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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/21/1977 Kent, Washington November 21, 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, McCaughan and Storment, City Administrator Street, City Attorney Mirk, Planning Director Harris, Public Works Director Ulett and Finance Director Winkle. Councilperson Masters was absent from the meeting. Also present: Planning Commissioner Johnson, URS representative Abed, City Treasurer Drotz, Assistant Fire Chief Freelove, City Engineer Wickstrom, Sewer Superintendent Kristofferson. Approxi- mately 45 people were in attendance at the meeting. MINUTES KITTO MOVED that the minutes of the meeting held November 7, 1977 be approved as printed, Carey seconded. Motion carried. HOUSING & COMMUNITY DEVELOPMENT 1978 Housing & Community Development Program & Housing Assistance Plan. The Planning Department has prepared and placed on file a list of recommended prior- ities for projects proposed for the 1978 Community Development Program as follows: Funding Category Priority No. Project Proposed Population / Needs 1 Senior Center Parking Acquisition $38,000 -0- 2 Senior Center Parking: Design & Construction -0- $25,000 3 Housing Repair Services Rehabilitation & Counseling $27,000 -0- 4 Housing Repair Services Minor Home Repair -0- $ 81000 5 Pedestrian Walkways Phase III $15,000 -0- 6 Planning Administration $ 8,417 -0- 7 North Park Storm Drainage Design -0- $42,000 $88,417 $75,000 It was noted that the City Council discussed these projects and the priority listing at its November 14, 1977 workshop meeting and will now hold two public hearings, one at this meeting and one on December 5, to receive any additional input on community needs and to finalize prioritization of the projects. Input will also be received on the 1978 Housing Assistance Plan. The public hearing was opened by the Mayor. There were no comments from the audience and the Clerk noted that no correspondence had been received. Respond- ing to McCaughan's question, Raul Ramos of the Planning Department noted that $38,000 for the Senior Center parking lot property was slightly higher than the appraisal and it was determined that if necessary, additional funds could be utilized for this proposal from some other category. There were no further comments and JOHNSON MOVED that the hearing be continued to December 5, 1977 and that the City Attorney be directed to draft a resolution approving the 1978 Housing & Community Development Program and the Housing Assistance Plan. McCaughan seconded. Motion carried. CBD Pedestrian Walkways Improvement - Phase II Meeker, Gowe and Titus Streets. Bids were received for the construction of pedestrian walkways as a part of the Housing & Community Development program. Assistant City Engineer Wickstrom noted that it was the recommendation of the Public Works Department that all bids be rejected. He noted that the specs were set up by schedules and sug- gested that a new call for bids be issued for the portion covered by Schedule II, Item No. 2, Meeker Street, from State to Kennebeck, and for Schedule IV, Meeker Street, from Lincoln to Madison. He pointed out that the bids received for these two items together equal $41,000, the total amount available for the project. He noted that a portion of the sidewalk improvement in question was near the railroad crossings and it was felt that the high rate of insurance for work in such an area may have prohibited small companies from bidding. In accordance with the Engineer's recommendation, CAREY MOVED that all bids be rejected and a new call for bids issued for the two items as recommended. Johnson seconded. Motion carried. RAILROAD CROSSING Proposed Closure - S 208th Burlington/Northern Crossing. A letter was read from Helen Neave, 7838 S. 208th Street, protesting the proposed closure of the S. 208th Street Railroad Crossing suggested by Burlington/Northern. JUST MOVED that the letter be accepted and referred to the Public Works Committee, Johnson seconded. In response to Mayor Hogan's question, Street noted that no time limit is involved in this proposed closure--that the railroad has merely asked that the City petition for the crossing to be closed. Motion carried. Petition. The Clerk noted receipt of a petition containing approximately 70 signatures protesting the closure of the S. 208th Street crossing. JUST MOVED that the petition be accepted and referred to the Public Works Committee, Carey seconded. Motion carried. FIRE DEPARTMENT A letter was read from LaVerne M. Stricklin, 24345 35th Place So. , Kent, addressed to Station 73, Kent Fire Department personnel and Medic-1 personnel, R. Soper and M. Hansen, expressing appreciation for the