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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/18/1977 Kent, Washington April 18, 1977 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: Planning Commissioners Johnson and Williams and URS representative Ramsey. Approximately 90 people were in attendance at the meeting. MINUTES JUST MOVED that the minutes of the meeting held April 4, 1977 be approved as printed, Storment seconded. Motion carried. FLOOD CONTROL It was noted that a public hearing has been scheduled for this meeting to receive input concerning surface water problems. Mayor Hogan gave a summary of events since March 1, 1977, including action taken at the Council meetings of March 21 and April 4. Planning Director Harris explained that at a meeting on March 9, it was decided that the Planning Directors of Auburn, Kent, Renton and Tukwila and the King County staff would form a special study group to draft an interlocal agreement to cooperatively seek a soluLion to the problem. Meetings were held and an agreement drafted. Harris summarized the topics covered in the agreement, noting that the work program was to be submitted within 90 days. Public Works Director Ulett noted that the Corps of Engineers has now advised that there could be periods of up to 7 days when no pumping into the River would be possible, as a result of the West Side Green River Watershed project having been declared inactive. City Attorney Mirk stated that the City has the legal right to impose a moratorium for a stated period of time to develop a comprehensive drainage plan. The public hearing was opened by the Mayor. Gary Volchok of Coldwell Banker Co. asked if a land owner would have to show that he had provided a way to retain water on his property for seven days before he would be issued a building permit. Ulett noted that the Corps of Engineers had so suggested for any development in the Valley. Harris explained that permits from the Department of Ecology were re- quired. Volchok pointed out that in order to secure a loan from a bank for pro- perty on the Valley floor, Federal flood insurance was required. He noted that although he recognized the problem, he was not in favor of the moratorium, but would rather see each proposal considered on an individual basis. Don Bogard noted that storm water could not be retained for seven days in the Valley due to the water table conditions. Ulett stated that the water would have to be retained at an elevation above above the 100 year flood level stage. Bert McNae spoke against a moratorium, suggesting that developers could designate a retention area on a portion of the land while developing the balance of the property. He introduced Mike Brooks of Wilsey & Ham, who described the retention proposal for the Gwerder property, now under consideration for rezone. Brooks also opined that the drainage problem should be dealt with on a case by case basis, instead of a blanket moratorium. Tom O'Connell opined that a moratorium should not only cover the Valley but the hillsides and Auburn and Renton as well. He pointed out that hillside develop- ment caused drainage problems in the Valley, and that such a moratorium might call attention to the problem and finally resolve it. Upon Lee Purdy's question, Mayor Hogan explained that the proposal for the mora- torium was for "a full moratorium in development on the west side of the Green River for all properties lying below the 100 year flood elevation, plus a mora- torium to prevent rezones of M-A zoned lands between the West Valley Highway and Green River from S. 212th St. to James St. " A letter was read from Henry Towne opining that anyone aware of the drainage con- ditions in the Valley and willing to chance developing, should be allowed to do SO. He further stated that effort over the years should have been directed toward making the Green River straighter, wider and deeper. MASTERS MOVED to make the letter a part of the record, Johnson seconded. Motion carried. The City Clerk read the Mayor's April 8, 1977 letter to Galen Bridge of the Depart- ment of Agriculture, which was authorized at the April 4 Council meeting. The letter indicated Kent's concern over a possible breach of contract by the Department in de- claring the West Side Watershed inactive. Upon Johnson's motion, seconded by Carey, the letter has been made a part of the official record. The Mayor's April 12 letter to King County Councilman Mike Lowry was read, request- ing allocation of $17,000 Housing & Community Development "Population" funds to be used to resolve the drainage problem in the Valley area, and noted further that it is expected that other Valley cities will make similar requests. MASTERS MOVED for the letter to be made a part of the record, McCaughan seconded. Motion carried. The City Clerk read a letter from the Chamber of Commerce voicing opposition to a moratorium, and suggesting that the City continue to work with the County and neigh- boring Valley cities to resolve drainage problems. STORMENT MOVED to make the letter a part of the record, Johnson seconded. Motion carried. Upon Kitto's question, Volchok suggested that an LID for drainage might be an alter- native to a moratorium. He noted that in the Western Gear Company area a ditch had been moved, at a cost of $8,000, to provide drainage. In answer to Kitto's further question, Mayor Hogan explained that the six month moratorium was suggested to allow time to find a solution to the problem for those who owned property in the area which would no longer be served by the West Side project. She further explained that we thought we had the problem solved under the 1966 original agreement for the West Side project, but his project has now been abandoned without our consent. The Mayor pointed out that we are eligible for the County funds to assist us with this problem. She pointed out that if approved, an ordinance cowering she moratorium would have to be drafted and adopted and would cover only the areas specified in her proposal. She noted that solving the problem was essential for the protection of the entire City, pointing out that water from one parcel could run onto another parcel, creating the problem for another property owner. Ben Aliment of Foster Golf Links in Tukwila stated that in 1966 the Army Engineers said that the dikes would have to be raised, and that he considered that this was the only solution to the problem. Bert McNae commented that various moratoriums in the Sammamish area, along with water- front restrictions, were taking away the options of the developers. He noted the wishes of some to preserve farm land in the Valley when the farmers themselves were not interested in farming. He pointed out that the plans for the Gwerder property included a $4,000,000 building which would employ 200 people. He opined that the people were not in favor of the moratorium, that it was the idea of the staff. McCaughan determined that McNae was paying assessments for water and sewer LIDs. Mirk explained to Masters that property owners could get tax relief by placing their property in a "holding category, " but if they wanted to sell the property a penalty would have to be paid for the time the tax relief had been granted. He noted that property zoned for industrial use was taxed accordingly, even if not presently in use as industrial. The moratorium, if approved, would not provide any tax relief. Mirk asked McNae if the developers would be willing to protect the City of drainage- from an area under development caused damage to a neighboring property. Mirk noted that the City would be likely to be sued