within the confines
of Green Valley Heights #6. He noted that
Chapter 70 of the Building Code provides for
the Building Official to be authorized to insist
on a soil engineering report and a geology
report. M:Caughan suggested that the whole
area could be red—flagged to ensure compliance
with the terms of Chapter 70. He stated that
he wished the record to show that the Council
was concerned for the protection of the resi—
dents above and below such questionable build—
ing sites.
A letter was read from Steven. and Linda Helgerson,
25128 — 43rd Avenue So. , and Henry and Carol Kerr,
25202 — 43rd Avenue So. , asking the Council to
institute the necessary safeguards for the hill—
side by requiring compliance with thc-recommenda—
tions of the Planninq staff and of the Public
Works Department . They requested that specific
requirements be annotated on the plat. MASTERS
MOVED that the letter be made a part of the record,
Carey seconded. Motion carried. It was deter—
mined for the Mayor that the owner cou(Pd build
on the plat as it now existed. McCaughan opined
that the conditions he was suggesting should be
made a part of the existing plat as well , with
the Building Official following through on such
conditions when a builder comes in for a build—
ing or grading permit. MASTERS MOVED that in
view of the concerns of the residents in the
area, that it was appropriate for the Council
to go on record to ask that the City Building
Department be especially prudent in monitoring
this development . McCaughan seconded. Masters
stated that the purpose of the motion is to
emphasize to the City staff that the concerns
expressed by the citizens are valid and that
the City should make an effort to accommodate
these people. It was ascertained for Masters
that inspections were regularly made during
stages of construction, and she stated that
inspectors should be doubly sure that they
check on all phases of construction and grading
when issuing permits for building homes. It was
determined that there was no construction in pro—
gress- in the area now and Mirk noted that the
staff had recently met and discussed the matter
of the enforcement of the Code. Motion carried.
HEALTH & Request for Sewer and 4vater Hookup — Plemmons.
SANITATION A letter was read from Charles k. Branson,
attorney for Jim H. Plemmons, requesting water
hookup and temporary sewer hookup to serve prop—
erty owned by Plemmons. The temporary hookup
for sewer would be for a period of five years
or until the assessed valuation is sufficient
to permit annexation to the City or until the
property is annexed into the Cascade Sewer District.
(M
HEALTH & The letter further requested that if the City
SANITATION does not wish to provide a temporary extension
of sewer service that an agreement be entered
into between the City and the Cascade Sewer
District so that temporary service can be
obtained from Cascade Sewer District until
the property can be annexed into the District
or into the City.
MASTERS MOVED that the letter be made a matter
of record and referred to the Public Ut i IN ti es
Committee, Storment seconded. Upon Masters'
question, Street noted that this was the prop-
erty east of the Revised Plemmons Annexation
on which Plemmons had proposed to erect a
group of rental homes. It was further clari-
fied that this property had not been annexed
because sufficient signatures were not secured.
Masters questioned whether this request was an
attempt by Plemmons to get around the City's
policy of not providing water and sewer service
without annexation. Notion carried.
LID 278 - Wiaton Sanitary Sewer. Ordinance
_ _ ._
No. 1981 .was introduced by the City Attorney
approving and confirming the final assessment
roll for LID 278. STORMENT MOVED that Ordi-
nance No. 1981 be adopted, Kitto seconded.
Motion carried.
Soil Conservation Service. McCaughan reported
that a meeting was held on the Soil Conserva-
tion channelization plans for the Valley last
Wednesday, and noted that the next meeting
would be held on September 16 at 7:30 p.m.
He noted that two persons were financed by
the County to help in determining future financ-
ing to keep the project going.
Street reported that Gary Volchok had notified
property owners in the Valley of a Soil Conserva-
tion meeting to be held on August 18 at 7:30 p.m.
and it was suggested that the Council attend.
WATER Lester P. Scherich Request. The request of
Lester P. Scherich for a 350 foot water main
extension on S.E. 256th Street was discussed
by the Planning and Public Works Committee at
their last meeting. The extension would be
outside of the City from the east end of the
10" line servina the Kent School District
Administration Building. The recommendation
is to approve the extension at developer
expense Provided that 1 ) the line be 10"
diameter to conform to the Comprehensive
Water Plan; 2) approval is obtained from the
King County Boundary Review Board; and 3)
a written commitment to annex to Kent is
obtained from (a) the present property owner
and ( b) from each water customer served from
the extension. STORMENT MOVED that the exten-
sion be approved with the recommended provisions
and that a Notice of Intent be authorized to
be filed with the King County Boundary Review
Board, Carey seconded. Notion carried.