prompt assistance given to Mr. Stricklin which resulted in saving his life. JUST MOVED that the letter be accepted and made a part of the record, Carey seconded. Motion carried. CIVIL SERVICE COMMISSION Appointment. Mayor Hogan has proposed that Robert D. Hankins be appointed to fill the unexpired term of Hal Cline on the Civil Service Commission to April 1, 1978. JOHNSON MOVED to confirm the appointment, Carey seconded. Motion carried. FEDERAL REVENUE SHARING It was noted that a public hearing on proposed use of Federal Revenue Sharing Funds is required to be held at this time and has been properly advertised. A list of items submitted for consideration has been filed with the City Clerk and made a part of the record. Requests presented by the public tonight will be added to the list and all will be considered and prioritized by the Council for approval at the Council meeting of December 5, 1977. The public hearing was opened by the Mayor. There was no correspondence and there were no comments from the audience. McCAUGHAN MOVED that the hearing be closed, Johnson seconded. Motion carried. McCAUGHAN MOVED that the Revenue Sharing requests be considered for approval by the Council at the meeting of December 5, 1977, Johnson seconded. Motion carried. KENT COMMONS PHASE II It was noted that a meeting was held today with Ted Bower and Dave Ernst of Bower & Nyberg to discuss and finalize design development drawings, cost estimates and outline specifications for Phase II of the Kent Commons. Bower distributed a booklet of the drawings and also a sheet on the project cost estimate, both of which have been filed as a part of the record. Upon questions from the Council, Bower determined that one set of restrooms had access from the outside of the building. He noted that a sprinkler system was not included, but that smoke and heat detectors were planned. Ernst stated that he had checked with Edgerton and the materials to be used in making the building fire safe were acceptable under the Fire Code. Johnson and Storment were of the opinion that a sprinkler system should be included. Discussion was had as to whether the handball court area should be air conditioned. Kitto noted that the courts would produce much revenue, and this should be con- sidered. Ernst noted that hot, humid days would affect the play as the con- crete walls could become damp. He estimated that it would cost about $20,000 to air condition this area, and that there would be relatively few days when both the temperature and the humidity would be high enough to cause a problem. Ernst determined for Carey that the $170,000 figure labeled "equipment by owner" was part of the EDA grant and would provide all of the equipment for the facility, such as backboards, gymnastic equipment, etc. Street pointed out that the Fire Code does not require the sprinkler system but since the Council had expressed concern over this matter he suggested that the motion be to approve the design as presented and authorize the architect to pro- ceed and to advise the Council as to the difference in cost between a sprinkler system and the proposed type of fire protection. CAREY SO MOVED and added that figures be included for air conditioning for the handball court as an alternate. McCaughan seconded. It was determined that the Council would discuss the fire protection with Building Official Edgerton and Fire Chief Tom Foster at the next worksession. Just stated that the funds for the air conditioning might be avail- able from Federal Revenue Sharing funds. Motion carried. STREETS North Second Avenue Street Improvement. Pacific Paving Co. , Inc. has requested a change order in the amount of $704.38 for additional work in connection with the above project. Upon the recommendation of the Public Works Committee, STORMENT MOVED that Change Order No. 1 in the amount of $704. 38 be approved, Carey seconded. Wickstrom noted for Mayor Hogan that all of the asphalt has been put in place. Motion carried. 1978 Street Sweeping Contract. Bids for street sweeping for the year 1978 were received on November 15, 1977, as follows: Sanco NW Lot Service $15,088.64 Ricks Parking Lot Service 15,178.24 Clean Sweep 16,609.24 It is the recommendation of the Street Department that the lowest and best bid of Sanco Northwest Lot Service in the amount of $15,088.64 be accepted. It was noted that the sweeping contract bid is a combination of residential, core area, parking lots and extra call out sweeping, and that call out sweeping is based on an hourly rate. STORMENT MOVED that the best bid of Sanco Northwest Lot Ser- vice in the amount of $15,008.64 be accepted for the 1978 street sweeping contract, Carey seconded. It was determined that core area sweeping is