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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/03/1977 Kent, Washington October 3, 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, Planning Director Harris, Public Works Director Ulett and Finance Director Winkle. City Attorney Mirk was absent from the meeting. Also present: Planning Commissioner Johnson and URS representatives Ramsey and Abed. Approximately 40 people were in attendance at the meeting. MINUTES KITTO MOVED to approve the minutes of the Council meeting of September 19, 1977 and the special meeting of September 26, 1977, Just seconded. Motion carried. HEALTH & SANITATION Upper Mill Creek Detention Basin. The City Administrator introduced Ordinance No. 2056 providing for the condemnation and acquisition of certain land in King County for the purpose of providing for retention and holding ponds as an integral part of the storm and surface water drainage system of the City of Kent, and pro- viding for the payment of said land, in connection with the Upper Mill Creek Dentention Basin. Street noted that a similar ordinance had been passed some time ago, which provided for payment of the land condemned by the utilization of Federal Revenue Sharing funds and other City funds. He noted that State law now refers to the use of "General Funds" for payment for such condemnations and at the time of the condemnation trial proceedings, the Judge determined that the previous City of Kent ordinance does not specify usage of the proper funds and therefore requested that the ordinance be changed. Accordingly, CAREY MOVED for the adoption of Ordinance No. 2056, Just seconded. Motion carried. Sewer Service - Cascade Sewer District. A letter has been received from Mr. Roy Beery who owns property in the vicinity of S.E. 212th Street and 106th Avenue S.E. outside of Kent but within the Kent sewer franchise area. Mr. Beery has asked permission to obtain sewer service from Cascade Sewer District which has sewer lines in the vicinity. In accordance with the recommendation of the Public Works Committee, JOHNSON MOVED that Lots A, B, and C in the Roy Beery Short Plat at S.E. 212th Street and 106th S.E. be granted Kent's permission for service from the Cascade Sewer District, Carey seconded. Motion carried. STREETS Railroad Crossing on Smith Street. In response to McCaughan's question, Ulett noted that there was a possibility that work on the Smith Street crossing would be held up because of the Christmas traffic. He noted that we still do not have State approval to close the crossing for the completion of the street project and at this time it does not appear that work on the street could be started before the middle of November. Some downtown merchants have opposed such a plan during the pre-Christmas season. McCaughan noted that t�h ere were no traffic problems when the stop signs were placed at the crossing and that he wanted to carefully consider the matter before such a delay was decided upon. Ulett stated that he would have a report for the Council as soon as approval was received from the State. RAILROAD CROSSINGS Burlington-Northern Railroad Co. The City Administrator introduced Ordinance No. 2054 granting to the Burlington-Northern Railroad Co. the right to construct, maintain and operate a spur track upon and across 80th Place South and 84th Ave. So. (East Valley Highway) . JUST MOVED for the adoption of Ordinance No. 2054, Carey seconded. Motion carried. West Valley Highway. The City Administrator introduced Ordinance No. 2055, repealing a portion of Ordinance No. 1491, to remove the existing time restric- tion for the franchise granted by said Ordinance No. 1491 for the rail crossing of West Valley Highway. CAREY MOVED that Ordinance No. 2055 be adopted, Just seconded. Motion carried. TRAFFIC CONTROL Lazzarini Complaint. A letter was read from George and Hazel Lazzarini regard- ing their recent complaints about the driveway situation on their James Street property and the City's response to the problem. MASTERS MOVED that the letter be accepted and referred to the Public Works Committee, Just seconded. Mayor Hogan noted that there were several inaccurate statements in the letter and Street stated that Mr. Lazzarini had declined an invitation to attend the Council meeting. Kitto noted that he would vote against referring the matter back to the Public Works Committee since he felt the matter had been discussed thoroughly already. Motion failed, with Johnson, Just, Kitto and McCaughan voting against. MASTERS MOVED to accept the letter for the record, Kitto seconded. Motion carried. Meeker Street Parking. A letter was read from the Kent Development Association noting that its Board members had voted to continue for another year's trial basis the Meeker Street angle parking arrangement. The letter noted that the angle parking arrangement was paid for 50o by the adjacent property owners and 50% by the City and that the KDA membership would like to see the remaining landscaped islands installed and maintained by the City. MASTERS MOVED that the letter be accepted and referred to the Public Works Committee, Storment seconded. Mayor Hogan