in this instance and asked McNae if he would post a bond to protect the City in these circumstances. McNae replied that he would provide such a bond. Masters commented that it was evident that the Valley cities and the County shared this common problem and that if the channels will not hold the water, a method of solving the problem must be found. She opined that steps should be taken to secure the cooperation of local, County, State and Federal governments to build the facili- ties to remove the water from the Valley. McCaughan commented that although McNae had expressed willingness to post a bond to protect the City, we have to be concerned also with hillside developers who cause more drainage problems by run-off from the hills. He opined that a moratorium for Kent alone would not have a significant effect. Upon Storment's question, Ulett noted that we would run a risk if we pumped into the River from the South Central pump station when the river is high. Storment opined that the core area of the City had a definite drainage problem and that the moratorium should cover this area also. Mayor Hogan noted that the moratorium proposal was for the areas which had been deleted with the abandonment of the West Side project. FLOOD CONTROL Johnson noted that Kent was the only City considering the cooperative agreement tonight, that the other Valley cities had not agreed to it as yet. It was deter- mined that a moratorium was not proposed in the other cities. Kitto asked Harris if there were any other applications for rezones pending other than the Gwerder property which were in the area described in the moratorium proposal. Harris noted that there were three. McCaughan opined that the only way of funding a drainage project would be on a County-wide basis. There ;were no further comments and STORMENT MOVED to close the public hearing. Johnson seconded, motion carried. Mayor Hogan noted that she didn't think that the West Side plan would be reactivated, nor did she think that the other cities had expressed much interest in the problem as it relates to Kent. Masters opined that the problem was a regional one, and should be resolved by all the Valley cities and the County. She stated that she recognized that there was a monetary problem and that she did not disagree with the idea of a utilities or storm water tax, but that she disagreed with calling a halt to development in the Valley because there are people who have invested in industrial property. KITTO MOVED that the Council be polled on whether they wish to pursue the idea of a temporary moratorium. Johnson seconded. Masters stated that a six month mora- torium would not be long enough to accomplish anything. Motion carried, with Storment, McCaughan and Carey voting nay. The Council was then polled by roll call vote. The motion on pursuing the idea of a temporary moratorium failed with Kitto casting the only affirmative vote. McCAUGHAN MOVED that action on a moratorium be put off until such time as a study by the technical committee can be made and brought back to the Council with concrete direction with a time limit concurrent with their study. Masters seconded, and asked for further explanation. McCaughan stated that we were not ready to call for a moratorium until we have more infozmation from the technical committee which is to be created. StormenL reviewed the action of the two motions just voted upon, and clarified that the motion to pursue the idea of a moratorium had FAILED and therefore Mc- Caughan's motion was pointless. McCAUGHAN and MASTERS WITHDREW the motion and second. KITTO MOVED that the Mayor be authorized to sign an agreement entered into by and between King County, the City of Auburn, the City of Renton, the City of Tukwila, and the City of Kent for the purpose of collectively developing a work program to guide in the formulation of an interim policy and regulatory plan which can serve to mitigate existing and future flood damages in the lower Green River Valley until such time as Federal flood protection projects are implemented. Just seconded. Motion carried. Mayor Hogan clarified for the audience that the Council had not agreed to a tem- porary moratorium, but had authorized Kent to enter into the agreement which was previously described by Harris tonight, and to which reference was made at the last Council meeting. It was determined that the agreement specifies that the work-program will be submitted by the technical committee no later than 90 days after the adoption date of said agreement. Harris opined that the agreement would be signed by King County, Renton, Auburn and Tukwila by the end of May. At the close of the meeting, Mayor Hogan announced that she was administratively instructing the Public Works Director and Planning Director that any building permits issued for the areas that had been under consideration for the moratorium include a disclaimer to protect the City from any liability during the interim period while the study is taking place. The Council concurred, and agreed that a motion was unnecessary. REZONE Garrett. On March 22, 1977, the Planning Commission held a public hearing on an application filed by Delane Garrett for a rezone from 1,1A, Industrial Agriculture, to MR-M, Medium Density Multi-Family Residential, on property located along the south side of S. 212th Street and extending approximately 1,000' east of Russell Road. The Planning Commission recommends that this application be approved with the following conditions: 1) Prior to approval of the rezone, an acceptable drainage plan is submitted to the Public Works Department. This plan should include provision for on-site detention facilities to meet the requirements of the King County Ordinance. 2) The area at the east end of the applicant's property shall be reserved for the future right-of-way for Russell Road. The width of the reservation shall con- form to the City's standards for arterial streets and the precise location shall be designated by the Public Works Department. 3) At such time that Russell Road is relocated the applicant shall relocate any improvement within the new right-of-way at his own expense. 4) A Shoreline Permit is required prior to development. Harris pointed out the location of the proposed rezone, noting that the area con- sisted of approximately 7.5 acres. He determined that under Condition #2 the re- served right-of-way could be used by the property owner until such time as the realignment of Russell Road is accomplished. --- Delane Garrett addressed the meeting, noting that he had been working on the pro- posed development of the KOA Campground site since last September, and stating that there was a need for such type of facility in the Valley area. He referred to the conditions which the Planning Commission had placed on its approval of the rezone and noted that most of them have been accomplished or are underway. He pointed out that there had been some misunderstanding regarding the necessity for a Shoreline Permit but that such Permit would be applied for immediately. He noted that the matter of drainage has been discussed with the Engineering Department and that the necessary Flood Control Permit has been applied for also. In response to Masters' question as to the proposed realignment of Russell Road, Harris noted that this was planned to remove heavy traffic from a narrow roadway and for development of the interior portion of the land in that area. Kitto questioned what was planned to handle the flood control problem in the area. Masters opined that the area in question does not have a major flooding problem and Harris clarified