done three times weekly and residential sweeping for those area containing curbs is done twice monthly. Parking lot sweeping is done four times per year. It was further determined for McCaughan that the number of miles to be swept was approximately the same as last year. Motion carried. WATER 124th Avenue Reservoir - Joint Kent/W.D. 111 Project. The City Attorney has prepared an agreement providing for the construction, maintenance and operation of the joint Kent/W.D. 111 3.5 million gallon reservoir, which agreement must be approved by Kent and W.D. 111 before the District can sell bonds for their share of financing. It was noted that the District will meet on November 23, 1977. CAREY MOVED that the Mayor be authorized to sign the said agreement on behalf of the City, McCaughan seconded. Motion carried. EQUIPMENT RENTAL DEPARTMENT Surplus Sale of Equipment. The following is a list of the highest bidders for the surplus equipment offered for sale by the Equipment Rental Department, including sales tax: Floyd Hawk Chev Pickup $189.72 Glenn Caron GMC Pickup 513.30 Johnie Nall Chev Pickup 476.04 Fergus McKean Chev Pickup 696.69 Robert Wagner Ford Dump Truck 637.67 David Lattin Ford Cab & Chassis 294.07 Art Skramstad Dodge Pickup 423.19 David Lattin Dodge Police Car 423.71 Floyd Hawk (2) Small Engine w/ Hiway Sander 42.16 ea. Robert Watson (2) Wooden Canopies 6.23 ea. It was noted that all bids were above the City's minimum. KITTO MOVED that the highest bid on each item be accepted upon payment within 10 days; otherwise the vehicle will be awarded to the next highest bidder, Storment seconded. Motion carried. CLAIMS Patricia C. L'Heureux. A claim in the amount of $50,000 for personal negli- gence of the City of Kent has been filed by Patricia C. L'Heureux. City Attorney Mirk noted that the claim was in connection with an alleged injury sustained by Ms. L'Heureux in a fall on Meeker Street in 1974. McCAUGHAN MOVED that the said claim be referred to the City Attorney, Carey seconded. Motion carried. A. Ferdi and Harriet Froemke. A claim in the amount of $401.81 plus an unknown amount for freezer repair has been filed against the City by A. Ferdi and Harriet Froemke. City Attorney Mirk explained that the Froemkes claim that the City was negligent in maintenance of sotrm drains and noted that the alleged damage they sustained was during a recent severe wind sotrm when the storm drains were clogged with debris. JOHNSON MOVED that the claim of A. Ferdi and Harriet Froemke be referred to the City Attorney, McCaughan seconded. Motion carried. WATER West Hill Pump Stations. It was noted that the DSHS will offer a Referendum 27 grant to Kent in the approximate amount of $28,789.77 to assist in the West Hill Pump Station projects. Acceptance of the said grant must be before December 1, 1977. KITTO MOVED that the Mayor be authorized to accept the said grant offer, Storment seconded. In response to Kitto's question, Ulett noted that the grant is 40% of the construction cost, not including sales tax. Motion carried. PERSONNEL Water Department Employees. Mayor Hogan presented Certificates from the American Water Works Association to Water Department employees Raymond Woods and Duaine Hager who have successfully completed a course in taste and odor control. REZONE Oberto Sausage. A public hearing was held by the Planning Commission on October 25, 1977 on an application filed by Oberto Sausage Company for a rezone from M-1, Industrial Park, and M-2, Limited Industrial, to M-3, General Industrial, zoning. Planning Director Harris pointed out the lcoation of the proposed rezone area as lying west of the Valley Freeway (SR 167) at S. 238th Street, and consisting of approximately 16.1 acres adjacent to the Puget Sound Power & Light right-of-way which contains 1.1 acres. He noted that the Planning Commission recommends that the application be approved. The public hearing was opened by the Mayor. Art Oberto addressed the meeting and noted that his Company was desirous of moving entire operation to the Kent area. Mirk noted that the proposed zoning was appropriate if in fact the Oberto Sausage operation was to be devleoped on the site in question, which would require M-3 zoning, but could result in problems if for some reason Oberto's development plans fell through and the property was available for heavy industrial usage in the vicinity of apartment houses on James Street. Oberto noted that his company had already purchased the pro- perty in question and contracts are underway for extensive remodeling of the existing warehosue. It was determined for Johnson that the property would be used for a distribution center and at a future date the finishing work on prepared meat products would be done