noted that she had received some telephone calls in favor of returning to parallel parking on Meeker Street. Motion carried. STREETS Variable Gas Tax. Mayor Hogan noted that Initiative 348, scheduled for the Novem- ber ballot, would repeal the variable gas tax and that groups were being formed to oppose the measure. She introduced Resolution No. 831 urging citizens to vote against Initiative 348 and noted the effect that repeal of the variable gas tax will have on the street and highway system within the City. In response to McCaughan's question, she noted that the City Attorney had determined that passage of a Resolution urging citizens to vote "No" on Initiative 348 was approp- riate. Street stated that loss of the variable gas tax will have a great effect on the City's budget for maintenance and operation costs for streets, as well as the arterial street program. Just concurred. MASTERS MOVED for the adoption of Resolution No. 831, Just seconded. Motion carried. WATER W.D. 111/Kent Joint 124th Ave. S.E. Water Reservoir Project. Bids on the construc- tion of the 3.5 million gallon water reservoir on 124th Avenue S.E. were opened on September 30. Two bids were received on Schedule A for construction of the reservoir as follows: Chicago Bridge & Iron Co. $537,310.00 Pittsburg-Des Moines Steel Co. 545,955.00 Four bids were received on Schedule B for the fittings for the reservoir as follows: DiOrio Construction $ 56,400.00 Paul Snyder Construction 74,802.80 Bert Robison Construction 84,059.00 Sheldrup Construction 98,670.00 It was noted that a letter was received today from DiOrio Construction declaring an error in their bid in Item 10 of Schedule B of the project. Upon the recommendation of the City Administrator, MASTERS MOVED that the best bid for Schedule A of Chicago Bridge & Iron Co. be submitted for approval by the Depart- ment of Social & Health Services and the Directors of Water District No. 111, and that the bid for Schedule B be held over for two weeks so it can be checked out to see if there is an error in item 10. Carey seconded. Street noted that the City could not negotiate with the apparent low bidder and that if there is an error, the bids will have to be rejected and a recall issued. In response to Just's question, it was determined that the engineer's estimate was $538,000. Motion carried. Street noted that a report would be made at the next Council meeting regarding Schedule B. Andreola Easement. It was noted that it is necessary for the City to obtain a water line easement across the Ildo Andreola property near S.E. 244th Street and 100th Avenue S.E. outside of Kent. Mr. Andreola has asked for assurance of future water availability for the property. The Public Works Committee recommends approval, subject to the terms and conditions of Resolution 822 for outside water service, and the payment "in lieu of assessment" amount. KITTO MOVED that the Andreola property be granted water service after the main is constructed and subject to the stated provisions, Storment seconded. Motion carried. Roland Water Service Request. It was noted that Frank Roland owns property at 24850 - 116th Ave. S.E. outside the City limits of Kent and has requested water service for his property. The Public Works Committee recommends approval subject to the provisions of Resolution 822 governing outside water service policy of the City of Kent and the payment of the "in lieu of assessment amount. CAREY MOVED that the request of Mr. Roland for water service be granted, subject to the stated provisions, McCaughan seconded. Motion carried. FIRE DEPARTMENT Fire Safety. A letter was read from John F. Troutman commending the Fire Depart- ment for its Fire Safety Program. MASTERS MOVED that the letter be accepted and made a part of the record, Just seconded. Motion carried. Cascade Testing Laboratory. A letter was read from Walter E. Nolan, Jr. , Labora- tory Manager, commending the Fire Department Aid Unit and Paramedic personnel for their assistance in the aid of one of Cascade's employees recently involved in a train-truck accident in the City of Kent. MASTERS MOVED that the letter be made a part of the record, Carey seconded. Motion carried. Russell Road Park. At the September 26, 1977 IAC meeting, the Committee approved funding in the amount of $375,000 for the Russell Road Park Project. Although this is a reduction of the City's original application, it will allow for comple- tion of a much needed and usable facility at Russell Road Park. The funding break- down is as follows: L.W.C.F. $312,500 Referendum 28 62,500 King County 100,000 Kent Forward Thrust 55,000 Kent Matching Funds 95,000 TOTAL $625,000 It was noted that a motion to approve the signing of the project agreement will be on the Council agenda when the agreement is received from IAC. KENT COMMONS EDA Grants. Official notification has now been received for an EDA grant in the amount of $812,000 and an EDA grant in the amount of $1,250,000 for construction of the Kent Commons. McCAUGHAN MOVED that the EDA grant in the amount of $812,000 be accepted, Just seconded. At Storment's request, the Clerk read his prepared statement, expressing his views