that only one small portion of the property in question has a problem with standing water. Ulett expressed the opinion that any plan for the area would rely on the advice put forth by the King County Hydraulics Division. In response to Kitto's further question, Ulett noted that most of the property is above the 100 year natural flood level. Kitto inquired whether detailed plans would be required for development of any area where flooding is a possibility, and Ulett noted that in order to protect the City this would have to be a require- ment. There was no correspondence and no further comments were offered. JUST MOVED that the hearing be closed, Carey seconded. Motion carried. JOHNSON MOVED that the Attorney be directed to prepare the ordinance approving the rezone in accordance with the Planning Commission recommendations and con- ditions, Carey seconded. Motion carried. RECREATIONAL VEHICLE PARK COMBINING DISTRICT Garrett Mobile Home Park - Recreational Vehicle Park Combining District. On March 22, 1977, the Planning Commission held a public hearing to consider the request of Delane Garrett for a Mobile Home Park Recreational Vehicle Park Com- bining District to allow a 150-pad overnight recreational vehicle campground on property located along the south side of S. 212th Street and extending approxi- mately 1,000 feet east of Russell Road. The Planning Commission recommends approval of the application with the following conditions: 1) Prior to approval of the MHP-RVP District, the applicant shall submit an acceptable drainage plan to the Public Works Department. This plan should include provision for on-site detention facilities to meet the requirements of the King County ordinance. 2) An emergency access to Russell Road be provided. This access shall only be used by vehicles in an emergency and shall not become a regular entrance to the recreational vehicle park. 3) The area at the east end of the applicant's property shall be reserved for the future right-of-way for Russell Road. The width of the reservation shall conform to the City's standards for arterial streets and the precise location shall be designated by the Public Works Department. 4) At such time that Russell Road is relocated, the applicant shall relocate any of his improvements within the new right-of-way at his own expense. 5) The approved development plan shall reflect all requirements of the Recreational Vehicle Code (except those requirements for which a variance has been granted.) 6) Applicant obtain a Shoreline Permit prior to development. 7) Applicant obtain a Flood Control Permit prior to development. Harris pointed out the location of the proposed 7.5 acre recreational vehicle development and rioted that it would provide approximately 154 spaces for recre- ational vehicle overnight parking. He pointed out one entry to the site from S. 212th. The Mayor opened the public hearing. In response to Masters' question, it was determined that the northwest parcel adjacent to the proposed site was excluded as negotiations were still underway for acquisition of this parcel. In response to McCaughan's question as to what would result if the KOA campground facility did not prove successful, Harris pointed out that if the applicant wished to turn the campground into a mobile home park he would then have to reapply for a mobile home park combining district under the conditions of the Mobile Home Park Code. Harris further noted that the City does have a Recreational Vehicle Code ordinance which was adopted several years ago in anticipation of develop- ments such as that planned by Mr. Garrett but which had never materialized until this request was presented. There were no further comments and no cor- respondence. JUST MOVED that the hearing be closed. Kitto seconded. Motion carried. McCAUGHAN MOVED that the recommendation of the Planning Commission with the stated conditions be approved and for the Attorney to be directed to prepare the necessary ordinance, Just seconded. Motion carried. PRELIMINARY PLATS East Hill Commercial Tracts Preliminary Plat. On March 22, 1977, the Planning Commission held a public hearing on the East Hill Commercial Tracts Preliminary Plat and recommended approval with conditions. The public meeting on the pre- liminary plat is scheduled for this Council meeting. Harris pointed out the location of the preliminary plat, noting that it covered a 3.26 acre, seven lot, commercial subdivision lying at the northeast corner of the intersection of 101st Avenue S.E. and S.E. 260th Street and is zoned CC, Community Commercial. The conditions recommended by the Planning Commission are as follows: 1) Extend water and sewer lines to conform to the specific comprehensive plans. 2) Loop the water system as per requirements of the Fire Department. 3) Provide storm water detention facilities to meet King County Ordinance requirements. 4) Provide a 25 foot radius at the southwest corner of Lot 2. 5) Improve the east 30 feet of 101st Avenue S.E. and the north 30 feet of S.E. 260th Street with sidewalks, curbs and gutters and paving. 6) Install streets, utilities and storm drains prior to construction. 7) Design and management of surface drainage systems should be planned prior to construction and implemented according to that plan. All water should be conveyed to a safe, non-erosive outlet. 8) Design and management of sub-surface drainage system should be planned prior to construction and implemented according to that plan. All water should be conveyed to a safe, non-erosive outlet. 9) Avoid soil disturbance during rainy season. 10) Brush and small trees should be chipped for erosion controlling mulch material. 11) Avoid over-the-slope dumping of soil, vegetative waste or debris. 12) Denuded ground should be protected as soon as construction allows, but not later than October 1. Harris noted that there is a proposal pending for an apartment house complex in the remaining vacant land in the area and that this plat would cover the last commercial development. PRELIMINARY PLATS The public meeting was opened by the Mayor. Chuck Adams, representing the applicant, noted that the principals in this development were out of the City at the present time and therefore had not attended the Planning Commission hearing. He noted that the applicants had been under the impression that there would be no require- ment for curbs, gutters and sidewalks. Adams further noted that he had mailed copies of the Planning commission recommendations to the parties involved and that until such time as he was able to contact all the parties involved, he asked that the Council continue the matter. Accordingly, JUST MOVED that a public hearing be held on May 2, 1977, to consider the East Hill Commercial Tracts Preliminary Plat, Johnson seconded. Street pointed out for Masters that this action was appropriate since the matter was discussed at this Council meeting as a public meetina and any changes to the Planning Commission recommendations would require the setting of a date for a public hearing. Adams also noted that there was some discussion as to a 1 foot strip on the opposite side of the street and the possible straightening of the road which should be considered. Motion carried. Randall Park Division #2 Preliminary Plat. The Planning Commission held a public hearing on the Randall Park Division #2 Preliminary Plat on March 22, 1977 and recommended approval with the following conditions: 1) Provide on-site detention facilities to meet the requirements of the King County Ordinance. 2) Provide for access to the unplatted property north of S. 261st Street. 