at this location, but that this was not to become a slaughterhouse site. Harris determined for Storment that the M-3 zoning was the only zoning applicable to the type operation proposed. The Clerk noted that no correspondence had been received and there were no further comments. JUST MOVED that the hearing be closed, Carey seconded. Motion carried. CAREY MOVED to accept the recommendation of the Planning Commission to approve the rezone and for the attorney to be directed to prepare an amending ordinance, McCaughan seconded. Motion carried. PRELIMINARY PLAT KENTWOOD GLEN #3 On October 25, 1977, the Planning Commission held a public hearing on the Kent- wood Glen #3 Preliminary Plat and recommended approval with conditions. Plan- ning Director Harris noted that the proposed subdivision lies along the west side of Lake Fenwick Road, approximately 1300 feet south of the intersection of Reith Road and Lake Fenwick Road, and encompasses 8.1 acres and 20 lots. The present zoning for the property is R-1 7.2, Single Family Residential. Harris reviewed the conditions for approval as follows: 1. All recommendations of the Public Works Department as follows: a) Provide a sidewalk on one side of the loop consisting of 45th Ave. S. , 46th Ave. S. , and the east-west street connecting them. If the east- west street is continued to Lake Fenwick Road, provide sidewalk on one side of it. b) Rework Lots 10-11 (Lot 9 on revised plat map) and Lot 12 (Lot 10 on revised plat map) to provide access to Lot 10-11 (Lot 9 on revised plat map) or require that a paved turnaround be constructed on Lot 10-11 (Lot 9 on revised plat map) . c) Construct a barricade at the end of the street between Lot 9 (Lot 8 on revised plat map) and Lot 10-11 (Lot 9 on revised plat map) . d) Construct all streets with curb and gutter and asphalt pavement with widths on 45th Ave. S. and 46th Ave. S. to match the present widths on these streets, the widths on the east-west street to be 36 feet between the curbs and the widths on the cul-de-sacs to be 28 feet. e) Provide street lighting to Kent standards. f) Provide street names. g) Provide intersection monumentation. h) Design and construct gravity sewers to serve all lots. If gravity sewers are not practical, resubmit the plat for additional review. i) Provide a sewer easement for the present sewer and for any extensions not located in street rights-of-way. j) If the property south of Lot 1 is being reduced in size, submit a survey to assure that the remaining setbacks are conforming to Kent codes. k) Provide water mains as required to meet fire flows. Provide easements for the main proposed to connect the Reith Road reservoir with the main on Lake Fenwick Road and, where that main will be within the plat, con- struct it as a 10-inch main. 1) Design and construct drainage facilities utilizing the King County Drainage Ordinance principles which include detention basins. Provide facilities to prevent erosion. Control the construction, both in sequence and with respect to season of the year, to prevent erosion. Provide for the exist- ing drainage way which enters the plat at Lot 32 (Lot 30 on revised plat map) , and exits at Lot 18 (Lot 24 on revised plat map) , and the one which enters at Lot 48 (Lot 46 on revised plat map) and exits at Lot 5 (Lot 3 on revised plat map) . 2. That a revised preliminary plat map be submitted. 3. That it be noted on the face of the plat map that all street grades are not to exceed 12%. 4. That the soils report submitted by Hart, Crowser & Associates, Inc. be followed. 5. That the City enter into a contract with the Soil Conservation Service and the applicant follow the guidelines of the Soil Conservation Service. Harris noted that some of the conditions had already been met. He also pointed out the location of the proposed holding pond for the plat and pointed out the access to the property in question, noting that there would be no entrance from Lake Fenwick Road. Harris also referred to an Erosion and Sediment Control Plan for the Plat prepared by the King County Conservation District and USDA which has been made a part of the record, and noted that if the Council agreed to Condition #5 as set forth above, this plan would be part of the guidelines to be used for development of the Plat. He suggested that if the Plat was approved by the Council that its development be carefully monitored because of its proximity to Lake Fenwick. The public meeting was opened by the Mayor. Harris noted that all the necessary EIS documents have been submitted to the Council and made a part of the record. McCaughan questioned the fact that no access would be provided from the Plat to Lake Fenwick Raod, noting that this would increase the traffic volume