on the Kent Commons project and his objections to the use of the grant monies for this project instead of for other projects such as streets, sewers and other improvements in the City. Motion to accept the grant carried, with Storment and Masters voting nay. JUST MOVED that the EDA grant in the amount of $1,250,000 be accepted, Johnson seconded. Motion carried, with Masters and Storment voting nay. Street noted that upon acceptance of the grants, it is now necessary to complete negotiations with the architect and a proposal from Bower & Nyberg has been requested. Street referred specifically to three items: 1) With the addition of Phase 2, it is necessary to change the location of the parking lot which was designed to serve Phase 1, so that it will serve both phases of the project. He noted that the west wall of the building will not be finished and that the amount of asphalt and curbing would be changed because of the simple redesign of the parking lot by the architect. He pointed out that this item must be taken care of immediately. 2) It is necessary to continue with the soils investigation for Phase 2 so that the project can get underway within the 90 day period specified. 3) A Change Order has been submitted by the R.W. Huff Construction Co. , Inc. in connection with Phase 1 of the project, covering the cost for changing 32 rotary cut red oak doors to plain sawn red oak doors, at an additional cost of $924. Bower recommends that this be approved. Regarding the parking lot, it was determined that this was merely a matter of switching the lot from the west side of the structure to the north side. In re- sponse to Just's question, Bower stated that he had not estimated the cost of this item as he was not clear whether this was an item to be covered under Phase I con- struction costs or as a Phase 2 cost item. He suggested that it might be con- sidered a Phase 2 cost and would therefore be paid as part of the overall design cost for Phase 2. He noted that his firm has started to prepare a design con- tract for Phase 2 but it is not completed. Mayor Hogan opined that since the parking lot was being moved from one place to another, it would be a cost charged against Phase 1 of the project. Bower suggested that the work would be done on an hourly basis but offered no estimate of how long the redesign work would require. Street asked that a report of the estimated cost be made to the Finance Committee at their next meeting. Referring to item 2, the soils investigation matter, Street noted that Paul Weber, Soils Investigator, who did the work for Phase 1, will do the same work for Phase 2 with a guaranty that the cost would not exceed $1,500. Upon his recommendation, JUST MOVED to so authorize Weber, Carey seconded. Motion carried, with Masters voting nay. Referring to item 3, the Change Order for the doors, Bower determined for Just that the specs called for rotary cut doors and he acknowledged that this was an oversight on the part of the architect, and that he recommended the plain sawn doors for aesthetic reasons. McCAUGHAN MOVED to approve the requested Change Order in the amount of $924.00, Johnson seconded. In response to McCaughan' s question, Street noted that if this Change Order request was granted, it would mean that a total of $1,864.50 had been spent of the $19,000 Contingency Fund, or less than 10% with construction approximately 30% complete. Responding to McCaughan's further question, Bower noted that there would probably be some small change orders in the future. On a roll call vote, the motion to approve the Change Order FAILED, with Carey, Just, Storment and Masters voting nay. Bower noted that he had anticipated that his firm would be authorized to begin whatever work is required to start Phase 2. Street stated that the Council had expected Bower to present cost figures. Bower noted that he expected to have the contract ready for Phase 2 within the next few days. Upon Street's question, Bower clarified that they could proceed on an hourly basis, which costs would then be absorbed in the agreed upon contract for Phase 2. It was determined that hopefully the EDA grants could be combined into one project and Bower noted that this could make a considerable difference in the architects's fees and that his firm's proposal could not be made until this had been clarified. Mayor Hogan noted that she had been attempting to contact Mark Smith in the EDA office to see if the two grants could be combined into one project. She suggested that this could be made a workshop item, with a final report to be made at the next Council meeting. In response to McCaughan's question, Mayor Hogan noted that the City has an arrangement with the Bank for a letter of credit for the grant monies. The money is never actually sent to the City, but when funds are requested the Bank submits its request to EDA to cover those amounts which the City has expended. Street noted that Paul Weber would be instructed to begin the work on the soils investigation for Phase 2 and that Bower would be expected to expedite the re- design of the parking lot. It was determined that it would be necessary to get some response