3) Improve S. 261st Street to City Standards prior to filing plat. 4) Improve west half of 42nd Ave. S. to City standards prior to filing plat. 5) Provide sidewalk on west side of 42nd Ave. S. and on south side of S. 261st Street. 6) Provide street lighting. 7) Provide street name signs to Kent standards. 8) Provide 6-inch water main on S. 261st Street. 9) Protect against erosion leaving the site. 10) All Soil Conservation Service recommendations: A. For those portions of the tract with SK soils: (SK - Seattle Muck Soil: Has a moderate permeability and a seasonal high- water table at or near the surface of the ground. Limitations for founda- tions for low buildings, shallow excavations and septic tank filter fields are severe due to the seasonal high water table and organic nature of the soil. Little or no erosion hazard.) (1) Install streets, utilities and storm drains prior to construction. (2) Design and management of surface drainage systems should be planned prior to construction and implemented according to that plan. All water should be conveyed to a safe, non-erosive outlet. (3) Design and management of sub-surface drainage system should be planned prior to construction and implemented according to that plan. All water should be conveyed to a safe, non-erosive outlet. (4) All road designs should utilize available soils information. B. For those portions of the tract with AgC soils: (AgC - Alderwood gravelly sand loam Soil: Moderately well drained gravelly sandy loam soil having a weak to strong consolidated substratum at a depth of 24 to 40 inches. Permeability is moderately rapid in surface layer and subsoil and slow in substratum. Water moves on top of substratum in winter. Run-off is slow to medium and erosion hazard is moderate. Limitations of this soil are: for foundations for low building - moderate (due to the seasonal high water table) ; limitations for shallow excavations are severe.) (1) Install streets, utilities and storm drains prior to construction. (2) Design and management of surface drainage systems should be planned prior to construction and implemented according to that plan. All water should be conveyed to a safe, non-erosive outlet. a (3) Design and management of sub-surface drainage system should be planned prior to construction and implemented according to that plan. All water should be conveyed to a safe, non-erosive outlet. (4) Avoid soil disturbance during rainy season. (5) Seeding, mulching, netting and mechanical forms of protection can be used to stabilize exposed soils. (6) Avoid over-the-slope dumping of soil, vegetative waste or debris. (7) Denuded ground should be protected as soon as construction allows but not later than October 1. 11) The City of Kent be granted an open space easement (or similar agreement) to insure preservation of the bog area (Tract "A" on the preliminary plat) . If appli- cant does this he is relieved of all responsibility of the property. 12) No open ditches shall be permitted. The public meeting to consider the preliminary plat is scheduled for this Council meeting. Harris pointed out the location of the proposed preliminary p1dt on S. 261st Street between 36th Avenue S. and 42nd Avenue S. , consisting of 37 lots on approximately 13 acres of land. Harris distributed copies of Erosion and Sediment Control Plan prepared by the King County Conservation District and the Soil Conservation Service, a copy of which is on file with the City Clerk. He recommended that the Planning Commission conditions and the following require- ments from the Soil Conservation Service report be adopted as part of the approval of the plat: "TEMPORARY SEEDING Following clearing, the areas will be seeded temporarily and mulched. RECOMMENDATIONS FOR SEEDING: 1) Site preparation: Scarification resulting from clearing should be adequate for this process. a. Liming - apply lime at the rate of 100 lbs. per 1000 square feet. b. Fertilizers - apply 12 pounds of 10-10-10/1000 square feet. Lime and fertilizers should be worked well into the soil to a depth of approxi- mately 4 inches prior to seeding. 2) Seeding - Selection of the forage to be used will depend on the time of year the seeding is done. If the seeding is done in the fall seed Gray Oats at the rate of two pounds per 1000 square feet. Cereal rye should be planted in the spring at the rate of 2 pounds per 1000 square feet. However, annual rye grass can be seeded anytime of the year at 2#/1000 square feet." "MULCHING Following seeding, mulch material will be applied to the site. Mulching will provide protection against erosion, aid in establishing vegetative cover resulting in a reduction in the amount of sediment allowed to leave the site. Periodic addition of mulch material may be necessary on areas subject to vehicular traffic. " "CONTROL OF RUN-OFF WATER FROM IMPERVIOUS SURFACES To effectively reduce erosion and sedimentation on sites actively undergoing con- struction, control of run-off from impervious surfaces is of prime importance. The following measures are planned to achieve the above results: A. Run-off from roofs will be disposed by use of downspouts discharged into the storm sewer system. B. The open drainage ditch that provides an outlet for the "marshy" area will be piped into the storm sewer system. All necessary hydrologic conditions will be considered in sizing of the pipe. " The public meeting was opened by the Mayor. Marvin Milosevich, developer of the proposed preliminary plat, noted that he had met with Mr. Henry, Conservationist, of the Soil Conservation Service, and was of the opinion that any of the problems set forth could be worked out satisfactorily, particularly with regard to erosion or possible contamination of Lake Fenwick resulting from development of the pro- perty. There was no correspondence and no further comments. JUST MOVED that the meeting be closed, Carey seconded. Motion carried. JUST MOVED that the Randall Park Division #2 Preliminary Plat be approved with the conditions as presented, Carey seconded. Johnson noted that the name of 42nd Avenue S. had been changed to Cambridge Drive S. and Ulett noted that this change would be reflected on the plat and on appropriate street signs. McCaughan referred to the bog area on the property and opined that the matter had not been resolved to his satisfaction. It was determined that the City would accept liability for that portion of the property under the terms of the Planning Commission condition #1 which requires the granting of an open space easement to the City by the applicant to insure preservation of the bog area. Mirk stated that the easement would be prepared by the City and the City would then assume all responsibility, and that his recommendation would be that the City fence the area. Harris noted that Milosevich was of the opinion that some building could be done in the area but opined that the major portion of the bog area was totally unsuitable for building of any kind and could possibly be used for a detention pond. Harris noted that necessary open space for Lake Fenwick would be provided by the bog area. Acquisition of the easement was suggested to protect the City. He pointed out that if Milosevich does not accept the conditions of the asement as drawn up to City specifications, Milosevich would then retain the bog area and assume responsibility for it. Masters concurred with Mirk that the City should acquire the bog area, since the developer would be unable to do anything constructive with it. Mirk suggested that the site be shown as a dedication on the face of the plat instead of as an easement. Milosevich suggested that portions of the bog