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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/16/1977 Kent, Washington May 16, 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: Fire Chief Foster, Planning Commissioners Cole, Johnson and Williams, and URS representative Ramsey. Approximately 45 people were in attendance at the meeting. MINUTES KITTO MOVED to approve the minutes of the meeting held May 2, 1977 as printed, Storment seconded. Motion carried. ZONING Lien Annexation. It was noted that the Planning Commission held a public hearing on April 26 to consider the initial zoning for the proposed Lien annexation. The proposal consists of approximately 60 acres between South 218th and South 212th and 92nd Avenue S. (extended) and 95th Avenue S. (extended) . The Planning Com- mission has recommended R1-20 zoning (Single Family Residential, with 20,000 square feet as the minimum lot size. ) In accordance with the Zoning Code, the City Council will hold two public hearings, thirty days apart. The first hearing is scheduled for this meeting and the second hearing is scheduled for June 20th. The public hearing was opened by Mayor Hogan. Harris described the area, noting that the recommended R1-20 zoning provided for approximately 1/2 acre, and further pointing out that the Johnston annexation in the same area had also recently been zoned R1-20. Art Lien noted that the reason for requesting annexation was to obtain sewers, and that they had expected that the" existing County zoning would continue to apply. He noted that under the County zoning, houses could be built and septic tanks could be installed. He asked that the Planning Com- mission recommendation not be approved, and that smaller lots be allowed. Jim Flick, a property owner in the proposed annexation, spoke in support of the R1-20 zoning, and read a letter written by Victor Bowser, dated April 25, addressed to the Planning Commission, supporting the concept of R1-20 zoning. A copy of the letter was given to the Clerk and has been made a part of the record. Vi Lien read a letter, a copy of which is on file with the Clerk. Mrs. Lien stated that the owners of most of the land were in favor of a higher density zoning than R1-20, and that the cost of sewers for 20,000 square foot lots would be prohibitive. She noted that the adjacent Westview Terrace development had smaller lots and that the residents there would also benefit from a sewer project in the area. Mrs. Lien referred to a petition, which has been filed with the Clerk. She noted that the eight signators owned over 60% of the property in the proposed annexation, and they objected to the R1-20 zoning classification. The petition notes that the high cost of sewer installation would make it econo- mically impossible to install sewers for such large lots. Further reference is made to the traffic congestion problem which would be generated on S. 218th. The signators suggest that most of the traffic would be on S. 212th which is a four-lane facility. Conrad Peterson noted that he has a letter on file, and then read it into the record, voicing his objections to the proposed R1-20 zoning. He stated that he owned 4.75 acres in the annexation and that it would cost $20-25,000 per acre to develop this hillside area. He pointed out that there are many homes in the area built on 12,000 square foot lots, or smaller. Harold James summarized the letter he has on file with the Clerk, noting his objection to the 20,000 square foot minimum lot size. He noted that the area already developed has an average lot size of approximately 11,000 square feet, and that the Planning Department had recommended 12,000 square foot lots. He further pointed out that the sewer project would have to be financed entirely by the property owners, so smaller lots would allow distribution of the cost. He stated that although the Johnston annexation was zoned R1-20, the cost of their sewer trunk was borne by Metro. Norberto Caoili commented that smaller lots would allow more homes and thus create traffic congestion on S. 212th, a steep, already highly travelled road. Charles Mays stated that the environment of the area should be taken into con- sideration when considering the initial zoning and spoke in favor of a green belt. He commented that the R1-20 zoning was more appropriate, particularly considering the slope. Jim Flick stated that he owned a lot within the proposed annexation, and that the area would not perc so septic tanks under the County zoning would not be possible. He stated that he was in favor of the larger lot requirement. Mrs. Lien noted that for owners of more than a few lots, the cost of the sewer lines would be prohibitive if R1-20 zoning was approved. She stated that a per- colation test had never been made on her property. There