from EDA regarding the combining of the two projects, and that if a combination of the grants was not possible, there would be a difference in Bower's fee, as this would necessarily entail more work for his firm. It was also determined for Bower that as soon as his estimate was received on this item work could begin on the parking area. Mayor Hogan questioned whether Street had the authority to approve change orders without Council approval and Street noted that he had not for an item such as this. HOUSING & COMMUNITY DEVELOPMENT Joint Projects. Mayor Hogan noted that word has been received that the Kent Commons Coordinator requested under Housing & Community Development Joint Projects funding has been approved as part of the 1978 Block Grant Program in the amount of $20,000 for 1978 and $20,000 for 1979 and also that $30,220 had been approved for the Kent Valley Youth Services Counseling Services for one year beginning in July of 1978. Street clarified that the Kent Valley Youth Services funding period was from April to April. BUSINESS LICENSES Revocation. A public hearing is scheduled for this meeting to consider revocation of the business license of Home Index. The City Administrator noted that a memo had been received from Mirk stating that he had received some new information from the Attorney General's office last Thursday and both he and the attorney for Home Index request that the hearing be continued to October 17. STORMENT SO MOVED, Carey seconded. Motion carried. Peter Mort of Home Seekers asked that the Council give consideration to suggesting to the State that some regulations be established for the operation of rental agency businesses. He noted that only Seattle and Pierce County now have such regulations. He further noted that without specific guidelines it is difficult to regulate the operation of such businesses. In response to Mayor Hogan's question, Mort noted that he owned one such business and had seven branch offices. He noted that his organization is the only one in the State of Washington in favor of some type of regulation within the industry itself to protect the consumer. Mayor Hogan suggested that Mr. Mort submit written suggestions so that the matter could then be discussed at a workshop. FINAL PLAT Cambridge East, Division #2. The public hearing on the final plat of Cambridge East, Division #2, is scheduled for this meeting. Street noted that the Planning Director and Public Works Director have not signed the plat as yet and upon his recommendation, CAREY MOVED that the hearing be continued to October 17, 1977, Kitto seconded. Motion carried. CLAIMS Robert Joseph George. A letter was read by the Clerk from Robert Joseph George explaining the circumstances of Mr. George's alleged claim against the City for false arrest. The City Attorney has reviewed the claim and the letter, and upon his recommendation, McCAUGHAN MOVED that the claim of Robert J. George be denied, Carey seconded. Motion carried. REZONES Dean. Street noted that the Planning Department had received a call from a repre- sentative of the Dean Development Co. noting that they were unable to resolve their problems regarding financing at this time. Upon Street's suggestion, JUST MOVED that the hearing be closed and that the Dean rezone be denied without prejudice, Johnson seconded. Motion carried. Hurlow. Ordinance No. 2053 rezoning certain property known as the Hurlow Rezone from "0" (Professional and Office District) to "CC" (Community Commercial) was introduced by the City Administrator. McCAUGHAN MOVED for the adoption of Ordi- nance No. 2053, Carey seconded. Motion carried. ANNEXATIONS Williamson. The City Administrator introduced Ordinance No. 2051 annexing to the City of Kent that certain area known as the Williamson Annexation area. McCAUGHAN MOVED for the adoption of Ordinance No. 2051, Carey seconded. Motion carried. Wilson Island. It was noted that the appeal hearing to the Boundary Review Board on the Wilson Island Annexation has been completed and the committee voted unani- mously to approve the annexation. Official vote by the entire Boundary Review Board will occur later this month but it is deemed proper for the Council to con- clude its hearing on the annexation. Harris pointed out the location of the pro- posed annexation on the map, which area encompasses approximately 21.8 acres lying between 36th Avenue S. and 43rd Avenue S. and between S. 242nd Street and S. 238th Street. It was noted that on August 1, the public hearing was continued to this meeting. The continued hearing was opened by the Mayor. The Clerk read a letter dated June 20, 1977 from the Seattle/King County Department of Public Health ad- dressed to Mrs. Robert J. Hansen, owner of property in the area. The letter ad- vised Mrs. Hansen that effluent from the sewage disposal system was being dis- charged on the surface of the ground and that the matter would have to be taken care of within 30 days. A copy of Mrs. Hansen's response was also read, pointing out that attempts had been made on her part since 1957 not only to draw attention to the septic tank drainage problem in her area but to seek a sewer system for the entire