needed for drainage retention purposes should be used by him for that purpose. Carey questioned whether the City had the responsibility for other hold- ing ponds of this type and Mirk replied we did not. Motion carried. HEALTH & SANITATION LID 282 - K-Mart Sewers. The Preliminary Assessment Roll for LID 282 was presented by Public Works Director Ulett. He pointed out the location of the proposed pro- ject, noting that it was a local improvement district for the reconstruction of approximately 1800 feet of sanitary sewer line in the vicinity of the West Valley Highway and Willis Street. He noted that the estimated cost of the project was $120,000 and involved about 24 property owners, and that the cost estimate was about 4 cents per square foot. Street explained the proposed method of financing the LID by bonds. The public hearing was opened by the Mayor. Ron Beemis, representing the Goodnews Bay Mining Company, a major property owner in the area, questioned whether or not all the property owned by Goodnews was covered in the proposed LID. Ulett noted that if the capacity was sufficient it was possible to extend the line to include the portions of their property not now covered. Lillian Runkel noted that the sewer line proposed was not near her property on West Meeker Street and questioned the reason for assessment. Ulett noted that the Runkel assessment represented only a small charge (1/2 cent per square foot) and provided for future hookup to the sewer by extension. Mr. Nagasawa referred to the assessment to his property and noted that the sewer line was not close to his property. Ulett opined that he would have access to the sewer and that at the time of the final assessment roll necessary adjustments would be made for the portion he no longer owns. In response to Al Benaroya's question as to the procedure to be followed, Ulett noted that if no protests to the proposed LID were received and if the Council agrees to continue with the LID as set forth, plans and specifications for the project would be completed and the necessary call for bids issued. At the time the project is completed, the final assessment roll will be prepared. He noted that assessments per square foot were based only on properties within the area shown on the map as being served by the sewer line. Al Benaroya of Consolidated Beverages questioned the length of time the proposed sewer LID had been in the planning stage. Ulett noted that petitions requesting the formation of the LID had been received on March 3, although there had been some discussion held regarding the matter prior to that time. He noted that several persons had signed the petition on behalf of other property owners as their authorized representatives, noting there were several companies involved in the K-Mart complex. Harry Williams, representing the Valley Publishing Company, noted that discussion had been held with the Engineering Department regarding the possible extension of the sewer line in Willis Street. A letter from John L. Fournier, Jr. , President/ Publisher of the Valley Publishing Company, was read by the Clerk, requesting that the project be extended easterly on Willis Street to include one more man- hole closer to the Valley Freeway, which would add approximately $1,000 to the total cost of the project according to City of Kent Engineering Department figures. MCCAUGHAN MOVED that the letter be accepted and made a part of the record, Masters seconded. Motion carried. Johnson questioned whether ample time had been given to property owners in the area to see if their needs will be adequately covered by the LID as proposed. She suggested that because of the cost invovled, the property owners should be more aware of the jroject. The Clerk determined that notices had been mailed on March 31 and had also been published within the time frame required by Statute, 15 days prior to the date of the hearing. Beemis stated that he would like to go on record to have the hearing continued so that Goodnews Bay Mining Company could confer with the engineers to see if the other portion of their property could be included. Storment questioned the date for the completion of Willis Street. Ulett noted that according to recent conferences with the Highway Department the project could go to bid in sixty days if the money is available. Just noted that Beemis, representing Goodnews Bay Mining Company, would like to have the project extended to include all of the property owned by that company. Mirk stated that if the boundaries of the LID were changed, we would have to pass another Resolution of Intent, reflecting the new legal description, and setting a new date for a public hearing. Just opined that the matter should be delayed to allow additional time for the property owners involved. Mirk noted the hearing could be continued but if the boundaries are changed the LID process would have to start over again. Carey determined that by changing the boundary lines, the cost of the entire project would also be changed. It was determined that consideration of the Fournier request would not make it necessary to redo the LID. In response to Masters' question, Ulett noted that the petition represented the property owners with the largest land holdings. JUST MOVED that the hearing be continued to May 2, Storment seconded. In response to Just's question, Ulett determined that the requested delay should not adversely affect the K-Mart construction project. In response to McCaughan's question, Mirk determined that if the boundary lines for the project were changed, it would be about the middle of June before the next public hearing could be held. Re- sponding to McCaughan's further question, Ulett determined that the reason for the Goodnews Bay Mining Company property not being included in its entirety was because no plans for development of those portions omitted were known. Kitto opined that delaying the project until June may affect the design of the LID. Motion carried. LID 280 - Hughes-Ulleland Sewer. Eleven bids were received on April 15, 1977 for the construction of sanitary sewers on S.E. 254th Place and 114th Avenue S.E. The three low bidders are as follows: Amount Name Including Tax T.W. Traverso Construction $50,883.43 Charles L. Fournier Co. 52,316.08 Renton Construction 56,378.77 The engineer's estimate was $67,138.75, including tax. In accordance with the recommendations of the Public Works Department, JUST MOVED to accept the best bid of T.W. Traverso Construction in the amount of $50,883.43, including tax, McCaughan seconded. Motion carried. Utility Service. Five requests for water and/or sewer as presented at the last Council meeting were discussed by the Public Works & Planning Committee, who re- commend that the following requests be granted: Name & Location Service Requested Basis for Non-Need to Annex 1) Mac-Land, Inc. Sewer & Water Not Feasible (Peter Frame) Proposed Plat Meadow Lane 2) John Phillip Water Temporarily E of 94th Ave. near Unacceptable S. 244th Street 3) Ray D. Sipes Sewer Not Feasible Link Addition on 94th Ave. S. N of S. 248th 4) Subdivision Management Co. Sewer & Water Not Feasible Kentridge Estates Div. #4 The Public Works & Planning Committee further recommended that the action be delayed on the water and sewer service request of Kent Development Company (Armand Favro) for service to the property west of the Garrison Creek Reservoir and Park, and requested that the property be prezoned by the Planning Commission. KITTO MOVED that the first four requests be granted, subject to the Conditions of Resolution 822, and that the Planning Commission be requested to