were no further comments from the audience and KITTO MOVED to have the peti- tion and all letters mentioned previously officially filed for the record. Stor- ment seconded. Motion passed. Upon questions from the Council, Ulett determined that there was as yet no de- tailed plan for street connection with S. 212th, that the costs of sewers would be borne entirely by the property owners. Harris noted that streets were not fully developed. Upon Kitto's question, Harris noted that the Planning Department's recommendation was for at least 12,000 square feet, but that he favored the 20,000 square foot requirement as recommended by the Commission. McCaughan suggested that the smaller lot sizes could be allowed and those who wished could build a home using two or three lots. Ulett determined that the minimum lot size for a single family dwelling in Kent is 7,200 square feet. Ulett stated that the steeper the contour, the larger the lot requirement should be, although he acknowledged that he had seen small lots in steep areas where it had been costly to build a home. McCaughan opined that the City had allowed development to take place and had im- proved roads after the fact. Upon Johnson's question, Ulett determined that Westview Terrace could be served by the same sewer to be built for the Lien annexation, on a late-comer arrangement. It was determined for Masters that some of the homes in the proposed annexation had City water service, but that the ma- jority were served by wells. Masters noted that at the Planning Commission hear- ing approximately 14 citizens spoke in favor of 20,000 square foot lots and about 6 were in favor of 12,000 square foot lots. There were no further comments and STORMENT MOVED to continue the hearing to June 20, Carey seconded. Motion carried. REZONE Peterson. On April 26, a public hearing was held by the Planning Commission on the request of Terry and Roberta Peterson to rezone property located at 120 Kensington Avenue from R-1 (Single Family Residential) to MR-G (Garden Density Multi-Family Residential) . Harris pointed out the location of the requested rezone, noting that it encompassed approximately two acres, surrounded by single family dwellings. Harris noted that the Planning Commission recommended denial of the proposed rezone in this area which is designated on the Comprehensive Plan as Residence, Low Density. He noted that the Peterson development plan calls for 16 units per acre. The public hearing was opened by the Mayor. In response to Masters' question as to whether the Petersons owned the property at the time they made applica- tion for the rezone, or whether it was being purchased contingent upon the re- zone being granted, Harris commented that he was not certain but that it appeared the Petersons owned the property. There was no correspondence and no comments from the audience. STORMENT MOVED thatthe hearing be closed, Carey seconded. Motion carried. JOHNSON MOVED that the recommendation of the Planning Commission be accepted and the request denied, McCaughan seconded. Motion carried. Kent West Associates. On April 26, 1977, the Planning Commission held a public hearing on an application filed by Kent West Associates for a rezone from GC, General Commercial, to MR-M, Medium Density Multi-Family Residential, on approx- imately 17 acres located at the southeast corner of the intersection of West James Street and 64th Avenue South. Harris pointed out the location of the proposed rezone on the map, noting that the site was north of the Ridge View Apartments, and that the area adjacent had been developed with new apartment buildings and further, that the purpose of the rezone request was to develop an additional area. The public hearing was opened by the Mayor. Robert G. Keever noted that he was in attendance on behalf of Kent West Associates to answer any questions. It was noted that the Planning Department has recommended approval of the rezone subject to the following conditions: ,j u s 1) A storm drainage plan designed in accordance with King County Ordinance 2281 be approved by the Kent Public Works Department. 