area. Mrs. Hansen noted also in this letter that it was hoped that the area would be soon annexed to the City and that the needed sewer system would be forthcoming. STORMENT MOVED to accept the letters, Carey seconded. Motion carried. There were no further comments and KITTO MOVED that the hearings be closed, Carey seconded. Motion carried. MASTERS MOVED that upon receipt of Boundary Review Board approval, the City Attorney prepare an ordinance approving the annexation, Carey seconded. Motion carried. ANNEXATIONS ZONING Blecker's Island Annexation. On August 23, 1977, the Planning Commission held a public hearing on the initial zoning for the Blecker's Island Annexation which encompasses approximately 8.11 acres lying along 42nd Avenue South and 43rd Avenue South, southwesterly of the Kent-Des Moines Road. It is the Planning Commission's recommendation that this area be zoned R1-12, Single Family Resi- dential, with 12,000 square foot minimum lot size. The first public hearing by the Council is scheduled for this meeting and was opened by the Mayor. Planning Director Harris pointed out the location of the annexation on the map and noted that under the present County zoning the lots are 15,000 minimum square feet in size. He noted that some of the existing lots were only 9,600 square feet and that those held in common ownership would have to be combined in groups to attain the 12,000 minimum square foot lot size. He also referred to the approximate 20% slope on the side of the hill. A.J. Finch addressed the Council, noting that he represented the Blecker family and also was owner of a portion of the property under discussion. He noted that his property was pre- sently zoned for a minimum lot size of 9.600 square feet. Harris noted that the 12,000 square foot requirement was a reduction from the present County 15,000 square foot requirement and one that the Planning Commission felt justi- fied. He noted for Mr. Finch that some of the lots would have to be combined. Mr. Finch pointed out that under the terms of the original plat a restriction existed that the property cannot be replatted. He also noted that the road has already been built and blacktopped in April. Harris noted for Mr. Finch that by being annexed to the City, the property would be zoned under Kent's Code. Mary Finch noted that she was the daughter of the Bleckers and that the property in question was not held in common ownership; that she and her husband owned Lots 1 and 2, that Lots 3, 4, 5 and 6 were owned by her father, Lot 7 was owned by her brother, and Lots 9 and 10 were owned by Mr. Potts. She opined that it would be difficult, therefore, to combine lots to make the 12,000 square foot minimum. Responding to Kitto's question, Harris noted that the reason for zoning the lots 12,000 minimum square foot size was because it was felt that this was a reason- able compromise from the present zoning of the County of 15,000 square feet. He opined that the County zoning was based on the slope of the land. Harris noted that the final zoning of the annexation area would not be completed until the November 7th hearing and determined for McCaughan that the question of the lot size and restrictions of the original plat could be clarified by then. Mrs. Finch noted that Mr. Potts' application for a building permit from the County for Lot 9 which is 9,600 square feet was approved. Mr. Hofer noted that he lives in a developed area next to the undeveloped area in question and was of the opinion that the minimum lot size should stay at 15,000, the present County designation. The Clerk read a letter from the State Highway Department noting that the pro- perty to be annexed and zoned abuts SR 516, a limited access facility, and that the State Highway Department would therefore not allow any ingress and egress from the Kent-Des Moines Road (SR 516) . JOHNSON MOVED that the letter be accepted, Carey seconded. Motion carried. Masters commented regarding the statement by Mrs. Finch that the County had granted a building permit to Mr. Potts on his 9,600 square foot lot and upon Masters' question, Mrs. Finch clarified that this was done about a year ago, although Mr. Potts has not as yet begun construction. Masters also questioned access to the area and Harris described the cul de sac. McCaughan questioned whether the City had any requirements as to minimum lot size on hillside develop- ments and Harris noted that the only requirement was that the lot would have to be workable so it would not be necessary to come back to the City for variance before building. He noted that it was possible to build on a lot with a 20% slope if the lot was deep enough. Masters questioned whether the soil density for lots having a 20% slope could support construction with 9,600 square foot minimum lot size and Harris noted that he was not certain but there was some problem with soil density further down. He noted that the soil was more stable further up the hillside. There were no further comments and JUST MOVED that the hearing be continued to November 7, 1977, Carey seconded. It was suggested that the questions raised at this meeting be answered at that time. Motion