commence prezoning of the Armand Favro property, Carey seconded. Motion carried. Outside Utility Service - Kent Highlands #1 Sewer. Eleven lots in the Kent High- lands No. 1 Plat, located at the northeast corner of S.E. 256th Street and 116th Avenue S.E. , outside the City limits of Kent, are owned by persons other than Jim Plemmons. John May, one of the owners, has requested authorization to connect to the sewer now being constructed by Plemmons. It is recommended that service to all eleven lots be authorized, subject to the provisions of Resolution No. 822, and based on annexation being temporarily unacceptable. JUST MOVED that this sewer service to Kent Highlands No. 1 Plat be authorized, subject to the provisions of Resolution No. 822, and with the declaration that annexation is temporarily unacceptable. Kitto seconded. Johnson determined that this particular request had not been fully discussed at a Public Works & Planning Committee meeting and MOVED that the request be referred back to the Public Works & Planning Committee, Masters seconded. Johnson noted for Just that there had been opposition to annexation in this area and that the annexa- tion question should be further discussed. Johnson's motion carried. Utility Service. The following requests for utility service outside the City have been received: Name Location Service Requested Jay Kirk Anderson 11120 S.E. 256th, Kent Sewer & Water Mrs. Glenn E. Knox Adjacent to 24608 116th Ave S Water JUST MOVED that the requests be accepted and made a part of the record and re- ferred to the Public Works & Planning Committee, Carey seconded. Motion carried. WATER Fuller Request. A letter was read from Sharon Fuller, 16601 S.E. 235th Street, requesting City water service for a lot located at approximately 23405 - 94th Avenue S. The letter noted that when the Hamilton Road Community Water System was taken over by the City, Ms. Fuller's parents owned two shares, one of which is being used for property located at 23401 - 94th Avenue So. Ms. Fuller noted that since she is now preparing to sell the adjoining lot, she needs the remain- ing share to supply water service to the lot. MASTERS MOVED that the letter be accepted and made a part of the record, and referred to the City Attorney, Johnson seconded. Motion carried. East Hill Pump Station #5. Upon the recommendation of the Engineering and Water Departments, JUST MOVED that the George W. Slater Company contract for the East Hill Pump Station #5 be accepted as complete, and that after receipt of the necessary releases from the State the retainage be released, Storment seconded. Motion carried. Kent Springs Transmission Line - Water District No. 105. It was noted that Kent has approximately 55 water customers near the intersection of Kent-Kangley Road and Highway 18 who are served by an extension from the Kent Springs Transmission Line. These customers receive low quality service at the present time but could be tied to the King County Water District No. 105 distribution system where their service would be better and where they could obtain fire hydrant flows. The District is willing to accept the customers and the Public Works & Planning Committee has recommended the transfer. Accordingly, KITTO MOVED that the Mayor be authorized to execute a Bill of Sale for this portion of the water system, consisting of approximately 3,600 feet of water main, four fire hydrants and 55 water meters, Storment seconded. In response to McCaughan's question, Mirk stated that there would be no liability to the City. Motion carried. SIDEWALKS Eastridge #1. In accordance with the recommendations of the Engineering Depart- ment, KITTO MOVED that the City accept the Bill of Sale and Warranty Agreement for the sidewalk improvements which were constructed in conjunction with the development of Eastridge #1 Plat. Carey seconded. Motion carried. TRAFFIC CONTROL PARKING The Public Works and Planning Committee has made the following recommendations: 1) The discontinuance of that portion of the two-hour parking zones on all streets east of Central; 2) The increase of the fine for overparking from $2.00 to $5.00; 3) Enforcement of parking limitations. It was noted that the Public Works & Planning Committee had suggested that the Finance Committee should consider the matter of the fines. STORMENT stated that the area is well signed now and MOVED that the City Attorney prepare the necessary ordinance to reflect the changes and revising the fine im- posed for violations. Just seconded. McCaughan stated that some merchants in the area stated they have not been contacted regarding the proposed changes. It was determined that problems could result from people parking all day in spaces in front of various businesses. McCAUGHAN MOVED that action on the proposed changes be delayed until May 2 to allow for further citizen input, Just seconded. Motion carried, with Storment voting nay. ENERGY CONSERVATION At the last work session a presentation on energy conservation was made by Don McDaniel of Puget Power. Within the next few weeks a comprehensive plan must be presented for adoption. Mr. McDaniel will be working with each Department to accomplish this objective. PUGET SOUND COUNCIL OF GOVERNMENTS A copy of the proposed Council of Governments agreement was given to each Council member at the last work session, and a copy has been filed with the City Clerk. It is recommended that the agreement be adopted. The City Attorney introduced Resolution No. 825 authorizing participation in an Interlocal Agreement estab- lishing the reconstructed Puget Sound Council of Governments. JUST MOVED for the adoption of Resolution No. 825, Carey seconded. Motion carried. COMMUNITY DEVELOPMENT A letter was read from Bernice Stern, Chairman, Planning & Community Development Committee, King County Council, enclosing a copy of a proposed Motion to be pre- sented to the County Council calling for State enabling legislation to allow cities, towns and the County to establish joint spheres of influence. The letter noted that because of problems created between County actions and that of the cities and towns of the County, it is felt that State legislation is required to establish the power of the cities and thereby transfer planning functions of the County to cities and towns. Comments on the proposed legislation were requested and a discussion by the Planning & Community Development Committee of the Council is scheduled for Monday, April 25, at 2:00 p.m. in the County Council Chambers, Room 402, King County Courthouse. MASTERS MOVED that the letter be referred to the committee of the whole, McCaughan seconded. Mayor Hogan noted that she would be attending the meeting and would report at the April 25 workshop meeting. Motion carried. HOUSING & COMMUNITY DEVELOPMENT Pedestrian Walkway and Graphics Project. At the last work session a proposal to have a graphic design painted on the east wall of the Bouldron Building which faces the Pacific National Bank was presented. As described at that time, the work would be done by high school students under the direction of Dave Christie. JUST MOVED that the City enter into a contract for the painting A2 of the mural, utilizing up to $2,000 of 1977 Housing & Community Development population money, Storment seconded. In response to McCaughan's question, Mayor Hogan noted that $2,000 has been allocated for this project, including a walkway as a mid-block connector. She noted further that a detailed budget for the project would be forthcoming. Motion carried. Tot Lot Improvement. Vanco Recreation, Inc. , the contractor for the tot lot improvement project, has