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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/20/1976 Kent , Washington December 20 , 1976 Regular meeting of the Kent City Council was called to order at 8 : 00 o ' clock p .m. Present : Mayor Hogan, Councilpersons Carey , Johnson, Just , Kitto , Masters , McCaughan and Storment . City Administrator Street, City Attorney Mirk, Planning Director Harris , Public Works Director Ulett and Finance Director Winkle. Also present: Parks Director Wilson, Planning Commissioners Johnson, Holmer and Williams , and URS representative Ramsey. Approximately 15 people were in attendance at the meeting. MINUTES KITTO MOVED that the minutes of the meeting held December 6 , 1976 be approved as printed, Storment seconded. Motion carried. PRELIMINARY Britt Smith Replat Preliminary Plat . At the PLAT last Council meeting Britt Smith appealed the decision of the Planning Commission which, in accordance with the Subdivision Code, required that each lot front upon a public street . Mr . Smith was agreeable to accepting Conditions 1 , 2 and 4 as set forth by the Public Works Department , but appealed the provisions of Condition 3 which stated as follows : "3) Review access to Lots 2 and 3 . If Section 3 . 1 . 8 of the Subdivision Code applies and 'Each lot must front upon a public street or road, ' pro- vide a method of meeting that require- ment , with the location, width and configuration of the access street to be approved by the Traffic Engineer . " The Council at its December 6 meeting set this date for the public hearing on the appeal on the Britt Smith Replat Preliminary Plat . The Mayor opened the public hearing. There were no comments from the audience and no correspondence . KITTO MOVED that the hearing on the appeal of the requirements of Condition #3 be closed, Carey seconded. Motion carried . KITTO MOVED that the Britt Smith Replat Preliminary Plat be approved, including Condi- tions 1 , 2 and 4 as follows : 1) Provide utility easement across Lot 3 for the sanitary sewer and for the water line and storm sewer if they cross the lot . 2) Furnish preliminary plans showing water and sewer routing for Lots 2 and 3 , obtain Engineering Department approval of them, and provide private or public easements as necessary for that service . 4) If Section 3 . 1 . 8 does not apply, rework the private access easement to provide adequate access to Lot 3 (the proposal does not provide sufficient turning space) and prohibit parking in the easterly twenty feet of Lot 1 . The latter subject was discussed with Mr. Bob Kaczor at the time of the Sambo ' s development on Lot 1 . Traffic Engineer- ing urges that the access be moved twenty feet easterly from the location shown. PRELIMINARY and the action approving the appeal of Britt PLAT Smith as regards Condition 3 , Storment seconded. Motion carried. In accordance with the recommendations of the Administrator, KITTO MOVED that the public hearing on the Britt Smith Final Plat be held on January 3 , 1977 , Carey seconded. Motion carried . PLAT Kentrid e Estates Division #3 . A letter was read rom the King County Boundary Review Board noting that the City' s request for extension of Kentridge Estates Division #3 was deemed approved as of December 5 , 1976 . MASTERS MOVED that the letter be made a part of the record, Johnson seconded. Motion carried. ANNEXATIONS Coppo. The Council acting as a committee of the whole reviewed the 10% petition of Mr. Coppo for annexation of certain property adjac- ent to the northeast City limits . The Public Works Director noted that the petition included approximately 82 acres . Those Council members present indicated a willingness to accept the proposed annexation in either of the two sizes presented. KITTO MOVED that the proposed Coppo annexation is acceptable and that a lesser area excluding the Stockton Addition and property north of the Stockton Addition is also acceptable and that either area will be required to assume the existing City indebtedness , Masters seconded. Motion carried . Island Annexation. It was noted that the City has been served with a lawsuit to stop the proposed annexation of portions of the "Island" by Robert C. Van Siclen, Attorney representing some of the area property owners . STORMENT MOVED that the matter be referred to the City Attorney, Johnson seconded. Motion carried. REZONE David Skidmore . A public hearing is scheduled or this meeting on an application filed by David Skidmore for a rezone from MR-M, Medium Density Multi-Family Residential , to NCC, Neighborhood Convenience Commercial , Zoning, on property located at the northeast corner of North Alvord Avenue and Canyon Drive . Planning Director Harris pointed out the location of the subject property, noting that it contained approximately 38 ,000 square feet . It was determined that all properties along the north side of Canyon Drive in this area are residentially developed and the subject property itself is occupied by three single-family dwellings and a doc- tor' s office . The Planning Department recom- mended denial of the application based on the following findings : 1) The proposed commercial zoning is inconsistent with both the Comprehen- sive Plan and the established pattern of land use in this area and would constitute a spot zoning. 2) Commercial activities would be encroaching into an established residential neighborhood. 3) The additional turning movements which would occur on Canyon Drive may be hazardous . 6f REZONE 4) The lower East Hill neighborhood already has good access to commercial goods and services . 5) Approval of this request would set a strong precedent for allowing commercial uses all along this section of Canyon Drive . The Planning Commission concurred with the Planning Department that the rezone applica- tion should be denied. Mayor Hogan opened the public hearing. In response to Kitto ' s question, it was deter- mined that the Skidmore property is in the vicinity of the property for which a rezone request was recently denied by the Council . Street added that this request falls into the same category as the other request re- cently considered which was denied basically to prevent strip zoning along the highway which could be disruptive to traffic. He stated that he concurred with the Planning Commission recommendation. There were no further comments and no correspondence . McCAUGHAN MOVED that the hearing be closed. Kitto seconded. Motion carried. McCAUGHAN MOVED that the recommendation of the Planning Commission be approved, Masters seconded. Motion carried. Floyd Johnson. A public hearing was held on November 23 , 1976 by the Planning Commission on an application filed by Floyd Johnson for a rezone from R-1 , Single-Family Residential , to MR-M, Medium Density Multi-Family Residen- tial . Planning Director Harris described the area, noting that it contained approximately 9 acres located on the southwest corner of S .E . 