carried. Franks Annexation. On July 26, 1977, the Planning Commission held a public hear- ing on the initial zoning for the Franks Annexation which encompasses 4.84 acres lying between 94th Avenue S. and 96th Avenue S. , south of S. 241st Street. It is the recommendation of the Planning Commission that this area be zoned R1-7.2, Single Family Residential with 7,200 square foot minimum lot size. Planning Director Harris pointed out the location on the map, noting that the property lies just south of James Street and west of the East Hill Elementary School. The first public hearing on the proposed zoning was opened by the Mayor. Helen Pirkl questioned how many homes could be constructed in the area and Harris noted that with the zoning recommended it would be possible to construct 5 or 6 homes per acre, or approximately 25 - 30 homes for the entire development. Claudia Otey referred to the present half street already existing in the area and ques- tioned whether this would happen again. Harris noted that the N. 1/2 of S. 241st has been deeded to the City and that he assumed that the south half would also be dedicated at the time of development of this area. Mrs. Otey noted that this was to have been done in the past but that the developer had short platted the area and that the requirement for completing the street was not part of the pro- cess of short platting. Street concurred that this was a valid point and suggested that the matter of completion of the streets in question should be reported to the Planning Commission. Harris determined for McCaughan that the zoning to the north was 7,200 square foot minimum lot size and to the west the property was zoned for duplexes. He noted that a portion of the area is still within the County, and determined that the zoning requirement of the County was 9,600 square feet minimum lot size for property with septic tanks and 7,200 square feet for lots with sewers. Upon Johnson's question about half streets, Harris determined that the Short Plat Committee generally attempts to get such rights of way and improvements. Street 10 noted that setbacks had been required when the houses were built to allow for the completion of the half street and Mrs. Otey concurred. She noted, however, that ingress and egress to the driveways would be difficult upon the completion of the existing half street. There was no correspondence and no further comments and JUST MOVED that the hear- ing be continued to November 7, 1977, Carey seconded. Motion carried. Williamson Annexation. The City Administrator introduced Ordinance No. 2052 zoning the Williamson annexation area R1-7.2 (Single Family Residential Zoning District with 7,200 square foot minimum lot size) . JUST MOVED that Ordinance No. 2052 be adopted, Storment seconded. Motion carried. Wilson Island Annexation. The second public hearing on the zoning of the Wilson Island annexation was, on August 1, continued to this meeting. It was noted that the first hearing was held on June 20, 1977. The hearing was opened by Mayor Hogan. Harris noted again the location of the 21.8 acres and pointed out that the recommendation of the Planning Commission was that the properties lying north of S. 239th Street (Lots 1 through 7, Suburban View Addition; Lots 1 through 7, Valley Vista No. 2 Addition; and Tax Lots 111, 114, 116 and 121 of Section 15, Township 22 N. , Range 4 EWM, ) be zoned R1-12, 12,000 square foot minimum lot size, Single Family Residential; and that the remainder of the properties be zoned R1-9.6, 9,600 square foot minimum lot size. Harris noted that a peculiar situation occurs on 41st Avenue S. in that the property owners have an additional lot in the back, behind their houses. These lots are land- locked and the only means of development would be by acquiring an easement. He noted that the front lots in most cases were large lots containing 18,000 - 20,000 square feet and that the rear lots were from 6,400 to 8,000 square feet, so that if property lines were adjusted by the owners there might be enough square footage to allow building on the rear lot, with approval of the Board of Adjustment. Johnson opined that the deeds for the front lots contained a covenant which prohibited the property owners from subdividing the land. Harris noted that if the deeds contained such a covenant, it would be a problem which the landowners would have to resolve and if they were successful, they could then appeal to the Board of Adjustment for approval to build on the rear lots. Responding to McCaughan's question, he noted that the tax lots referred to were part of the annexation area. At McCaughan's request, Harris read a legal opinion from the City Attorney regarding City of Kent and King County provisions for non- conforming lots of record. The memo referred to Section 6.10.7 of the Kent City Code which states in part: "A single family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code, notwithstanding limitations imposed by other provision of the Code." The memo further stated that the Code goes on to say that such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership, and that the Code provided that the Board of Adjustment does