completed the project and after review by the Parks & Recreation Department, acceptance is recommended. Accordingly, McCAUGHAN MOVED that the contract with Vanco Recreation, Inc. be accepted as complete and the retainage paid after receipt of the necessary releases from the State, Carey seconded. Motion carried. PARKS & RECREATION Lake Fenwick Water Quality. A proposal has been furnished to the Council mem- bers from Patricia L. Shiner concerning citizen involvement in the Lake Fenwick restoration project. It is recommended that a letter of support and endorsement be submitted. McCAUGHAN MOVED that a letter of support and endorsement to Metro for the proposal of Patricia L. Shiner, consultant, be submitted by the Mayor, Carey seconded. Johnson noted that she had discussed the proposal with Ms. Shiner at some length and felt that the project was a duplication of effort and a needless waste of money, since Kent has already adopted the Lake Fenwick Park Master Plan. It was determined for Masters that Ms. Shiner does receive funding from the University of Washington and Metro for the project, but there would be no cost to the City. Harris noted that the City's consultants do not seek citizen involvement, and that Metro is looking for pilot programs, which will include such involvement. He recommended in favor of this proposal, and it was determined that citizen involvement was necessary in obtaining some grant funds. Upon Masters' question, the Mayor determined that the Metro Water Quality Advisory Committee studied projects such as these and that Ms. Shiner would be attempting to contact those citizens who live in the vicinity of Lake Fenwick. Motion carried, with Masters and Johnson voting nay. BOARD OF PARK COMMISSIONERS Mayor Hogan noted that applications for membership on the Board of Park Com- missioners will be accepted through the end of April and it is anticipated that appointments will be made at the May 16 Council meeting. EAST HILL COMMUNITY HALL Storment questioned the use of the East Hill Community Hall since it has been red-tagged by the Fire Department. Street noted that the matter was being investigated. Mirk noted that the City now has clear title to the property and it can be torn down at any time. ANNEXATIONS Osborne No. 2. A notice of intention to commence annexation proceedings for this 56-acre annexation near 104th Avenue S.E. and S.E. 260th Street has been received and certified for signature sufficiency. McCAUGHAN MOVED that a meeting with the initiators be scheduled for 8:00 P.M. on April 25, 1977, Storment seconded. Motion carried. Franks. The notice of intention to commence annexation proceedings for the Franks annexation was presented at the April 4 Council meeting, and referred to the Public Works & Planning Committee. The proposal has been certified as to signature sufficiency. In accordance with the recommendation of the Committee, KITTO MOVED that a meeting with the initiators be held on April 25, 1977 at 8:00 o'clock p.m. Storment seconded. Motion carried. VARIANCE Nussli Property. On March 29, 1977, the Board of Adjustment approved a vari- ance for the Nussli property located at the northwest corner of Lincoln Avenue and Smith Street. This variance permits construction of a building within the front yard setback and eliminates front and south side yard landscaping requirements. It was noted that the variance was qranted on the basis of the applicant's willingness to landscape ten feet of the Smith Street right-of- way and fifteen feet of the Lincoln Avenue right-of-way. This landscaping of the public right-of-way can only be approved by the Council. Mrs. Nussli addressed the Council and presented a sketch of the proposed building and landscaping. She noted that it had been suggested that a portion of Smith Street may be vacated at some later date, and the Nusslis would then be per- mitted to purchase that portion of the landscaped right-of-way. MASTERS MOVED that the Nusslis be allowed to landscape ten (10) feet of the Smith Street right-of-way and fifteen (15) feet of the Lincoln Avenue right-of-way until such time as the City requires usage of the said right-of-way, Storment seconded. In response to Masters' question, Mrs. Nussli noted that they were in agreement with the terms of the variance and the requirements as to the landscaping. Motion carried. FEE SCHEUDULE Zoning, Subdivision & Recreational Vehicle Park Codes. On March 22, 1977, the Planning Commission recommended to the City Council that any mention of applica- tion fees in the Zoning Code, Subdivision Code and the Recreational Vehicle Park Code be omitted from these Codes, and that a fee schedule be adopted. These pro- posed changes require a public hearing, which was opened by the Mayor. There were no comments from the audience and no correspondence. McCAUGHAN MOVED that the hearing be closed, Johnson seconded. Motion carried. The City Attorney introduced Ordinance No. 2026, repealing Ordinance No. 2016, and creating a new fee schedule for all applications handled by the Planning Department, as follows: Rezones, General Variances, Conditional Uses, Combining Districts, Planned Unit Developments $ 75.00 Sign Variances 75.00 Short Plats 25.00 Subdivisions A. Preliminary 150.00 B. Final 1) Residential - $50.00 plus $5.00 per lot but not less than $100. 2) Industrial - $15.00 per acre but not less than $75.00 nor more than $400. Shoreline Permits 25.00 Environmental Impact Statements 300.00 MASTERS MOVED for the adoption of Ordinance No. 2026, Carey seconded. STORMENT MOVED to delete the portion of the ordinance setting the fee for sign variance applications. Motion FAILED for lack of a second. Motion to adopt Ordinance No. 2026 carried, with Storment voting nay. PLANNING COMMISSION In accordance with the request of the Planning Commission as presented by Chairman Holmer, the City Attorney has prepared an ordinance amending Sections 3 and 4 of Ordinance No. 1674 relating to terms of office and meetings of the Kent Planning Commission. Ordinance No. 2027 was introduced by the City Attorney, setting forth the amendments requested by the Planning Commission. KITTO MOVED that Ordinance No. 2027 be adopted, McCaughan seconded. Motion carried. In accordance with the terms of the Ordinance, the Mayor made the following appointments with the terms of office expiring as follows: Terms to Expire December 31, 1978 John Long Al Cole Marilyn Jones Terms to Expire December 31, 1979 Sam Edmondson Rosetta Jones Iry Hamilton Terms to Expire December 31, 1980 Harry Williams William Holmer Jon Johnson MASTER MOVED that the Mayor's appointments be confirmed, McCaughan seconded. Motion carried. CLAIMS Senior Citizens Bus Accident. It was noted that the City's insurance carrier reports that the claims of the senior citizens for injuries in the Senior Center bus were paid from the medical portion of the City's insurance policy. OLD CITY HALL SITE Mayor Hogan noted that the future plans for the old City Hall site would be dis- cussed at the workshop meeting of May 9, 1977. KING COUNTY CHARTER REVIEW COMMITTEE MASTERS MOVED that the report on the activities of the King County Charter Review Committee be deferred to the May 2nd Council meeting, Johnson seconded. Motion carried. PROCLAMATION Youth Week. A proclamation was presented by the Mayor urging all citizens to ob- serve the week of May 1, 1977 as Youth Week, during which time the Elks Club will pay tribute to America's Junior Citizens. KING COUNTY RAPE RELIEF The City Clerk noted that the Annual Report of King County Rape Relief covering the period of January 1, 1976 through December 