2) Said drainage plan shall include provision for seven day on-site detention of storm water. The Planning Department recommendation was based on the following findings: 1) The MR-M zoning would be consistent with both the Comprehensive Plan and past zoning decisions for other properties in the area. 2) The subject property is adjacent to existing residential uses. 3) At the present time there is no over-all drainage plan for this area. In response to Kitto's question, Harris stated that storm water drainage pro- blems would have to be worked out with the Public Works Department, and that this comment was also noted at the Planning Commission hearing. Responding to Storment's question, Harris noted that the amount of fill required was negligible. There were no further comments and no correspondence has been received. JOHNSON MOVED that the hearing be closed, Just seconded. Motion carried. JUST MOVED that the City Attorney be directed to prepare an ordinance amending the Zoning Code to approve the rezone in accordance with the recommendation of the Planning Commission, including the conditions, Storment seconded. Motion carried. Fisker. On April 26, the Planning Commission held a public hearing on an appli- cation filed by Effie Fisker for a rezone from R-1, Single Family Residential, to "0", Professional and Office District, on property located on the south side of S. 218th Street, east of the Valley Freeway (SR 167) . The public hearing was opened by the Mayor. The location of the proposed rezone was pointed out by Harris, who noted that the proposed development is for a racquet club facility with offices above it. Harris noted that the only zoning classification for this facility would be in a commercial zone. He noted that "0" zoning was being re- quested because offices would be placed above the proposed racquet club facility. Harris noted that the Planning Department recommended denial of the application, based on the following findings: 1) The subject property is surrounded by low density single-family residential zoning and development on the north, east and south. 2) The proposed rezone is inconsistent with the Comprehensive Plan. 3) There is no need or reason to establish an Office District along the slope of East Hill. 4) Although private recreation is a desirable goal, the office district zoning is not set up to handle inside sports activities. McCaughan asked if the applicant might apply for a rezone to Commercial and Harris opined that this area would probably not be approved for Commercial zoning. Harris noted for Mayor Hogan that there was a gravel mining operation in the area, which operation the Planning Department had recommended denial for, and which the Coun- cil had allowed. He noted that a four lot short subdivision was recently approved for the area. Masters questioned whether any commercial type of development would be possible because of access problems to this area. Harris opined that there was commercial land in the Valley that is presently undeveloped and that the area under consideration was residential and should be maintained that way. He noted that the roads were not adequate in that area to handle a commercial development. He also opined that the idea of the proposed racquet club was a good one but that it should be in another area. There were no further comments and no correspondence. STORMENT MOVED that the hearing be closed, Carey seconded. Motion carried. McCAUGHAN MOVED that the recommendation of the Planning Commission be accepted and the request denied, Carey seconded. Motion carried. ANNEXATIONS Park-Mar. In accordance with the recommendation of Public Works Director Ulett, JOHNSON MOVED to accept the 10% Park-Mar Notice of Intent to Annex and that a meeting with the initiators be held on May 23, 1977 at 7:30 p.m. , Kitto seconded. Ulett clarified that the annexation petition covers the Ofteness property. Motion carried. s' Gai Annexation #2. In accordance with the results of the meeting with the pro- ponents on May 9, JOHNSON MOVED that the proposed Gai Annexation #2 is acceptable, that the assumption of existing City indebtedness is required, and that authori- zation is granted for the circulation of an annexation petition. Just seconded. Motion carried. Williamson. On November 15, 1976, the Council agreed to accept the Notice of Intent for the Williamson annexation area, noted that the proposed annexation area is acceptable, and authorized circulation of a 75% petition, provided that the area would assume the existing City indebtedness. The 75% petition has now been received, verified and filed with the City Clerk. It was noted that the area is located near 100th Avenue S.E. and its intersection with James Street. MASTERS MOVED that the 75% Williamson annexation petition be accepted and a Notice of Intent to annex be filed with the King County Boundary Review Board, Just seconded. Motion carried. HEALTH & SANITATION Request for Sewer Service. At the last Public Works Committee meeting, the Director of Public Works was directed to notify John Richards that it would be necessary for him to annex in order to receive sewer service. An annexation petition has been sent to Mr. Richards. LID 282 - K-Mart Sewers. The City Attorney introduced Ordinance No. 2030, creating LID 282 for the construction and installation of a 12 inch sanitary sewer in the West Valley Highway and Willis Street area of Kent. MASTERS MOVED that Ordinance No. 2030 be adopted, Johnson seconded. In response to