to the north. Harris noted that the access to Lake Fenwick was dangerous because of the steep incline. McCaughan noted that the intersection of 45th S. S. 256th, the other access, was not improved and Harris opined that the necessary right-of-way is available for improving the intersection. He also noted that Condition #3 provid- ing that all street grades are not to exceed 12% would alleviate any anticipated problems. Johnson pointed out that a very steep grade existed for access to Lake Fenwick Road and Harris noted further for McCaughan that this is the last large development anticipated for this area and that the Lake Fenwick Road access was not a practical one. There were not further comments or correspondence, and JOHNSON MOVED that the meeting be closed. Just seconded. Motion carried. JOHNSON MOVED that the Kentwood Glen #3 Preliminary Plat be approved as presented with the conditions, Just seconded. Motion carried. ANNEXATIONS (Gregory/Illian) Proposed Gregory/Illian Annexation. The City Clerk noted receipt of a 10% petition for annexation received on November 21, 1977 for approximately 29.5 acres of land located west of 116th Avenue S.E. and southerly of Kent-Kangley Road. Upon the recommendation of Public Works Director Ulett, JOHNSON MOVED to accept the petition for annexation and for a meeting to be held with the initiators at the December 12 work session at 7:30 p.m. Carey seconded. Motion carried. (Franks) Franks Annexation. The City Attorney introduced Ordinance No. 2064 annexing the Franks area to the City of Kent. CAREY MOVED for the adoption of Ordinance No. 2064, McCaughan seconded. Motion carried. ZONING OF FRANKS ANNEXATION The City Attorney introduced Ordinance No. 2065 zoning the area known as the Franks annexation R1-7.2 (Single Family Residential District) . JUST MOVED that Ordinance No. 2065 be adopted, Storment seconded. Motion carried. (Blecker's Island) Ordinance No. 2066 was introduced by the City Attorney annexing that area known as the Blecker's Island annexation to the City of Kent. JOHNSON MOVED for the adoption of Ordinance No. 2066, Carey seconded. Motion carried. ZONING OF BLECKER'S ISLAND ANNEXATION The City Attorney introduced Ordinance No. 2067 zoning that area known as the Blecker's Island Annexation as R1-12 (Single Family Residential District) . STORMENT MOVED for the adoption of Ordinance No. 2067, Carey seconded. Motion carried. HEALTH & SANITATION Meadow Hills Sewer Service. It was noted that the Public Works Committee has considered further the proposed sewage pump station in connection with this re- quested sewer extension. The Committee has asked for data related to possible rate adjustment for all Kent customers now served by pump stations and for in- formation from other cities and agencies who have different rates for pump station and non-pump station served sewer customers. Horseshoe Acres Storm Water Pump Station Change Order. E. N. Cascade Constructors has requested a change order for additional work in connection with the installa- tion of equipment in the Horseshoe Acres Storm Water Pump Station. The requested change order was discussed with the Public Works Committee at which time authori- zation was granted, and, accordingly, JOHNSON MOVED that Change Order No. 2 in the amount of $2,724 for E. N. Cascade Constructors be approved, Storment seconded. Motion carried. Horseshoe Acres Storm Water Pump Station Equipment Installation. E. N. Cascade Constructors have completed the installation of equipment in the Horseshoe Acres Storm Water Pump Station, and the Engineering Department recommends acceptance of the project. JOHNSON MOVED to accept the contract as complete and that after receipt of the necessary releases from the State the retainage be released, McCaughan seconded. Motion carried. BIDS 80th Ave. Storm Sewer. A tabulation of bids for the construction of a storm sewer on 80th Avenue was presented to the Council. Ulett noted that it is recommended that all bids be rejected because of problems involved in the proposed storm drainage plan. He pointed out that the project has been enlarged from the original and that only $12,000 was budgeted for the original project. He noted that the engineer's estimate for the larger area was $19,817.00 and that while the lowest bid was $20,532.55, revisions would have to be made to the original plan. STORMENT MOVED to reject all bids on the 80th Avenue Storm Sewer project, Carey seconded. Motion carried. Johansen Request for Water Service. A request for outside water service has been received from Harry Johansen for a dwelling located on 120th Avenue S.E. south of S.E. 256th Street. CAREY MOVED that the request be granted, subject to the terms of Resolution No. 822, Storment