FLOOD Green/Duwamish Levee Project. It was noted
CONTROL that Mayor Hogan has received a letter from
John Spellman, King County Executive, in
which he stated that King County has recently
received a request from the Corps of Engineers
as to the County's willingness to sponsor the
Green/Duwamish levee project. Received also
were copies of two letters which Mr. Spellman
had sent to the Corps indicating the County's
intent to sponsor levee improvements on the
Green/Duwamish Rivers and pointing out steps
the County was taking in preparation for
further action with the affected cities and
the Corps as studies and plans proceed on
the levee project. McCAUGHAN MOVED that the
correspondence concerning Green/Duwamish
levee project be referred to the Public Works
Committee for study and reporr to the Council ,
Carey seconded. Motion carried.
METRO Park and Ride Contract. It was noted that
the present contract with Metro Park & Ride
expires in August. Metro has requested an
extension for two years or until the new park
and ride lot is completed, whichever is the
lesser time. It is recommended that the matter
be discussed with representatives of the com-
munity, probably through the Chamber of Com-
merce. Accordingly, STORMENT MOVED that the
contract be discussed at the work session of
August 9 and that the Chamber be so notified,
Masters seconded. Motion carried.
STREET A letter was read from Harold L. James, 21251 -
VACATION 94th Place South, requesting the City to acquire
vacation from King County of a portion of 92nd
Avenue So. , south of So. 212th. The letter
also indicated that Mr. James would expect
title to the 30' right of way to revert to
the adjacent property owners. MASTERS MOVED
that the letter be accepted and referred to
the Public Utilities Committee, Storment seconded.
Motion carried.
KENT Masters reported that a meeting of the Bond
COMMONS Committee would be held on Tuesday evening,
August 3.
CLAIMS Debbie Lee Pedersen. A claim has been received
from Debbie Lee Pedersen in the amount of $30.54
for a towing fee and storage of her car after
it was impounded on July 25. The City Attorney
has investigated the claim and believes that
Ms. Pedersen's statements are in error and he
has therefore recommended that the claim be
denied. STORMENT MOVED that the claim of Debbie
Lee Pedersen be denied, McCaughan seconded.
Upon McCaughan's question, Mirk stated that
Ms. Pedersen claimed that there were no "No
Parking" signs posted in the area where she
had parked when in fact the signs were there,
and had obviously been overlooked by Ms.
Pedersen. Motion carried.
POLICE & Communications. Representatives of the cities
FIRE of Auburn, Tukwila, ?enton and Kent have deve -
oped a working agreement to consolidate all
police and fire communications systems. It
is anticipated that the operation may be
started shortly after the first of the year.
In order to accomplish this, preparation
must begin immediately. STORMENT MOVED that
the Mayor be authorized to sign the inter local
agreement for combined communications, Masters
seconded. In response to Kiito's question, it
was determined that the number of years for the
agreement to run had as yet not been determined.
It was determined by Street that this agreement
is strictly for police and fire emergency com-
munications. McCaughan questioned how this
would affect Fire District 37 and Street noted
that the agreement was for the four cities men-
tioned and other agencies would be contracting
for service. He noted that Algona, Pacific,
Issaquah and also various Fire Districts had
expressed interest. Street stated that in
all probability a new contract would be drawn
up within three or four months to cover all
phases of the operation. Motion carried.
CABLE Seattle Proposal on C.A.T.V. At the last
TELEVISION work session a brief explanation was made
of the impending requirements of the Federal
Government concerning C.A.T.V. It was noted
that Mr. J. IN. Hurd, Acting Coordinator,
Seattle Office of Cable Communications, has
offered to explain the necessary chanaes in
franchise language and after the initial
assistance to continue an operation in the
future. It is recommended that Mr. Hurd
come to a work session and explain the proposal
as it affects Kent. MASTERS MOVED to invite
Mr. Hurd to attend the August 9 workshop meet-
ing. Storment seconded. Motion carried.