McCaughan's question, Mirk noted that no opposition was received to the formation of the LID. Motion carried. Kenton Firs. It was noted that a new developer has taken over the mobile home park development of Kenton Firs and he has furnished a $500 cash bond to the City. In accordance with the recommendations of the Engineering Department, McCAUGHAN MOVED that the original $500 cash bond furnished by Lundberg Construction Co. for the Kenton Firs sewer extension be released, Carey seconded. Motion carried. Cascade Sewer District. A letter was read from Cascade Sewer District noting that the residents of the Springbrook (Panther Lake) area north of S.E. 208th Street and east of SR 167 have been circulating petitions for the formation of ULIDs for sewer service. To service this area, the construction of the Springbrook Interceptor is necessary, a portion of which main crosses areas that are to be served by Kent. The letter requested that the City and the Sewer District join together on this pro- ject, as they have done in the past, to avoid duplication of effort. An equitable cost sharing arrangement would be worked out, determined by use of the line, areas to be benefitted, need, or a combination of these factors. STORMENT MOVED that re- ceipt of the letter be noted and the letter referred to the Public Works & Planning Committee, Carey seconded. In response to Johnson's question, Ulett noted that the proposed interceptor would be in the vicinity south of S. 180th and between the East Valley Highway and Valley Freeway. He noted their line would come down S.E. 208th and the City would be involved in the portion between S. 192nd & S. 180th. Motion carried. PROPOSED LID A petition has been received requesting the formation of an LID for sanitary sewers, water mains and street improvements, including the construction of left-turn lanes in the area south of S. 212th Street, west of the Milwaukee Railroad, north of Puget Power's O'Brien sub-station, and east of West Valley Highway. KITTO MOVED that receipt of the petition be recorded and the Public Works Department investigate the proposed project. Storment seconded. Motion carried. STREETS Second Avenue Street Improvement Project. In connection with the 2nd Avenue street improvement project the overhead electrical distribution system will be converted to underground. The Engineering Department has requested that the Mayor be given the necessary authorization to sign a formal contract with Puget Power, noting that the cost to the City falls within the anticipated budgeted amount. Accord- ingly, KITTO MOVED for the Mayor to be so authorized. Motion carried, with Carey abstaining. TRAFFIC CONTROL Parking Fines. City Attorney Mirk reported he had reviewed the City's Ordinances and the overtime parking would come under the kneading of a simple misdemeanor. He noted that the maximum fine for such a misdemeanor could be up to $250 and it would be up to the Court to impose the fine. He pointed out the bail schedule for over- time parking could be set at $5, which could then be forfeited. STORMENT MOVED for such an ordinance to be prepared, Johnson seconded. McCaughan noted that he had checked the fine for overtime parking violations in surrounding cities and towns and most were not as much as the one proposed by Kent. Mirk determined that the $5 fee could be lowered later if the Council decided that it was too high. He noted further that it cost the City $4 to file each case. In response to Storment's question, Mirk noted that the 2 hour parking zones are posted. Motion carried. WATER Milosevich Water Line. Marvin L. Milosevich has constructed approximately 110 l.f. of 6" water main on North 3rd Avenue in the vicinity of S. 234th Street. All construction has now been accomplished in such a manner that the line is now ready for acceptance. McCAUGHAN MOVED that the Bill of Sale for the water line installed on North 3rd Avenue in the vicinity of S. 234th Street be accepted and that the $500 cash bond be released upon payment of any outstanding City charges against the project. Kitto seconded. Motion carried. 