seconded. Motion carried. Request for Sewer Service - Griffin. It was noted that Walt Griffin constructed a sewer extension at 132nd Avenue S.E. south of Kent-Kangley Road about five years ago and is now requesting service to a restaurant under construction at 27221 - 132nd S.E. The Public Works Committee has recommended approval subject to Resolu- tion No. 822 and late comer agreement payment. Accordingly, CAREY MOVED that the request of Walt Griffin be granted, subject to the above. Storment seconded. Motion carried. Cowart Request for Water Service. Walt Cowart has requested water service for a dwelling to be constructed between Hilltop Avenue and 94th Avenue S. north of James Street and outside of Kent. The property abuts Kent, but contains only 3/4 of an acre. Upon the recommendation of the Public Works Committee, CAREY MOVED that the service be granted without annexation but subject to Resolution 822. Johnson seconded. Motion carried. Bill of Sale - American Strevell, Inc. The Engineering Department has received the Bill of Sale and Warranty Agreement for the sanitary sewer line which was constructed in the vicinity of 80th Avenue S. to 84th Ave. S. and from S. 208th St. to S. 212th St. In accordance with the recommendations of the Engineering Department, KITTO MOVED to accept the Bill of Sale and Warranty Agreement and for the cash bond to be released upon the payment of any outstanding City bills against the project, Carey seconded. Motion carried. Request for Water Service - Rona Enterprises. Rona Enterprises has requested water service for three lots on 121st Place S.E. north of S.E. 272nd Street. The water system in the area is not sufficient to add new customers until after the 116th Avenue S.E. transmission line is constructed and the Public Works Committee has recommended denial of the request at this time. KITTO MOVED that the request be denied, Johnson seconded. Motion carried. Bill of Sale - Kent Scenic Park, Phase I. The Engineering Department has received the Bill of Sale and Warranty Agreement for the sanitary sewer line which was con- structed in the vicinity of S.E. 267th St. and 102nd Avenue S.E. In accordance with the recommendation of the Engineering Department, KITTO MOVED to accept the documents and for the cash bond to be released upon payment of any outstanding City bills against the project, Storment seconded. Motion carried. Bill of Sale - Kent Valley Industrial Park. The Engineering Department has received a Bill of Sale from Union Pacific Land Resources Corporation for the water mains, sanitary sewers, storm sewers, streets and appurtenances in the KVIP constructed in the vicinity of North 2nd Avenue to N. 6th Avenue and South 228th Street, and recommends acceptance of the said Bill of Sale. KITTO MOVED that the Bill of Sale for the improvements constructed in the Kent Valley Industrial Park be accepted and the cash bond released upon the payment of any outstanding City bills against the project. Carey seconded. Motion carried. PARKS & RECREATION Russell Road Park Phase II Construction Fund. The City Attorney introduced Ordi- nance No. 2069 creating a fund to be known as Russell Road Park Phase II Construction Fund. JOHNSON MOVED that Ordinance No. 2069 be adopted, Carey seconded. Motion carried. KENT DEVELOPMENT ASSOCIATION A letter has been received from Ted Strain, KDA Chairman, regarding pedestrian oriented improvements to the alleyway from Meeker to Titus between First and Second Avenue and asking the status of the proposed walkway development between Meeker and Gowe, adjacent to the Odd Fellows building. The letter also expressed concern about the status of sidewalk maintenance ordinances and further urged the City to cooperate in a thorough clean-up of downtown Kent. KITTO MOVED that receipt of the letter be noted and the letter referred to the Committee of the Whole, Carey seconded. Motion carried. TRAFFIC CONTROL Clark Avenue and Jason Avenue Traffic Diverters. It was noted that the proposed traffic diverters on Clark Avenue and Jason Avenue at Cedar Street have been dis- cussed with the local area residents and that the Public Works Committee recommends that the diverters be installed. $5,000 is budgeted from Federal Revenue Sharing funds for this purpose. CAREY MOVED that the installation of traffic diverters on Clark Avenue and Jason Avenue at Cedar Street be authorized, Johnson seconded. Mr. Gesler who resides on Prospect Street, opined that such diverters would force traffic to Prospect Street and to the street above. He referred to difficulty in getting through the street now when cars are parked on the street. Bill Anderson, also a resident of Prospect Street, referred to the number of small children who live on