256th and 116th S .E . He noted further that the property lies within a large resi- dential area. The Planning Commission recom- mended that the application be denied, and the Planning Department also recommended denial , based on the following findings : 1) The sewer line serving this property may not be adequate to handle 23 units per acre . 2) A determination regarding the adequacy of the sewer cannot be made until the "Sewer Facilities Plan" has been com- pleted. (March, 1977) . There were no comments from the audience and no correspondence. JOHNSON MOVED that the hearing be closed, Masters seconded. Motion carried. JOHNSON MOVED that the recommendation of the Planning Commission be approved, Masters seconded. Motion carried. COMPREHENSIVE The continued public hearing on the Compre- PLAN hensive Plan scheduled for this meeting was opened by the Mayor . At the first hear- ing, Planning Director Harris noted that it would be appropriate to comment on the Final Environmental Impact Statement at this hearing. He stated that letters had been received from different agencies , COMPREHENSIVE although it was pointed out that it is difficult PLAN to comment on this sort of Plan since most cities have not undertaken a Comprehensive Plan of this magnitude . There were no comments from the audi- ence and no correspondence . McCAUGHAN MOVED that the hearing be closed, Masters seconded. Motion carried. KITTO MOVED that the City Attorney be directed to prepare a resolution adopting the new Kent Comprehensive Plan as recommended by the Planning Commission, and that the Comprehensive Plan Map from the 1969 Plan (as amended) be adopted as part of the new Kent Comprehensive Plan, Carey seconded . Motion carried . SIDEWALKS At the last work session the present Kent ordinance and the three State laws controlling the installa- tion, maintenance and repair of sidewalks was dis- cussed. Mayor Hogan urged the Council to take a positive position on this matter . She pointed out the poor condition of many walks , both in the Central Business District and leading to the District . Mayor Hogan suggested that either the Council should dedi- cate City funds toward this endeavor or finance the improvements by assessment to the adjacent property owners . Councilperson Johnson stated that if City money is to be used, it should be used just as much in the residential districts and just as soon. The question arose as to the liability of the City and the adjacent property owners . After considerable discussion, the administration was directed to pre- pare a project to repair the sidewalks along Meeker Street from Fourth to Central , with the cost being borne by the adjacent property owners . The Director or Public Works will give this project a high priority. An administrative report on progress will be given at the first meeting in February, 1977 . SURPLUS Nike Ajax Site 32-33 . A letter was read from the PROPERTY Regional Administrator of the General Services Administration noting that the above referenced property located about 8 miles northeast of Kent has been determined to be Surplus Government Pro- perty and available for disposal . JUST MOVED that the letter be accepted and a copy sent to all Department heads , Storment seconded. Motion carried. HEALTH & Metro Changes . The City Attorney introduced Ordi- SANITATION nance No . 9 covering the Metro change to certain industrial customers for Industrial Cost Recovery/ High Strength Surcharge for sewer service and amending Section 28 of Ordinance 1777 . MASTERS MOVED for the adoption of Ordinance 2009 , Johnson seconded. Motion carried. Bill of Sale . Mr. William Baden has constructed 298 feet of 6" water line and 409 feet of 8" sewer line at South 262nd Street and 85th Avenue South. In accordance with the recom- mendations of the Public Works Department , STORMENT MOVED that the Bill of Sale for the water and sewer lines from Mr. Baden be accepted and the $500 cash bond and the $4, 000 certified check given in lieu of a performance bond be released upon the payment of any outstanding bills , Just seconded. Motion carried. t STREETS LID 281 . Resolution No. 816 creating a Local Improvement District or t e construction and installation of asphaltic concrete throughsurface traffic 104th Avenue S .E . to provide lanes with a fifth lane to provide a two-way left-turn lane and channelization, together with the construction and installation of curbs and gutters , sidewalks , storm drains , illumination and underground power , was introduced by the City Attorney. The resolution further set the public meeting of the City Council to consider the matter on January 17 , 1977 . KITTO MOVED that Resolution No . 816 be adopted, Carey seconded. In response to Storment ' s question, Ulett clarified that the construction provides for left turns from east bound traffic on Canyon Drive to go north on 104th S .E . Responding to McCaughan' s question, Street noted that side- walk construction was provided for but it was not possible to construct bicycle paths in a commercial , heavily trafficked areas . He noted that several bicycle paths are proposed for the City but not in this particular area. Motion carried. Traffic Signal Rebuild. The Washington Depart- ment of Highways will provide an emergency pre- empt system (OPTICOM) as a part of their signal rebuild at Pacific Highway and Kent-Des Moines Road, using 80% Federal funding if Kent will provide the 20% matching funds for the pre-empt system. The cost to Kent is estimated to be $760 , which cost can come from an excess unex- pended balance in the Engineer' s Department . McCAUGHAN MOVED that the Mayor be authorized to execute the agreement , Johnson seconded. Motion carried. Traffic Lights . The State Highway Department opened bids for the proposed improved traffic lights to be installed at S . 