201 WASTE WATER PLAN Street reported that at the May 23 workshop meeting a presentation would be given explaining the City of Kent 201 Waste Water Plan as prepared by Hill, Ingman & Chase. He noted that a public hearing would be held on the Plan on June 6. FLOOD CONTROL West Side Green River Project. A letter was read from Galen Bridge answering the Mayor's letter to the Soil Conservation Service regarding suspension of the West Side Green River Project. The letter noted that the West Side Green River Project as presently formulated did not meet sponsor and public acceptance and would require a complete reformulation which would take 2 to 3 years of staff time. It was further pointed out that a concentrated effort was being made to move ahead on the East Side Green River Project, with the possibility that as this project is built, the problems on the West Side might be resolved also. MASTERS MOVED that the letter be made a part of the record, Carey seconded. Motion carried. PARKS & RECREATION Lake Fenwick Water Quality. A memo was read from Patricia L. Shiner, UW Consul- tant, Division of Community and Organization Development, noting that Lake Fen- wick has been approved by Metro's Water Quality Committee for inclusion in the University of Washington's project "Citizen Involvement in the Resolution of Water Quality Problems. " The letter asks for the Mayor and Council to appoint a committee by the end of the month to focus attention on the study and the water quality problems of Lake Fenwick. MASTERS MOVED that the memo be made a part of the record and referred to the Mayor for appropriate handling, Just seconded. Motion carried. PARK BOARD Mayor Hogan noted for Masters that the matter of appointments to the Park Board will be considered at the workshop of May 23, with appointments to be made at the June 6 Council meeting. KENT COMMONS It was noted that the bids for Kent Commons will be opened on May 27, 1977. Soroptomist Club of Kent. A letter was read from the Soroptimist Club of Kent requesting an opportunity to host the open house dedication of the new Kent Commons facility upon its completion, and noted that the Club has chosen for its 1977-78 community service project the furnishing of the Kent Commons recep- tion area. STORMENT MOVED that the letter be made a part of the record, Carey seconded. Motion carried. Cambridge Women's Club. A letter was read from the Cambridge Women's Club re- questing the opportunity to host the champagne party for the grand opening of the Kent Commons in the Fall. The letter also noted that one of the new com- munity projects of the Club for the coming year was to assist the Kent Police Department and Chief Skewes in whatever way possible. MASTERS MOVED that the letter be made a matter of record, Storment seconded. Motion carried. POLICE & FIRE Valley-Com - Medic 1. A copy of the letter sent by Mayor Hogan to William E. Murray, Administrator of Valley General Hospital, regarding the dispatch require- ments of Medic-1 was read by the Clerk. The letter noted that Valley-Com will be willing to provide the communications and dispatching services for the Medic-1 Unit with the following provisions: 1) All the necessary radio equipment required by the Medic-1 Program in addi- tion to that now being planned for Valley-Com will be provided by your agency. 2) Maintenance of this equipment be provided for by radio technicians chosen by the Valley-Com Operations Board. 3) Cost for maintaining all radio equipment pertaining to Medic-1 be the re- sponsibility of Medic-1 Program. 4) Under this agreement Medic-1 agrees to utilize an existing Valley-Com Fire frequency for its communciations needs. 5) This agreement will be in effect from September 1, 1977, through December 31, 1977, at which time a new agreement will be negotiated. 6) Cost to the Medic-1 Program for the dispatch service for September 1, 1977, through December 31, 1977, will be Eleven Thousand Five Hundred Dollars ($11,500.00) . MASTERS MOVED that the letter be made a part of the record, Just seconded. Motion carried. Mayor Hogan noted that the letter was in response to Mr. Murray's re- quest at a meeting held on May 9, 1977. FIRE DEPARTMENT Bids - Hose. The following hose bids were received by the Fire Department on May 10, 1977: Company Size Per Ft. Alden Equipment 1 3/4" Hose $1.14 + tax 3 1/2" Hose $3. 34 + tax Pierce Fire Apparatus, Inc. 1 3/4" Hose $1.25 + tax 3 1/2" Hose $3.74 + tax L. N. Curtis & Sons 1 3/4" Hose $1.34 + tax 3 1/2" Hose $3.74 + tax American Rubber 1 3/4" Hose $1.54 + tax 3 1/2" Hose $4.10 + tax In accordance with the recommendation of the Fire Department, KITTO MOVED that the best bid of Alden Equipment be accepted, and that 1800 feet of 1 3/4" hose and 1500 feet of 3 1/2" hose be ordered, Storment seconded. Motion carried.. FM Radio Receivers Bid. Only one bid was received on May 10, 1977 for FM Radio Receivers for receiving alarms, said bid being from Alden Equipment as follows: 43 Receivers as specified with 2 tone Code at $133.20 $5,728.00 13 Receivers as specified with 3 tone Code at $147.60 1,920.00 20 Option B (a) Conversions at $22.41 448.00 2 Option D Pagers at $266.40 533.00 $9,095.00 LESS Trade for 40 receivers at $20 ` 800.00 TOTAL $8,295.00 STORMENT MOVED that the best bid of Alden Equipment Co. be accepted in the amount of $8,295.00 including tax and trade-in. Johnson seconded. In response to questions, Foster noted that no State bids were available on the receivers. He further explained that the Valley-Com