KENT ARTS The Mayor noted that a list of prospective
COMMISSION appointees to fill Three vacancies on the Kent
Arts Commission had been distributed to the
Council . The candidates for appointment are
as follows:
Mrs. Thomas (Nancy) Acheson
Mrs. James (Cheryl ) McBroom
Mrs. Fred (Gloria) Struthers
Mrs. Bob (Gloria) Brown
Mrs. Walter (Artelle) Sklorenko
Mr. Mike Dixon
She further noted that the proposed candidates
would be interviewed by the Commission and a
recommendation made to the Mayor. Additional
names should be submitted to the Mayor for con-
sideration by the Commission.
INVITATION White River Buddhist Church. A letter was
read from the White river Buddhist Church
inviting the Council to attend their annual
Bon Odori (Japanese Cultural Dance Festival )
to be held on Saturday, August 7, from 6:00 p.m.
MASTERS MOVED that the letter be made a part
of the record, Storment seconded. Motion
carried.
FINANCE In accordance with State law, it is advantageous
to the City to pass an ordinance on leasehold tax.
This does not increase the tax to the lessor but
would provide for a portion of the tax to come
to the City. The City Attorney introduced Ordinance
No. 1982 imposing a leasehold excise tax upon the
act or privelege of occupying or using publicly
owned real or personal property within the City
of Kent, and authorizing the Mayor to contract
with the State Department of Revenue to administer
and collect the said tax. McCAUGHAN MOVED that
Ordinance 1982 be adopted, Carey seconded.
Upon Masters' question, it was determined that
under State law a lessor pays a 12% tax and by
passage of the ordinance, the City would receive
4% of that amount. The tax to the lessor would
not increase; it would merely mean that the City
would get a portion of the tax. It was deter—
mined for Storment that the pea patch leases
would not be affected. Motion carried.
McCAUGHAN MOVED that the bills received on or
before August 5, 1976 and approved by the Finance
Committee at its meeting to be held at 8:00 a.m.
August 13, 1976 be paid, Carey seconded. Motion
carried.
The following claims were approved by the Finance
Committee at its meeting on July 30, 1976:
Current Expense $ 27,638.64
Parks & Recreation 13,052.39
Library 1 ,508.34
City Streets 10,552.92
Federal Shared Revenue 18,468.23
Kent Commons Construction 6,444. 11
Library Construction 226.39
Canyon Drive 3,701 .77
Reith load/Military 1 ,808. 10
East Hill Booster Pump 57,314.93
Equipment Rental 3,569.24
Arts Commission 173.76
Firemen's Relief & Pension 261 .21
LEOFF Disability 3,510.75
Sewer 43,293.72
Water 5,796.61
Garbage 474.02
$ 197,795. 15
MEEKER DAYS It was noted that reports concerning Meeker
Days have indicated that the celebration was
very successful . The damage to Meeker Street
was discussed at the last work session. The
Clerk read a letter received from Oris G.
Weaver, Prudential Mutual Savings Bank,
regarding the carnival show portion of the
Meeker Day celebration and the resulting
disruption not only to banking services and
facilities but also to Metro Park and Ride
patrons. Mr. Weaver noted that he would
never approve allowing the show to be located
anywhere within the City limits again. He
also noted that if the trash left behind as
a result of the carnival operation was not
cleaned up he intended to hire someone to do
it and bill the cost to the Meeker Days Com—
mittee. MASTERS MOVED that receipt of the
MEEKER DAYS letter from Oris Weaver be noted, Storment
seconded. It was determined that a copy of
the letter had been sent to the Chamber of
Commerce and McCaughan requested that a copy
be sent to the Meeker Days Committee Chairman.
Masters noted that the matter of providing
public restroom facilities in the core area
has come before the Council previously and
suggested that perhaps some sort of portable
facilities could be utilized temporarily
while the City worked toward providing some
type of permanent facility. Mayor Hogan
noted that the City has been trying to gain
use of the Burlington—Northern facilities
for some time but that the Railroad would
have to pay maintenance crews overtime to
clean the facilities. Masters stated that
she felt some action should be taken, especially
for special occasions like Meeker Days. Mayor
Hogan noted that it was hoped that the old
City Hall site could be used for this type
of facility but that such a proposal was for
an undetermined future date. McCaughan noted
that the Saturday Market operation has the
same problem. He also noted that the Parks
Department had been authorized to purchase
some Sanikans with Revenue Sharing Funds and
suggested that this would be at least a
temporary solution to the problem. Street
determined that the money was available to pay
for such Sanikans from Revenue Sharing monies.
Motion carried.
MEETING ADJOURNED: 9:00 o'clock p.m.
Respectfully submitted,
Marie Jensen, CMC
City Clerk