212th and West Valley Highway , as follows : Bidder Amount Knoble Electric $92 , 794 Olson Electric 81 , 698 Service Electric 73 , 500 Signal Electric 70 , 998 Totem Electric 71 , 000 West Coast Electric 85 ,430 It was noted that the Kent Engineer' s estimate, which had been reviewed by the State Traffic Engineer , was $56 , 300 . Traffic Engineer Olson is reviewing the specifications again, although this had previously been done with the State Highway Department before they were issued. The Engineering Department is recommending that the Council recommend to the State High- way Department that they reject the bids and readvertise . In response to Masters ' question as to the considerable difference between the estimate and the lowest bid, it was determined that a contractor in Kent who has been receiving most of the bids in Kent recently did not bid on this particular item STREETS because of the time requirement, but will submit a bid the next time . It was pointed out that the opinion is that the estimate is still a valid one . It was noted that the contract wording might have to be changed somewhat if a new call for bids is issued because some concern was expressed over problems involved in keeping the present signal operational . In response to Storment ' s question, it was deter- mined that even though the signal at West Valley Highway and S . 212th was going to be used at the intersection of S .E . 256th and 104th S .E . issuance of a new call for bids should cause no delay in that project . KITTO MOVED that the Kent City Council recommend to the State Highway Department that they reject all bids and after specification review, readvertise for this installation, Storment seconded. Motion carried. STREET Schwarzenberger Request . A request for the VACATION vacation of South Central Place North of Rexford Avenue (So. 266th Street) , except the south 31 . 13 feet as measured on South Central Avenue has been received, together with the re- quired fee of $150 . KITTO MOVED that the City Attorney be directed to prepare a resolution setting a date of hearing to consider the vacation petition, Storment seconded. Motion carried. CIVIL SERVICE Appointment . R.C .W. 41 . 12 . 030 designates the COMMISSION Mayor as the appointing officer and does not re- quire confirmation by the Council . Accordingly, Mayor Hogan announced that John Selig is her appointment to the Kent Civil Service Commission, to complete the term of Hal Cline , who resigned as of December 1 , 1976 . DISCHARGE Mr. O' Connell has requested that consideration OF FIREARMS of his request to hunt ducks on his property inside the City limits be delayed . BUSINESS Taxicabs . At the last work session it was reported LICENSES that the drivers of the Kent , now Far West Taxi , are filling one of the paper receptacles attached to a light pole with empty quart oil cans and when the receptacle was full leaving them on the curb . When the owner of the building where the taxi com- pany has had its offices for years was contacted, it was discovered that the company no longer rents office space . All of the operation is now carried on by radio . Years ago the taxi company paid $150 per year for reserved space for two cabs in front of 209 Meeker Street . The signs reserving the space are still there but no fee is being paid. The present tenants of the building would prefer to have these spaces available for customer parking. It was noted that one advantage of having a space where people can reasonably expect to get a taxi is the convenience, particularly to senior citizens . The action on the matter to date is as follows : 1) The owners of the taxi have promised to stop using the paper receptacle and leaving oil cans on the curb . 2) It was suggested to the taxi company that they contact the Burlington Northern Railroad and rent space from them in the depot parking lot . This would leave the taxis within 200 feet of their present location, which is handy to the Senior Center, but opens up the parking for customers of the building which extends from 201 to 215 Meeker. BUSINESS 3) The determination of whether on-street parking LICENSES should continue is a policy decision. JUST MOVED that the matter be referred to the Public Works Committee, Masters seconded. Upon a roll call vote , the motion failed, with only Just and Masters voting aye. JOHNSON MOVED that the Taxi Company be notified to acquire off-street parking within sixty (60) days , Carey seconded. Motion carried. POLICE National Crime Prevention Institute . The Chief of Police has requested permission to send Officer McCurdy, Kent ' s Crime Prevention Officer, to the National Crime Prevention Institute at Louisville , Kentucky, to study Crime Prevention Theory and Practice , for four weeks . The cost to the City would be his salary and cash expenditures , as listed below: Travel $282 . 00 Housing - 27 days at $9/day 243 . 00 Food - 27 days at $10/day 270 . 00 Special Fee 50 . 00 Other Expenses , Books 40 . 00 885 . 00 Less LEAA Travel Reimbursement 217 . 00 The payment of this amount can come from the 1976 unexpended balance in excess of that anticipated for the 1977 budget . It is recommended that the request be approved. JOHNSON MOVED that the request to send Officer McCurdy to the National Crime Pre- vention Institute , with the costs being paid from the excess unexpended 1976 balance be approved, Carey seconded. Officer McCurdy, who was in attend- ance , was introduced to the audience . Motion carried. Alcoholism Contract . A contract has been received from the Division of Alcoholism Services to cover the first six months of State funds and nine months of National Institute of Alcoholism funds . These funds pay for the jailers used in the Alcoholism project , and are the same as this year' s contract . The letter from Mr. Kester states that "At appropri- ate times during the year , amendments will be made. " JUST MOVED that the Mayor be authorized to sign this contract , Johnson secoded . In response to Masters ' question regarding Mr . Kester' s letter, Street noted that the program is being funded by two different funds in King County, with different expiration dates . Motion carried. CLAIMS Glenn R. Crawford. A claim in the amount of $150 has been ile by Glenn R. Crawford, 22625 - 105th Avenue S .E . , Kent , for alleged damage to his property resulting from sewer overflow into the basement of his home . Upon the recommendation of the City Administrator, STORMENT MOVED that the claim be referred