system required changing all receivers and it was cheaper to purchase new receivers than to attempt to convert the old ones. He noted that the receivers which the City now has would be phased out by the Federal Government within the next five years. Motion carried. Bids_ - Door Openers for Fire Stations. One bid was received on May 10, 1977 for station door openers and closers as follows : Stanley Garage Door Company Station #1 4 Doors $2,180.00 Station #3 1 Door 525.00 Station #6 1 Door -525.00 State Sales Tax 174.42 $3,404.42 t It was noted that the bid includes installation and that the Fire Department will bring a convenience outlet to the location of the equipment. STORMENT MOVED that the best bid of Stanley Garage Door Company be accepted, Carey seconded. Motion carried. SALE OF SURPLUS EQUIPMENT Fire Department. Three bids were received to purchase the 1957 Ford Howard Cooper Pumper from the Fire Department as follows: 1) San Juan Co. Fire District #2 $9,875.00 2) Snoqualmie Pass Fire Dept. 8,500.00 3) Mason Co. Fire Dist. #5 8,127.00 Two bids were received on the 1965 Circul-Air Fire Hose Dryer as follows: 1) Snoqualmie Pass Fire Dept. $ 100.00 2) Mason Co. Fire Dist. #1 25.55 In accordance with the recommendations of Chief Foster, McCAUGHAN MOVED to accept the best bid of San Juan County Fire District #2 in the amount of $9,875.00 for the pumper and to accept the best bid of Snoqualmie Pass Fire Department in the amount of $100 for the Hose Dryer, Carey seconded. Motion carried. Equipment Rental. On May 10, 1977, an advertised sale of a 1974 Dodge police car failed to attract a single bid. In accordance with the recommendations of administration, KITTO MOVED that this car be held to be sold at the Equipment Rental auction in August or September, Johnson seconded. Motion carried. CLAIMS Eugene Donnally. A claim has been received from Eugene Donnally for alleged damages sustained through the City's suspension of a building permit. JUST MOVED that the claim be referred to the City Attorney for determination, Stor- ment seconded. Mirk explained that the permit was issued for a residence in Green Valley Heights #5, but it was then determined that the proposed structure did not conform to the hillside view restrictions. Donnally then applied to the Board of Adjustment for a variance but determined that he could not accept the conditions set by that body. Mirk noted that he had investigated the matter and was of the opinion that the City was not liable for any damages, except perhaps for $70 to cover the start of grading the site. Motion carried. EAST HILL HARDWARE A request has been received from the owners of East Hill Hardware for permission to construct a cover roof over a pedestrian walkway which crosses a public alley. It was determined that the matter had been checked with the Fire Department, Traffic Engineer and General Disposal and it is recommended that approval be given, providing a clearance of 15 feet is maintained. STORMENT MOVED that the Building Department be authorized to issue a permit providing the clearance of 15 feet is maintained, Carey seconded. In response to McCaughan's question, the owners pointed out that the covered walkway was to connect a new building with the existing hardware store. Motion carried. COMMUNITY DEVELOPMENT Sphere of Interest. MASTERS MOVED for the Council to support a request for the County to share with and accept comments from Kent on proposed new developments within Kent's "sphere of interest. " Storment seconded. Masters explained that the purpose of the motion was to serve as an interim measure while the Puget Sound Council of Governments subregional committee is exploring and considering adoption of a "regional sphere of interest" proposal. She noted further that it was hoped that this exchange would help to eliminate substandard developments within future annexations and end citizen frustration with different codes and standards for development. Street stated that we are now receiving items from the County and that he would check and report back as to whether all pertinent material is being exchanged between the County and the City. Motion carried. PEST CONTROL Caterpillars. Storment noted that at the last work session a discussion had been held regarding the caterpillar problem and the fact that many senior citizens were financially unable to pay the cost of having their trees sprayed. STORMENT MOVED that the City contract for the spraying of trees for caterpillars at a material cost basis for those seniors financially unable to do so, Carey seconded. In response to Just's question, Storment noted that it would be the responsibility of the Finance Committee to determine which citizens were eligible for such assis- tance and how the project would be financed. Masters suggested