the street and the lack of necessary crosswalks on James Street. He suggested that when the traffic diverters are installed on Clark and Jason, the traffic volume would increase on Prospect and make conditions more hazardous. Reference was made to meetings held with residents of the area and members of the Engineering Department. Storment and Carey noted that Olson, the Traffic Engineer, was to take a traffic count both before and after installation of the diverters and it was determined that if such a count had not been made that it would be taken immediately before the traffic diverters are installed, as well as after. It was also determined that Federal Revenue Sharing funds are available, should it be determined that it is necessary to install like devices on other streets. McCaughan suggested that a similar situation could be found anywhere in the City and that the problem was not unique to the streets in question. Johnson noted that some of the problems on Jason and Clark were caused by extensive truck traffic. A roll call vote resulted in a tie, with Carey, Johnson and Storment voting against. Motion carried when the Mayor voted in favor. BUDGET 1977 Budget Amendments - Third Quarter. The City Attorney introduced Ordinance No 2068, amending the 1977 budget for the third quarter. It was noted that the items contained therein have either been approved by motion of the Council or recommended for approval by the Finance Committee. KITTO MOVED to adopt Ordinance No. 2068, Just seconded. Motion carried. PUBLIC WORKS DEPARTMENT Harold Hill Side Sewer. Storment stated that at a Public Works Committee meeting about six weeks ago, after an inquiry from a citizen, he asked the Public Works Director for specific background information concerning the side sewer permit issued to Harold Hill. The Committee then talked to various employees of the Public Works Department and as a result, Storment asked for an executive session of the Council. He noted that the City Attorney had advised that the matter should be discussed during a regular Council meeting, as a fact finding procedure. At Storment's request, Wickstrom described the location of the side sewer in question as approximately S. 190th Street across Springbrook Creek and northerly to approximately the Clark Boat Co. location. Upon Storment's questions, both Wickstrom and Sewer Superintendent Kristofferson gave background information on the matter, including their knowledge that there might be a problem in the future inasmuch as the sewer line would interfere with the grade planned for the proposed P-1 channel. It was determined that the Director of Public Works had authorized the issuance of the permit for the side sewer. Upon Storment's questions, Ulett explained that the construction of this sewer line was such that it could be used as a main trunk sewer line, and that it was done under a side sewer permit in order that the project could be expedited. He noted that Mr. Hill was no different than 900 of the developers--in a hurry and that the property was in the process of being annexed to the City, and Ulett clarified that it was never intended that the property would be served until it was annexed. Harris pointed out that the SEPA checklist for this project was circulated and that he had signed it and that this checklist took the place of an EIS. Ulett stated that there was nothing wrong with building a side sewer which can be accepted by the City at a future date, that the line was properly built, with easements, drawings, bill of sale, etc. He noted that the only difference was that this had not yet been submitted to DOE or Metro but that their approval was a semi-automatic procedure. He pointed out that he was concerned about the 5 year agreement and as to what would happen if the P-1 channel was built. He pointed out that he had contacted the Department of Hydraulics and that this Department had seemed to indicate the possibility of raising the channel from a few inches to a foot. He stated that the 5-year period for the agreement with Hill came from a meeting with Street, Mirk, Hill and himself, during which the best method of serving the area was discussed. Ulett further stated that after the Belknap Glass building was erected, the Exxon building was then constructed and was also served by the side sewer. This created the problem of having two side sewers connected together, but if the side sewer had been accepted as a main line trunk, this would not have been a problem. Another meeting was held and it was decided that there was no need to further delay Hill as it might take some time to resolve other problems. It was felt by those City people attending the meeting that this was a reasonable thing to do and