to the City Attorney, Kitto seconded. Motion carried. DeVille Homes . The City Attorney and Public Works Director reported on the claim of DeVille Homes . Mirk noted that this was a claim filed by a contrac- tor who builds several homes in Kent . The basis for his claim was because when several of the homes were built by him the side sewers were not located where the City sewer plan showed they should be . Each particular case was reviewed and it was determined that the City had done all the inspections on the projects and there was no question that the side sewers were not located where CLAIMS the plans said they were supposed to be . Obviously, this was the fault of the inspector, and it is the conclusion of the City Attorney and Public Works Director that the City is liable and should reim- burse DeVille Homes for the damages claimed, but only for those which he can show occurred within the last three years . It was pointed out that the statute of limitations has run on those cases prior to that time . Mirk further stated that the amounts claimed were not unreasonable and primarily consist of additional expense incurred by the contractor in locating the actual side sewers when he was build- ing the homes . Ulett re orted that the claim would amount to about $700 to U00 . Just questioned whether paying the claims would result in like claims being filed and also questioned what steps were being taken to rectify the situation. Mirk pointed out that at the time these particular errors in location of side sewers occurred, a large amount of building was taking place and the inspectors were forced to cover a much larger territory. He noted that every effort was being made to correct the situation when an error was discovered. In answer to McCaughan' s question, Mirk determined that the claims would probably be paid by the Sewer Department . In accordance with the recommendations of the admin- istration , McCAUGHAN MOVED that the claims of DeVille Homes which were less than three years old in the amount of $700-$800 be paid, Storment seconded. Ulett determined for Storment that the work in question, or a portion of it , was done in 1968 or 1969 and the inspector who may have done the inspec- tion work was no longer with the City. Motion carried. METRO Mayor Hogan reported that the Metro Transit people had sent a representative to Kent on October 11 to discuss the proposed bus schedule changes in January. She noted that a demonstration project has been set up to run from January 22 through May which would create a Kent Shoppers Special Bus to serve the down- town area and South Center on Monday, Wednesday and Friday. She noted that she had discussed scheduling of some activities by the Senior Center during the middle of the day on Mondays , Wednesdays and Fridays and perhaps the Arts Commission could plan something for the Library for people who will be utilizing the service . BIDS Janitorial Services . Bids to provide janitorial services for the City Hall , Library and City Shops were received on December 17 , 1976 , as follows : _City Hall Amount Bidder Per Month Isakson' s Maintenance Service $1 , 348AU Bill Pittmon Janitorial Service, Inc . 1 , 900 . 00 Environmental Control 1 ,985 . 00 Quality Maintenance 3 , 109 . 30 Library Amount Bidder Per Month George Pringle 60 . 00 Isakson' s Maintenance Service 567 . 75 Quality Maintenance 632 . 40 Valley Maintenance 750 . 00 Environmental Control 735 . 00 Cory' s Janitorial Service 1 , 820 . 00 Bill Pittmon Janitorial Service, Inc. 678 . 43 BIDS City Shops Amount Bidder Per Month Environmental Control 550 . 00 Isakson' s Maintenance 567 . 75 Service Bill Pittmon Janitorial 615 . 80 Service, Inc . 664. 02 Quality Maintenance Cory' s Janitorial Service 866 . 67 In accordance with the recommendations of Administration, STORMENT MOVED that the best bid of George Pringle for Library Maintenance , the best bid of Isakson' s Maintenance Service for the City Hall Main- tanance , and the best bid of Environmental Control for the City Shops Maintenance be accepted, Carey seconded. Motion carried. Horseshoe Acres Storm Water Pumping Station Equipment . The tabulation of all bids re- ceived on December 10 , 1976 for the Horseshoe Acres Storm Water Pumping Station Equipment installation was distributed at the last work session. The bids were as follows : Amount Including Bidder Tax E .N . Cascade Constructors 61 , 132 . 00 Sheldrup Construction, Inc . 68 , 193 . 80 Webber Electric , Inc. 79 ,05 _ 0 000 Ralph Co . , Inc. Schneider Equipment , Inc . 98 , 097 .89 In accordance with the recommendations of the Engineering Department , JUST MOVED to accept the best bid of E . N. Cascade Constructors in the amount of $61 , 132 . 00 , including tax, Storment seconded. It was noted that the adjoining property owner has requested that the area around the site be landscaped and it was pointed out that this was provided for in completion of the project and funds were avail- able . Motion carried. PUBLIC WORKS Storment reported that the Committee meeting & PLANNING which was scheduled to discuss the proposed COMMITTEE Gai annexation had been postponed until Janu- ary 5 , 1977 . He asked that Johnson serve as Chairman of the meeting, with Just as alternate, since he will be on jury duty during the month of January. Storment also noted that he, Masters and Carey had attended the Metro Water Quality workshop meeting held on December 15 at the Doubletree Inn in Southcenter. BOARD OF PARK McCaughan reported that the Parks & Recreation COMMISSIONERS Committee would meet on December 29 with the two remaining members of the Park Board. He noted that the recommendation of the Parks & Recreation Committee of the Council is that the Board of Park Commissioners should be continued, with guidelines developed which would include meetings at least twice a month, and that Council members be encouraged to attend. As soon as this is accomplished, the Board will become active and at that time the Council Com- mittee will disband. PARKS & Russell Road Park. Parks Director Wilson has RECREATION presente a proposal to improve Russell Road Park with the following financing : PARKS & King County $100 , 000 HUD funds RECREATION Local Funds 150 ,000 IAC-BOR Funds 750 , 000 McCaughan noted that a meeting had been held last week regarding the $100 ,000 allocation from King County of Forward Thrust monies and the setting aside of $150 , 000 