that Storment should offer a recommendation along with his motion. Just commented that he would vote against the motion since no suggestions had been given as to how the project could be accomplished or financed. Storment commented that he was aware of the opposition to his suggestion but wished the matter to go to a vote of the Council. Motion failed, with only Storment voting in favor. PERSONNEL Three relatives of City employees, who have worked as part-time help in past summers, are applying for positions this summer. The Finance Committee has re- viewed these requests and recommends approval. JUST MOVED that Lloyd and Mike Wallace and Douglas Wilson be authorized to work for the City during the summer of 1977, Johnson seconded. In response to Storment's question, it was determined that the Finance Committee had considered these requests about three weeks ago. Motion carried. GAMBLING TAX Midway Tavern. A letter was read from Robert F. Trautman, owner of the Midway Tavern, regarding the penalty time frame on gambling tax in the City. Trautman suggested that Section 5 of the covering ordinance should be changed to read "Taxes due by 15th of month will be assessed a 10% penalty if not paid before the 1st of the following month. " Trautman asked that the Council give consider- ation to his recommendation and that his penalty be waived. MASTERS MOVED that receipt of the letter be noted and the letter referred to the Finance Committee, Storment seconded. Motion carried. MOBILE HOME PARK COMBINING DISTRICT Holowach. On April 26, 1977, the Planning Commission concluded its hearing on the request of Peter Holowach for a Mobile Home Park Combining District to allow a 424 unit mobile home park on a 70-acre parcel north of S. 212th, east of the Orillia Road and west of the Frager Road, in an RA, Residential/Agricultural, zone. The Planning Commission has recommended that the application be denied. MASTERS MOVED for the matter to be returned to the Planning Commission for speci- fic reasons for the denial, or for establishment of standards or criteria for possible alternative development of the site, Storment seconded. Mayor Hogan noted that a public hearing is scheduled for this meeting and called upon the City Attorney for advice on the proper procedure. Mirk stated that the Planning Commission had considered this matter four times already, and were of the opinion that the applicant had not adequately addressed the matter of the drainage problem. He suggested that the Council could ask for a letter of clarification from the Planning Commission Chairman, but recommended against having the Planning Com- mission actually reconsider the application. Masters maintained that the Council was expected to act on the Planning Commission recommendation and was therefore entitled to seek additional information from the Planning Commission if they felt the background information was inadequate. Harris noted that it was not the func- tion of the Planning Commission to establish standards for any alternative develop- ment. Mirk suggested that the hearing scheduled for tonight should be continued, and the Planning Commission could be asked to give written clarification on the reasons for denial. Harris stated that the Planning Commission could discuss the matter and have a report to the Council for the June 6 meeting. Kitto sug- gested that those in attendance be heard tonight. Masters stated that clarifica- tion should be received from the Planning Commission before input from the audi- ence is given. Johnson and McCaughan agreed that clarification was needed, and McCaughan also agreed with Kitto that input from the public should be received tonight. Mayor Hogan ruled Masters ' motion out of order and opened the public hearing. Harris described the property and noted that the final Environmental Impact State- ment had been distributed. He noted that the matter had been continued through four Planning Commission meetings and that during this time the Soil Conservation Ser- vice had abandoned the West Side drainage project. He noted that the holding ponds proposed by the developer were inadequate, that the park would house about 1,000 people, and pointed out that there were no sewers in the area. Harris stated that these were the reasons for the Planning Commission's recommendation to deny the application. He noted further that this was a difficult parcel to develop because of the drainage problems and that the area was currently zoned for one dwelling per acre. Robert Boyd, representing Peter Holowach, the applicant, complimented Harris on his presentation and on the quality of the Environmental Impact Statement:. He noted the plans for an 84' wide street to be known as South Center Parkway, and stated that it was planned to bring high capacity water and sewer