have authority to consider lots that are in common ownership and common frontage and presumably could authorize erection of single family dwellings in those cir- cumstances. The opinion went on to say that the basic provisions of the appli- cable County Code, Section 21.48.240(2) state that the owner of a single sub- standard lot who does not own adjacent vacant property may erect a single family residence on such substandard lot provided that use is permitted in the area. In closing, the memo stated the application of applicable regulations to the Wilson Island Annexation, as follows: 1) Under King County regulations If lots 4, 5, 6 and 7 are not vacant, then tax lots 111, 114, 116 and 121 could be built upon. If lots 4, 5, 6 and 7 are vacant, then tax lots 111, 114, 116 and 121 could not be built upon. 2) Under City regulations If lots 4/111; 5/114; 6/117 and 7/121 are in common ownership they cannot be built upon except by Board of Adjustment approval. If there is not common ownership then lots 111, 114, 116 and 121 could be built upon without Board of Adjustment approval. JUST MOVED that the memo be accepted and made a part of the record, McCaughan seconded. Motion carried. Tim Smith of 23806 41st Avenue S. noted that he was the owner of one of the lots in question and asked whether the lot could be built on at the present time. It was determined that under County rules and regulations it could be built upon. Harris pointed out that if annexed to the City, the property would come under the City rules and regulations. Smith questioned whether this would change the existing deed restriction and it was determined that it would not, that the covenant ran with the land and the Board of Adjustment could not give a lot line adjustment unless the owners resolved the deed restriction. Harris determined for McCaughan that in order to allow construction, lot line adjust- ments would have to be made to meet the minimum lot size set by the proposed zoning. He determined for McCaughan further that combining two lots would be relatively easy for this property to allow construction of two dwellings under the proposed zoning requirements. A letter was read from Larry Wilson regarding his property, consisting of Lot 7, Block 1, of Suburban View Addition, containing 20,000 square feet and upon which his residence is located, and the rear lot, tax lot 121, containing 8,000 square feet. He noted that the rear lots were not part of the Suburban View Addition and therefore requested that they be zoned 7,200 square feet rather than 12,000 square feet as proposed for the Suburban View lots. He noted also that when the sewers were put in he would be assessed for two lots and felt that by allowing 7,200 square foot minimum lot size zoning for tax lot 121, it would be possible for him to construct an additional dwelling if he so desired. JOHNSON MOVED to accept the letter, Carey seconded. Motion carried. Larry Wilson stated that he was told by the City that since his two lots totalled more than 28,000 square feet, a zoning of 12,000 square feet would give them more than enough for two building sites, but that the City Attorney has now advised that this is not true because of the deed restrictions. It was determined for Johnson that all lots in the Suburban View Addition contained the same deed restriction. Wilson pointed out that he was not attempting to break the cove- nant contained in the deed but merely seeking a means to allow the tax lot to be zoned 7,200 square foot minimum lot sise so that it could be used for a building site. He noted that he was aware that it was not possible to go below the 7,200 minimum lot size requirement of the City. Street noted that the one 6,400 square foot lot does not fall within any of the City's zoning categories. Street noted also that it would be necessary to acquire right of way to the rear lots and he determined for Johnson that acquisition of an easement for right of way purposes would not diminish the size of the lot but merely provide access. Tim Smith indicated that he personally wished the zoning to remain as it now is, and pointed out that he owned Lot 5, and preferred the 12,000 minimum square foot lot size and he would not use his back lot. Harris opined that allowing 7,200 square foot lots would be spot zoning because the lots in front would be zoned 9,600 square feet or 12,000 square feet. Masters stated that it was her opinion from the correspondence and discussion that had taken place that the property owners were content with the lots as they now are. She noted that people in the area who owned two pieces of property were concerned because of taxes and the possibility of paying two assessments on the sewer line to be installed and questioned if the Council could give some guaranty to the pro- perty owners regarding the assessments if there was only one residence. Bert Hause noted that he owned Lot 6 next to the Wilson property and would like to build on his back lot since they have been paying taxes on this property for many years. Wilson opined that the zoning he was requesting would not hurt anyone since his property was fairly level and any residences that