of local funds , to be used in seeking the grant matching funds of $750 , 000 for the project . He noted that while these figures showed a reduction in the proposed Russell Road Park com- pletion amount from two million dollars he felt that an adequate facility could still be accomplished. He recommended that the City set aside $150 ,000 , identifying the money to be put in a fund with King County funds for the Russell Road Park pro- ject , to enable application for the grant matching funds of $750 , 000 to be submitted by September. McCAUGHAN SO MOVED, Just seconded. Masters noted that while the Parks & Recreation Committee viewed the project proposal favorably, they were seeking Council advice as to the source of local funding. She further noted that consideration should be given to the possibility of jeopardizing some other project which might have a higher priority. Just suggested that the Finance Committee should consider the request , as well as other requests for funding. McCAUGHAN MOVED to amend the motion to refer the matter to the Finance Committee for approval of the Committee recommendation to transfer the funds for the Park project , Just agreed to the second. Street determined that there was approximately $174,000 available which is not allocated for any particular project at this time so the $150 ,000 was available should the Council decide to set the money aside for the Russell Road Park project . Motion carried. BUDGET The City Attorney introduced Ordinance No . 2008 adopting the 1977 Budget for the City of Kent . STORMENT MOVED that Ordinance No . 2008 be adopted, Just seconded. Motion carried. SPECIAL USE Paul Stephanus Request. On November 23 , 1976 , COMBINING the Planning Commission held a public hearing to DISTRICT consider the request of Paul Stephanus for a Special Use Combining District to allow the mining of 40 , 000 cubic yards of material on a two-acre site in an MR-M, Medium Density Multi-Family Zone, in order to provide additional off-street parking facilities for the Swiss Gable Apartments . The property in question is located on the east side of Lake Fenwick Road, just south of the inter- section of Lake Fenwick Road and S . 254th Street . The Planning Commission recommended that the appli- cation be approved subject to seven conditions , which are as follows : 1) Lake Fenwick Road from the site to S . 272nd Street if used as a haul route shall be asphalted to a depth necessary to sustain the truck loadings , as determined by an Engineering Study - Investigation & Analysis . Said study shall be the responsibility of the applicant and shall be carried out under the direction of and certified by a Licensed Engineer (licensed in this field) . Said study shall be submitted to the Engineering Depart- ment for review and approval . SPECIAL USE 2) To utilize Lake Fenwick Road from the COMBINING site to Reith Road as a haul route , DISTRICT the applicant shall be responsible for street maintenance during the life of the permit . Prior to said utilization, the applicant shall furnish to the City a performance bond for street main- tenance (repairs and/or reconstruction) . The amount of said bond shall be deter- mined by the City Engineer or his representative . 3) Also prior to said utilization, the applicant shall furnish to the City a $500 cash bond. The City would use said cash bond to make immediate re- pairs should the applicant choose to ignore them. Release of said cash bond, or remainder thereof, and street maintenance bond shall be ninety days after completion of the mining opera- tion and shall be contingent upon com- pletion of any restoration deemed necessary by the City Engineer or his representative . 4) The applicant shall provide to the Engineering Department for review and approval a soils report prepared by a licensed soils engineer . Said report shall indicate the slide probability resulting from this opera- tion and recommendations on how to reduce said probability. 5) Since downstream drainage facilities consist of an open ditch system which deteriorates into overland flow, the applicant shall submit to the Engineer- ing Department for review and approval provisions for silt control , and among other things incorporate the concept of holding storm water run-off to its present level . Prior to any excava- tion, the construction of the approved drainage and erosion control facilities must be completed. Said facilities shall be maintained throughout the duration of this project and continued thereafter until full reestablishment of the natural ground cover has occurred. Upon submission to the City of said drainage and erosion control plans , the applicant shall also submit a $1 , 000 cash bond. Said cash bond shall be used by the City to make immediate repairs and/or maintenance to said drainage and erosion control facilities should the applicant choose to ignore any re- quest by the City to do so . 6) Term of this request shall be for a period of not more than one (1) year . 7) A reclamation landscape plan be submitted to the Planning Department for approval and that the adequacy of the hydroseeding be certified by "experts" in that field. A reclamation bond in the amount of $10 ,000 be submitted to the Planning Department . SPECIAL USE Harris pointed out the location of the site in COMBINING question, using contour maps to show what Mr. DISTRICT Stephanus is proposing to do . He noted that Mr. Stephanus had challenged the figure of 40 ,000 cubic yards of material to be removed and that he had also challenged the contour maps which were used to clarify the proposal of Mr . Stephanus . He further noted that the Planning Department had recommended that the scope of the project be re- duced and that not more than 10 , 000 cubic yards of material be allowed to be removed, for the following reasons : 1) The nature of the hillside and potential slide and storm drainage problems down slope from the project . 2) It is doubtful if the applicant can meet the stringent control systems necessary to mitigate possible adverse consequences from the larger mining operation (storm drainage, slide, silt control) . 