that the City and the public were still protected. He noted that strictly speaking the connection of two side sewers was contrary to the ordinance but was not necessarily contrary to what the ordinance was trying to accomplish. Johnson stated that Hill had stated that he would rather pay the fine than heed the County's "stop work" order. On Carey's question, Freelove determined that the building permit had not been issued at the time construction commenced on the Exxon building, although appli- cation for it had been made. Freelove stated that the building was occupied under a temporary Certificate of Occupancy, and that the final certificate had not as yet been issued. Carey stated that he was concerned that the City would be obligated to move the sewer line at a cost of approximately $80,000 if the P-1 channel was put in place after the expiration of the five years. Mirk clarified that he was responsible for establishing the term of the agreement as five years, and that he considered this a reasonable amount of time. He noted that this agreement became a personal obligation of the Hills and that it protected the City while allowing the development to proceed. He pointed out that the City does not have the right to require reservations and setbacks, and to do so would be, in fact, inverse condemnation. He pointed out that the SCS channels have been under discussion for 11 years now and there is no guarantee that they will ever be built. He stated that there were two ways to serve the property with sewer lines and the engineers had decided that the route from the south was the best. Mirk stated that when we allowed Hill to cross the Springbrook Creek we made him respon- sible for the five year period stated in the agreement. Upon McCaughan's question, it was determined that this was not the only sewer line which would have to be moved if the P-1 channel became a reality in the future. Street pointed out that about seven years ago the City had accepted the responsibility for moving the sewer line on S. 228th. Mirk determined for Storment that a bill of sale does not have to be brought to the Council, but that the final acceptance of the line would be brought to the Council for approval. Ulett noted for Carey that the capacity of the line to the south of the Creek had been checked, and that it was ample for development of a certain portion of the Hill property. He pointed out that it was also possible to serve the property from the Cascade line, and that Cascade still intended to build the line. Just opined that the City had been accused of not cooperating with developers in the past and that this was an instance of trying to expedite things. Mirk stated that a lack of communication had compounded the problems in this instance and that the Council should take questions directly to the Department Head, not to the individual employees. If satisfaction is not gained through the Department Head, the matter should then be taken up with the City Administrator, and he clarified that the City Attorney was to be consulted for legal opinions on any questions. McCaughan noted that the problem would not have occurred if there existed a Compre- hensive Sewer Plan for the Valley. McCaughan defined the problem as a sewer line originally approved as a side sewer which was now considered a trunk line. It was generally agreed that the method of communication must be improved. Storment noted that the foregoing discussion came as a result of the Public Works Committee decision to review the background information, and that the Committee would further consider the matter. FINANCE McCAUGHAN MOVED that the bills received on or before November 18, 1977 and approved by the Finance Committee at its meeting to be held at 8:00 a.m. on November 30, 1977 be paid, Storment seconded. Motion carried. Claims approved by the Finance Committee at its meeting held November 15, 1977 are as follows: Current Expense $ 47,890.14 Parks & Recreation 18,353.72 Library 1,575.52 Streets 6,152.98 Federal Shared Revenue 36,477.18 Kent Commons Construction 94,841.94 Reith Rd/Military 1,247.13 101st SE/SE 256th Signal 8,409.38 Smith/Central to 4th 20.10 S. 180th/WVH-EVH 314.16 S. 212th/WVH Signal Constrctn 408. 30 124th WD Ill Reservoir 152.08 Equipment Rental 3,612.04 Housing & Comm. Development 484.87 Firemen's Relief & Pension 2,753.76 LEFF Disability 4,714. 34 Sewer 2,830.44 Water 11,149.13 Garbage 38,333.62 $279,720.83 Interest Bearing warrants 104th Ave. Street Improvement LID 281 Pacific Paving $ 39,782.91 Rainier National Bank 2,093.84 $ 41,876.75 K-Mart Sewers LID 282 Skip Jacobson Construction $ 6,179.63 $ 48,056.38 MEETING ADJOURNED: 11:00 o'clock p.m. Respectfully submitted, Marie Jensen, CMC City Clerk