31, 1976 as been received and is on file. Just suggested that a copy of the report be furnished to the Finance Committee. ASSOCIATION OF WASHINGTON CITIES Carey, Johnson and Masters were designated as Kent 's voting delegates to the Associ- ation of Washington Cities convention to be held in June. OUT OF STATE TRAVEL The City Clerk has requested authorization to attend the annual conference of the International Institute of Municipal Clerks in Kansas City May 23-26, for which funds have been budgeted. JOHNSON MOVED that attendance be authorized, Masters seconded. Motion carried. SHORT PLAT APPEAL General Investment Company Short Plat. John Vertrees, attorney for General Investment Company, has filed an appeal over the action of the Short Plat Committee at its March 17 and March 24, 1977 meetings. The public hearing on this appeal, scheduled for this meeting, was opened by the Mayor. Harris, the Short Plat Committee Chairman, noted that the letter was not specific as to which condition was the subject of the appeal. Minutes of the Committee meetings were distributed to the Council and have been made a part of the official record. Harris noted that the property in question is in the vicinity of S.E. 236th Place and 104th Avenue S.E. The Committee approved Short Subdivision Application #SP-77-12 for General Investment Co. with the following conditions: 1) Deed the westerly 20' of Lots 1, 2, 3 and 4 for street widening purposes. 2) Deed a 25' radius at the northwest corner of Lot 1. 3) Lots 1, 2 and 3 are not to have direct access to 104th Avenue S.E. John Vertrees addressed the Council, noting that he had not appeared at the Short Plat Committee meetings with the applicants. He referred to the 20' dedication of property and noted that he had discussed the matter with City Attorney Mirk. Vertrees spoke of the history of the property involved, noting when Pay 'n Save was built there were problems because General Investment Co. did not own the entire property and there was not sufficient room for parking spaces. Referring to Condition #3, he noted that there were four points of access from 104th Ave. S.E. to this property years ago when houses existed there. He noted that the proposed development was for three spearate bays of stores on three 60' lots. He agreed that 104th Ave. S.E. should be widened and should have been widened some years ago. He opined that if 20' were deeded to the City there would be a problem with square footage either for the stores or for parking. He sug- gested that the buildings could be set back so the highway can be widened without any problem of damage to property owners. Vertrees opined that as a technical matter, he could not understand that in order to get a Short Plat that the property owner should be required to give away foot- age from his property. He noted that extra footage was dedicated on S.E. 236th Place and that the property across the street has only a 24' right-of-way. He stated that the dedication outlined in Condition #1 was neither an equitable or legal request. He noted that if the dedication was made, the 20 feet should then be considered in the applicant's favor for building permit purposes. 4c� Vertrees referred to Condition #3 and stated that there was a need for an entrance someplace from 104th Avenue S.E. into this proposed business area. He submitted a map of the area showing points of ingress and egress. The map was accepted for the record by KITTO'S motion, seconded by Johnson and carried. Vertrees pointed out that the applicants should be granted at least one entrance between Pay 'N Save and S.E. 236th Place. He noted that the minutes of the Short Plat Committee meetings, which have been made a part of the record, state on page 2: "the applicants stated they could 'live' with the proposed restric- tions on the driveways (no access to Lots 2 and 3 off 104th Ave. S.E.) " He stated that the applicants took time to mean that some entry would be allowed them for Lot 1. Upon Just's question, Harris pointed out that the Committee had tried to prevent driveways from 104th Ave. S.E. into each of Lots 1, 2, 3 and 4. He recommended that if one access was to be allowed that it should be into Lot 3, as far from S.E. 236th as possible. He noted that there was already access into Lot 4. It was determined that there was access to the property from S.E. 236th Place. Ulett pointed out that when Pay 'N Save and Ernst Malmo were built, these same applicants agreed that no further accesses from 104th Ave. S.E. would be allowed. Ulett noted that no references to Condition #2 had been made by Vertrees. Upon Mayor Hogan's question, Mirk and Street determined that the Council had the option to deny the appeal or to instruct the Short Plat Committee to void the Plat without prejudice. Upon Johnson's question, it was determined that widening of 104th Avenue S.E. at this location was scheduled for 1980 in the 6-year program. Upon Masters' question, Vertrees explained that the three bays of stores could be leased by three land leases or building leases. Vertrees stated this was yet to be decided, depending on the economy. Mirk determined for Carey that the applicants were not entitled to credit on building permits for land dedicated for right-of-way. Upon Masters' question, Harris opined that the entrance to Lot 3 was a reasonable solution, noting, however, that he did not have knowledge of the prior agreement with the applicants referred to by Ulett. He noted that this was the third variance requested by the applicants for this location, the others having been for parking and for signs. Ulett stated that the problem really is whether or not a traffic signal will be put in at 104th Avenue S.E. and S.E. 236th Place. If such a signal is constructed, entrances off 104th Avenue S.E. in this vicinity should be as far south of S.E. 236th Place as possible to avoid having traffic backed up on 104th Avenue S.E. Vertrees stated that the applicants had no objection to Condition #2. Lou Peretti took exception to Ulett's reference to a prior agreement about entrances from 104th Avenue S.E. There were no further comments and McCAUGHAN MOVED to close the public hearing, Johnson seconded. Motion carried. STORMENT MOVED to deny the appeal with the exception that ingress and egress to Lot 3 will be granted, Johnson seconded. Motion carried. FINANCE Segregation Request - ULID #1. A segregation request has been received from Dale Hagen for the segregation of Assessment No. 416, ULID #1. All fees have been paid. JUST MOVED that the segregation request of Dale Hagen be approved and the City Attorney directed to prepare the necessary resolution, Masters seconded. Motion carried. KITTO MOVED that the bills received on or before April 20, 1977 and approved by the Finance Committee at its meeting to be held at 8:00 a.m. on April 29, 1977 be paid. Carey seconded. Motion carried. Claims approved by the Finance Committee at its meeting of April 15, 1977 are as follows: Current Expense $ 56,237.15 Parks & Recreation 12,624.08 Library 1,706.04 City Streets 14,630.12 Parks Forward Thrust 6,215.10 Federal Shared Revenue 45,219.94 Kent Commons Construction 3,590.85 Smith/Central to 4th 36,271.43 Central Ave. Signals 808.36 104th Ave. St. Improvement 100.00 Equipment Rental 7,959.46 Hsng & Comm Dvlpmnt 1,820.59 Firemens Rel & Pension 2,985.02 LEOFF Disability 2,325.68 Sewer 3,379.62 Water 15,095.62 Garbage 38,595.68 $249,474.74 Interest Bearing Warrants 104th Ave. St. Improvement M. & E.A. Sells $ 100.00 LID 280 Connie C. Smith 350.00 $ 450.00 MEETING ADJOURNED: 12:15 a.m. Respectfully submitted, Marie Jensen, CMC City Clerk