lines across the S. 212th Street bridge, past the Frager Road and into the develop- ment. These lines would be large enough to serve adjacent areas as well as the proposed park. Boyd stated that the intersection of S. 212th and Frager Road was a traffic hazard and that plans were underway to develop holding, turning and merging lanes on S. 212th, so that use of Frager Road for access to the park would be discouraged. Boyd noted that the lots would be large enough to accommodate double wide mobile homes. With regard to the elevation of the site, Mr. Boyd noted that there was a difference of opinion between the Army Corps of Engineers and the National Flood Insurance Agency, and that the applicant was still waiting to have this clarified. He noted that the Corp of Engineers, through the Howard Hansen Dam, controls the amount of water in the River. He pointed out that the applicant proposed to install pumps having the capacity of pumping 80' per second for the holding ponds. Referring to the Environmental Impact Statement, Mr. Boyd stated that the area is already overgrazed, and that the reference to wildlife was not significant. He expressed the desire of the applicant to work out the problems with the City, County, State and Federal agencies. He pointed out that the park is as good as or better than those already existing in the City. Tom O'Connell, property owner in the area, noted that the area was annexed in 1968, and that the need for sewers was the reason for annexing. He pointed out that the original zoning proposed for the area was R-4 which is higher density than MPH zoning. Harris noted that the area was never actually zoned R-4. O'Connell noted that South Center and the Boeing site were both successfully filled. He noted that no one was farming in the area anymore. He pointed out that he was in favor of the park, and opined that it would be an asset to the City. Chris Palzer stated that he also had understood that the property was zoned R-4 after the annexation, and that he was in favor of the park. Richard Omlid stated that he lived adjacent to the park site and at the time of annexation a world trade center was proposed for the area. He noted that his property was zoned RA and felt sure that the park residents would not be pleased to have his cows and pigs right next to them, and that eventually he would be forced to discontinue his way of life if the park became a reality. Upon McCaughan's question, Harris explained the history of the area known as the Kaltenbach Annexation in 1968. Although portions of the annexation were recommended for R-3 and R-4 zoning, no ordinance was ever enacted to so zone these portions. The Voogt portion of the annexation was zoned R-3 Contract zoning, but this area is not part of the proposed mobile home park. Harris noted that when the entire City was rezoned in 1973, the site under considera- tion tonight was still zoned RA, and remained so under the new Zoning Code adopted in 1973. Palzer stated that he thought his property was zoned R-4 right from the beginning, and that he had signed the necessary papers for the contract zoning. There were no further comments, and STORMENT MOVED to continue the hearing to June 6, and to refer the matter to the Planning Commission for clarification as to the reasons for recommending denial of the application. McCaughan seconded. Motion carried. REZONE Peter Holowach. On April 26, 1977, the Planning Commission held a public hear- ing on an application filed by Peter Holowach for a rezone from R-A, Residential Agricultrual, to CC, Community Commerical, on a 5-acre tract situated along the north side of S. 212th St. at approximately 46th Avenue S. (extended) . The Planning Commission recommended that the application be denied. The public hearing was opened by the Mayor. MASTERS MOVED that the public hearing on the rezone application be continued to June 6, 1977, Carey seconded. Motion carried. FINANCE KITTO MOVED that the bills received on or before May 20, 1977 and approved by the Finance Committee at its meeting to be held at 8:00 a.m. on May 31, 1977 be paid, Storment seconded. Motion carried. Claims approved by the Finance Committee at its meeting on May 13, 1977, are as follows: Current Expense $ 19,541.22 Parks & Recreation 7,858.42 Library 1,337.48 City Streets 7,149.16 Alcoholic Rehabilitation 979.05 Federal Shared Revenue 14,775.15 Kent Commons Construction 2,393.90 Smith - Central to 4th 21,673.47 So. 180th/WVH to EVH 57.24 124th/WD 111 Reservoir 811.93 Equipment Rental 4,558.43 Housing & Community Development 1,357.98 Arts Commission 119.42 Firemans Relief & Pension 31.60 Leoff Disability 1,738.92 Sewer 705.25 Water 11,301.49 Garbage 39,573.85 $135,963.96 MEETING ADJOURNED: 10:30 o'clock p.m. Respectfully submitted, � 1 Marie Jensen, CMC City Clerk