3) It is possible the applicant could redesign the proposed off-street parking layout to preclude the necessity of mining 40 , 000 cubic yards of earth material . The public hearing was declared open by the Mayor. Kitto questioned what would result if the Council approved the application and later soils reports show that the operation will cause great instability. Ulett noted that in addition to approval by the Planning Commission and the Council , the applicant would have to obtain an excavation fill permit which is controlled under the Uniform Building. If the soil was found to be unstable, a permit would not be issued. In response to McCaughan' s question, Ulett noted this is a matter covered under the Building Code rather than the hillside provisions of the Sub- division Code . Masters questioned whether the City was prepared to monitor the operation on a daily basis if needed when the excavating activity is occurring, if it should be approved, because of the instability of the area . Ulett commented that it would be difficult to make on-site in- spections on a regular basis . Storment referred to the performance bond for street maintenance and questioned whether any provision was included for cleaning the street on a daily basis to catch the spillage . Ulett noted that this item was covered by City ordinance and State law and the bond referred to structural fail- ure of the street which might occur . Ulett also noted that the haul route has as yet not been determined and the amount of the performance bond would be set when such facts are known. In response to Just , Ulett noted that the $500 cash bond was for minor repairs for immediate use, with such bond being replenished as the need arose. In response to McCaughan' s question, Harris noted that the apartment units in existence do not have two spaces per apartment unit but if more apart- ments were added, two spaces would be required for parking. It was determined that the request is not for additional parking spaces for the apartment units in existence . Off-street parking is available under the units in existence and the proposal is to fill in this area and build addi- tional units , in which case more off-street park- ing facilities will be required. SPECIAL USE Storment suggested that the problem of COMBINING cleaning up spillage should be added to DISTRICT item #3 to be covered under the $500 cash bond provision. Ulett concurred and noted that even though the law pro- vides for controlling spillage on public streets it is not easy to enforce it . In response to McCaughan' s question, Harris stated that it was his opinion that Mr. Stephanus could present a better plan for the proposed off-street parking if a qual- ified engineer had prepared the plans . He questioned the need for the amount of space which Mr . Stephanus claims is needed. In response to Johnson' s question, Harris noted that before Mr . Stephanus could build more apartment units , he would have to make a new application to the City. He also determined that the State requires a mining permit for anything over 10 , 000 cubic yards of earth removal and such permit would not be issued without City approval . Harris determined for Masters that Mr . Stephanus proposes to begin the project sometime in the Spring, weather permitting. Harris further determined for McCaughan that Mr. Stephanus has not presented a plan showing where the earth to be removed will be put but noted that County has required that an environmental impact statement be furnished. Mirk noted for McCaughan that the only City ordinance Stephanus must follow is contained in the Zoning Code and he has followed all the necessary procedures thus far. Mayor Hogan noted that there seemed to be a great deal of hesitancy on the part of the Council to accept the plan without its being based on a professional engineering design. Masters opined that while Mr. Stephanus may be complying with the provisions of the Zoning Code, perhaps more stringent regulations should be imposed on the operation because of the nature of the soil and the fragility of the area. She expressed concern over the City' s inability to monitor the operation as closely as it should be . Kitto referred to Condition #4 of the Planning Commission and questioned whether the hearing could be continued until the soil reports were completed. Mirk noted that one of the condi- tions of obtaining the permit was to satisfy the engineering. Mayor Hogan suggested that perhaps this condition should be made #1 on the list . Masters stated that the City should still be prepared to monitor the operation on a daily basis . Carey stated that until the City was shown a parking plan drawn up by an expert in that field, it was his opinion that the permit should not be granted. JUST MOVED that the hearing be closed, Johnson seconded. Motion carried. SPECIAL USE CAREY MOVED that the recommendation of the Planning COMBINING Commission to approve the application be denied, DISTRICT Just seconded. In response to Kitto ' s question, Mirk noted that if the reason for denying the application was merely to obtain more information, then the hearing should be continued. Carey Just WITHDREW the motion to deny the application, the second. MASTERS MOVED that the hearing be continued, John- son seconded. In response to Mayor Hogan' s sugges- tion for a definite date to hold the continued public hearing, Kitto and Masters opined that it would take some for Stephanus to co pile mile the necessary information. Street suggested in view of the material that would have to be furnished the hearing could be continued indefinitely and Mr. Stephanus provide the Council with a date in which he could furnish the necessary engineering information about soil removal , together with his proposed parking plan. MASTERS WITHDREW THE MOTION TO CONTINUE THE HEARING, Johnson the second. MASTERS MOVED that the hearing be continued indefinitely until such time as Mr. Stephanus can respond to the questions raised by the Council , Johnson seconded. In response to McCaughan' s question, Mirk noted that a hearing could not be continued indefinitely; that it should either be tabled or continued to a definite date. Masters agreed and AMENDED the motion to table the hearing until the specific information required from the engineers was received, Johnson agreed to the second. Storment suggested that the Planning Commission requirements be reprioritized and item #4 given #1 priority in order to satisfy the Council requirements . Masters opined that Stephanus would still be looking at the conditions imposed by the Planning Commission . Mirk deter- mined that the motion to table the matter was merely to request more information from Mr . Stephanus before it was brought back to the Council again. Motion carried. FEDERAL The public hearing on Federal Revenue Sharing funds REVENUE is scheduled for this meeting. The Finance Depart- SHARING ment has compiled a list of requests from various Departments , several of which were submitted upon the director of the appropriate Council committees . The requests submitted are as follows : A. Overruns on Previously Budgeted Expenditures 1 . Police Polaroid Film Pack $ 72 . 