would be built would not be visible to those people living below the ridge. He also stated that he was not asking for any guaranty from the Council that they would not be assessed extra when the sewers are installed. Mr. Hofer noted that his lot is 15,000 square feet and that he wished to maintain this zoning and noted that he was also speaking for two other neighboring property owners. Hofer referred to a drainage problem caused by springs in the hillside area, which problem would be compounded if additional homes were built above him. McCaughan concurred with Masters regarding some guaranty about the sewer assess- ments for those who owned two lots with only one home. Ulett determined that the Public Works Department makes an estimate of the probable assessments and the Council then makes the final determination as to what method will be used. Masters opined that even if the zoning were to be changed, the Board of Adjustment could not grant a variance because of the deed restrictions. Just noted that the situation of smaller lots at the rear of existing residences occurred in other places in the area and that the same question would arise in future annexations of Island properties, so that action on this zoning would set a precedent for the entire area. Kitto agreed with Just and felt that the 7,200 square foot lot size requested by Wilson would be spot zoning. McCaughan stated that he felt the Public Works Department should be asked to base the sewer assessment on a lot basis rather than a square footage basis. Mayor Hogan noted that this was a matter to be considered at the time the sewer project was discussed. There were no further comments and JOHNSON MOVED that the hearing be closed, Carey seconded. Motion carried. JUST MOVED that the attorney be directed to prepare an ordinance adopting the zoning as recommended by the Planning Commission, Kitto seconded. Motion carried. BUDGET Anti-Recessional Fiscal Assistance. The City recently received notification that an additional $76, 358 would, by formula, be distributed to the City of Kent in 1977. In accordance with the 1977 budget policy, it is requested that the addi- tional revenue be utilized solely for payment of the City's share of the King County Library Service Contract in 1977 and 1978. This action is consistent with the utilization of past anti-recessionary revenues. Accordingly, MASTERS MOVED that the 1977 Library Budget be amended to include the increased revenue from the Anti-Recessionary Fiscal Assistance Act, which funds are to be expended solely to pay toward the King County/City of Kent Service Contract for the Library costs during 1977 and 1978, Carey seconded. In response to Just's ques- tion, Winkle noted that these funds are a form of revenue sharing monies which must be utilized for maintenance and operating costs only. He pointed out that the Library maintenance contract was one which could be identified under this category and which qualified for this type of funding. He noted that money pre- viously budgeted for this item from City funds could now be used for other pro- jects during 1978. Motion carried. FINANCE KITTO MOVED that the bills received on or before October 5, 1977, and approved by the Finance Committee at its meeting to be held at 8:00 a.m. on October 14, 1977 be paid. Carey seconded. Motion carried. CITY COUNCIL Belknap Glass Co. The Clerk read a letter addressed to Mayor Hogan from the Belknap Glass Co. which will soon be moving to Kent, expressing appreciation of the City Council's action concerning the growth of industry taking place in the Kent area. Mayor Hogan asked the Council to consider, either in open meeting or in execu- tive session, the contents of a flyer entitled "The Storment Report. " Just objected to an executive session since the City Attorney was absent. The Mayor opined that distribution of such a flyer was inappropriate because some of the information contained therein was inaccurate. Masters called for a point of order and stated that it was inappropriate to bring this personal issue before the Council, and that she was unwilling to discuss the matter. The Mayor relinquished the Chair to Mayor Pro Tem Just and Storment stated that he would not discuss the matter at an open Council meeting but would discuss it with Mayor Hogan in her office if she was willing. McCAUGHAN MOVED for adjournment Just seconded. Motion carried. FINANCE Claims approved by the Finance Committee at its meeting of September 30, 1977 are as follows: Current Expense $ 49,678.70 Parks & Recreation 7,995.42 Library 1,402.86 City Streets 43,852.50 Federal Shared Revenue 17,243.01 Kent Commons Construction 339.75 Smith - Central to 4th 6,000.00 104th Ave. St. Improvement 26,067.38 116th Ave. Trans. Main 2,030.00 Equipment Rental 10,110.14 Housing & Community Devlpmnt 60.00 Arts Commission 125.75 Firemans Relief & Pension 131.53 Leoff Disability 1,461.04 Sewer 5,895.77 Water 29,575.53 Garbage 42,528.57 $244,497.95 Interest Bearing Warrants 104th Ave. Street Improvement Pacific Paving $ 28,115.15 First American Title Co. 68.36 $ 28,183.51 MEETING ADJOURNED: 10:35 p.m. Respectfully submitted, Marie Jen en, CMC City Clerk