00 Attachment 2 . Two Portable Police Radios 413 . 00 $ 485 . 00 B. Additions to PreviouslyA roved Ex en itures 1 . Kent -Au urn Community Care Center $3 , 000 . 00 2 . King Co . Rape Relief 1 , 100 . 00 3 . Auditing & Examination 350 . 00 4. Meeker St . Bike Underpass 2 ,500 . 00 5 . 7 Gang Tractor Type Mower 1 , 541 . 00 $ 6 ,491 . 00 f FEDERAL C . New Requests REVENUE 1 . Council $ 3 , 750 . 00 SHARING a. Training Seminar 2 . Non-Departmental 3 , 500 . 00 a. Weather-proofing City Hall 3 . Attorney 175 . 00 a. Small Calculator 4. Planning a. Desk top printing 127 . 00 calculator $ b . Portable calculator 37 . 00 a/case , batteries Pages 214. 00 d. Draftingp machine new/sccales 181. 00 $ 559 . 00 5 . Police a. Field Dictation 2 ,000 . 00 Reporting System $ b . Multiple-use Camera 2 , 000 . 00 System 975 . 00 C . Photo enlarger 0 . 00 d. 4 Instamatic Cameras 24 240 . 00 e. Fingerprint Camera f . Polaroid SX-70 Camera 95 . 00 g. Varda Silent Radio Alarm 1 ,000 . 00 $ 6 , 710 . 00 6 . Fire 3 ,000 . 00 a. Life Pack V $ b . Chemical Consultant 5 , 000 . 00 C . 10 Ton Wheeled Floor 850 . 00 Jack 450 . 00 d. Microfilm Reader e. Cab & Chassis for New Aid Car 15 , 000 . 00 f. Automatic Controls for Six Overhead Doors 4,000 . 00 g. Ten Plectron Home 1 , 500 . 00 Receivers $ 29 , 800 . 00 7 . Engineering a. Opticom Fire Pre-emption10 , 560 . 00 Equipment b . Section corner control survey (11 sections) 76 , 700 . 00 C . Section corner control survey (all 29 secs . )222 ,000 . 00 d. City street monumenta- 112 , 000 . 00 tion $421 , 260 . 00 8 . Finance a. Univac 90/30 Computing 175 ,000 . 00 System b . IBM Correcting Selec- tric II Typewriter 750 . 00 C. Disc Packs & Storage 700 . 00 cabinet d. Freight & installation costs for new computer 3 , 000 . 00 e. Small table (Clerk) 100 . 00 f. Two Kardex files (Clerk) 2 ,000 . 00 g. Logos 75B Calculator 412 .00 (Accounting) h. Two Filing Cabinets 200 . 00 (Treasurer) i . Multi-Media Library 165 .00 Unit (Treasurer) $182 , 327 .00 FEDERAL 9 . Parks & Recreation REVENUE a. 3 Stainless Steel SHARING toilet units 980 . 00 b . Water lines at three locations 1 , 600. 00 C. 2 gasoline powered weed-eaters 550. 00 d. 21" trim mower 370 . 00 e. IBM Selectric Type- writer 800 . 00 $ 4, 300 . 00 10 . Street a. Wheel Mounted Chemical Sprayer 1, 800 . 00 b . Polaroid Camera 150 . 00 C . Metal Detector 200 . 00 $ 2 , 150 . 00 11 . Equipment Rental a. Jib Crane Overhead Hoist 10 ,000 . 00 b . Electronic Calculator 200 . 00 $ 10 ,200 . 00 12 . Construction Projects a. James St/Burlington No . RR Signal 8 , 100 . 00 b . Engineering for EVH Street Improvement 30 , 000 . 00 C. Engineering for 104th Ave. SE 25 ,000 . 00 d. 4th Ave. Signals (Matching FAM funds)22 ,000. 00 e. Kent-Kangley Road/ 114th Ave . Fire Signal 4, 000 . 00 f. Gowe St . Conversion to 2 way traffic 7 ,500 . 00 g. Widening south leg of Military Rd/Kent Des Moines Rd. Intersec- tion (Matching FAM funds) 11 , 000 . 00 h. Lower Mill Creek Re- tention Basin and Park Imp . 316 , 000 . 00 423 , 600. 00 13 . City Hall Improvement Furniture & Equipment $ 14,053 . 00 TOTAL 1977 ITEMS PROPOSED $1 , 111 , 360 . 00 Because of the uncertainty concerning the utilization of Federal Revenue Sharing funds for matching other Federal funds , Winkle reported on the latest information on the subject . He noted that the total cash on hand in Federal Revenue Sharing funds as of November 30 , 1976 was $1 , 078 , 589 . 38 and the total amount available for appropriation for 1977 was $524, 524. 07 . It was noted that the requests listed above totalled $1 , 111 , 360 . 00 . The public hearing was opened by the Mayor. FEDERAL Barbara Pistoresi spoke from the audience on behalf REVENUE of the King County Rape Relief Center and noted SHARING that in order to get an appropriation from the City of Kent for this activity, the funds must come from Federal Revenue Sharing, aiahidera- made a request that this matter be given cons tion. It was determined that the amount requested was $1100 , which is the same amount as that sought last year. In response to Just ' s question, Street determined that the City did fund that item last year. Just noted there was some discussion about whether King County would be funding the program. Ms . Pistoresi noted that King County did provide funding last year and will do so this year . She noted amounts being funded by other cities in the area and also pointed out that a grant in the amount of $2500 was under consideration by King County. She also indicated the pos- sibility of receiving some countercyclofalheunds . It was determined for Just that a copy Rape Relief budget was not available at this meeting but such information would be furnished to the City immediately. In response to questions from the Council , Ms . Pistoresi noted that a proposal for formation of a State agency office will go before the Legislature so that some of the services that each organization performs can be done by a cen- tral organization. She pointed out that individual organizations can do what is best for their particular community. If the organization was to consolidate with the Seattle the personal contact which is vital to the success of the operation would be lost. In response to Masters ' question, Ms . Pistoresi noted at the present time the agency is located in the UGN Building near the Valley General Hospital . She noted that further answers to any questions the Council might have could be answered by the Chairman of the Board. Storment noted that he would like the Finance Committee to give consideration to the request from the Public Works Committee which was dis- cussed during the budget hearings to take a flat 10% of Federal Revenue Sharing funds available in 1977 to set aside for public works plans , in light of the recent Public Works bill passed by the Congress . With this money it was hoped that it would be possible to have plans for public works projects so that they would be ready and available if such a bill should again be passed by Congress . He also noted that each time a new project is started and funded, plans for the next project should be under preparation. He noted ted that e wouldnlikegthated was rrequest5placced before the that he Finance Committee . Mayor Hogan noted that she would like to suggest that the City set aside approximately $75 ,000 for the purchase of the Burlington-Northern station. She noted that an attempt has been made to lease the station for $1 per year. She noted that the Railroad does have a small skeleton crew working out of the station . She pointed out that the figure of $75 ,000 was the value placed on the land and building and that acquisition of the station would add much to the downtown core area and suggested several possible community uses for the prop- erty. She noted at the present time any upkeep to the building has to be done by the Railroad maintenance crews and it was impossible for the City to improve the station until we own it . FEDERAL In response to Kittois question, Mayor Hogan pointed REVENUE out that more space was needed for arts and crafts , SHARING even with the completion of the Kent Commons project, and the station could also be used for a Visitors Information Center or as headquarters for the Chamber of Commerce. She also noted that acquisition of the station would provide much needed restrooms for the downtown area, and that the site would provide additional parking space for the downtown area. It was determined that the station does not have much value as a commercial property. McCaughan suggested that consideration should be given to acquisition of the Soames property as it might be possible to make a deal with the owners if the funds were available . It was determined that the Soames property in question is located on the River, the Neely house , which is the one historical site the City has . It was noted that this hearing is essentially for all 1977 funding. Just questioned whether another Federal Revenue Sharing hearing would be held in June . Winkle pointed out that new Revenue Sharing regula- tions will require that all Revenue Sharing hearings will be held at least ten days prior to the regular budget hearing . He noted that the reason for this was because budget items were often set over to Federal Revenue Sharing fund requests . McCaughan asked if the Russell Road Park amount of $150 , 000 was proposed to come out of matching funds , in view of the new regulations about co-sharing, or if it would come from the General Fund . Street stated that he had attended several meetings and noted that the money that we have on hand and that which will be received through 1977 cannot be used for matching Federal projects--it must be used for other than Federal projects . He noted that the problem exists because the majority of cities in the United States have budget years running from either July 1 or October 1 , and in this State our budget years runs from January to December . He noted that for this reason the cities in Washington hope to get an exemp- tion, and that an appeal has been made . It is hoped that an exemption will be obtained from HUD. He noted two items which would not be allowed: Item 12 (b) - 4th Avenue Signals , and 12(g) - Widening of Military Road, both of which call for matching FAM funds . Regarding Russell Road Park, he noted that we do have $174, 000 of matching money that is not Federal Revenue Sharing funds , and if the Council desired to use $150 , 000 of that for the Park it would be possible to do so . If relief is obtained by an exemption then it would be possible to make use of Federal Revenue Sharing funds for matching. It was noted that there certainly were enough projects on which to invest . He noted that items 12b and g should be considered because they both involve safety factors . It was determined that most other projects do not fall into this category but that Federal Revenue Sharing funds cannot be used for matching funds . Beginning next year the Federal Revenue Sharing hearing will be held the first or second meeting in November, and decisions for use of the funds must be made at that time . Just suggested that Revenue 4� 'i nd FEDERAL Sharing might be put into the general fuid was REVENUE then taken from that fund when needed. SHARING determined that the City has to certify as to the origin of the funds . It was determined hat while this procedure is being practiced by o er cities , there has been no audit of Federal Revenue Sharing funds and no penalties have been established as yet . Winkle further pointed that interim hearings could be held but no specifications have as yet been established for this . He also noted that the Council for the office of Federal Revenue Sharing is studying the problem. He noted that some relief may be established for the benefit of those cities whose budgets are adopted prior to the first of the year. He also noted that itwas sTnot was possible to amend last ybudget . no correspondence and no further comments . McCAUGHAN MOVED that the hearing be closed, Carey seconded. Motion carried. KITTO MOVED that the Finance Committee review and prioritize the requests and present their findings at the January 17 Council meeting, Just seconded. In response to McCaughan' s question, it was determined that there is no time limit set for such review. Motion carried. FINANCE Kitto reported an informative review on our current insurance plans and the reasons for increases in premiums was held at the last Finance Committee meeting with our non-Council insurance expert , Dick Adams . McCAUGHAN MOVED that the bills received on or before December 20 , 1976 and approved by the Finance Committee at its meeting to be held at 8 : 00 a.m. on December 302 1976 be paid, Storment seconded. Motion carried. Claims approved by the Finance Committee at its meeting of December 15 , 1976 are as follows : Current Expense $ 24,498 . 95 Parks & Recreation 5 ,405 . 32 Library 68 , 260 . 15 1 , 519 . 55 City Streets 519 .55 Alcoholic Rehabilitation 51 ,914 . 14 Federal Shared Revenue 51 ,697 . 61 Smith/Central to 4th 4118 .51 E-H Booster Pump 047 .14 Equipment Rental 36 . 07 Housing & Comm. Devlpmnt 2 , 030 .33 Firemans Relief & Pension 2 , 039 . 71 Leoff Disability 5 : 060 . 54 Sewer 7 , 245 . 99 90 Water Garbage 36 , 781 . 09 $294 , 964. 00 MEETING ADJOURNED: 9 : 50 p .m. Respectfully submitted, Betty Gray City Clerk Pro Tem