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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/03/1978 Kent, Washington January 3, 1978 Regular meeting of the Kent City Council was called to order at 8:00 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, Fire Marshal Opel, Parks Director Wilson, Planning Commissioners Long and Williams, Councilman-Elect Johnson, and URS representative Ramsey. Approximately 40 people were in attendance at the meeting. MINUTES KITTO MOVED that the minutes of the meeting held December 19, 1977 be approved as printed, Carey seconded. Motion carried. PERSONNEL Awards. Mayor Hogan noted that two members of the Sewer Department, Nelden Hewitt and Glenn Caron, had earned certificates of completion of a program in the Operation and Maintenance of Wastewater Collection Systems offered by the California State University Office of Continuing Education. At her request, Public Works Director Ulett presented the certificate to Mr. Hewitt, noting that Mr. Caron was not in attendance. KENT COMMONS Sprinkler System. CAREY MOVED to have a sprinkler system designed for Phase I of the Commons so that an accurate estimate of the cost could be determined. Masters seconded. Carey stated that there was some question as to whether a sprinkler system would be required for Phase II. It was noted that Bower had submitted a memo tonight and he asked if Carey intended for him to engage the Grinnell Com- pany to do the designing. Carey confirmed this and clarified that the design was to be for a system which would be installed after construction. It was deter- mined that Bower's letter of December 19 estimated the cost for Grinnell's engi- neering service at $1650 plus $2500 as an estimate for the services of Bower & Nyberg. JUST MOVED TO AMEND THE MOTION to reflect that the cost was not to exceed $4150. Storment seconded the amendment. It was determined that there was more than this amount in the contingency fund for Phase 1, but that there were other items to be charged to this fund also. Johnson questioned the figure of $1100 quoted by Huff as charges to be made against the project for each week of delay, opining that such charges should be documented. Bower suggested that the timing for the project should be reviewed also. The question of whether sprinklering would be required for Phase II was introduced. Dave Ernst stated that the building could be constructed within the requirements of the Building Code without installing such a system. Street stated that the Building Department had advised that the sprinklering would be required in the gymnasium area in Phase II and in the arts and crafts area in Phase I, as this area was considered to be a stage. He conceded that the plans for both facilities had been signed off and approved by the City's former building official in error. Street stated that he had been trying to get the architect together with the Building Department to come to an agreement as to what is required under the Code. Chief Foster confirmed that the ICBO had been contacted and they had determined that the arts and crafts area in Phase I was considered to be a stage and therefore that portion of the building would have to have a sprinkler system. Bower stated that the intent of the use of the arts and crafts area should be studied before deciding that it is to be considered a stage. Wilson opined that it was not a stage--that it was a multi-purpose room containing different levels. Bower suggested that the City seek an independent interpretation of the Code. It. was determined by Bower that an 8" main would be required for a sprinkler system. Chief Foster stated that another hydrant was required by City ordinance behind the building regardless of the decision on sprinklering. JUST WITHDREW HIS AMENDMENT, Storment concurred. JUST MOVED TO AMEND THE MOTION as follows: That the cost for design not exceed $4,150, that these funds be taken from the unexpended general funds, and that the 1978 budget be so amended, Storment seconded. Just explained that he did not want to use matching funds, as these funds should be kept for matching purposes. The proposed amendment carried unanimously. Carey stated that as maker of the motion he would like to have the matter set aside until it is determined whether sprinklers will be required in Phase II or in any portion of the Commons. b C, Mirk suggested that Carey's motion not be acted upon until an interpretation of the Code is secured. Foster stated that his information had come from the interpretor hired by the International Building Code Officials organization and that he was perfectly willing to have an independent interpretation made. Street pointed out that Bower's letter of December 29 noted that there were many problems and that the contractor could work around these problems and construction would not have to be halted. He concurred with Mirk's suggestion that action on the motion be delayed. He asked that the Building Department and Bower go over the matter tomorrow, after which an independent opinion will be sought on an interpretation of the Code. JUST MOVED to table the matter pending more information. Johnson seconded. Motion carried. Street was directed to expedite the matter. The Clerk noted that a letter had been received from Allen Oakes regarding sprinklering of the Kent Commons and that copies were given to each Council member at the special meeting held on December 28. MASTERS MOVED that the letter be made a part of the record, Storment seconded. Motion carried. Phase II Preload. Paul Weber, Soils Engineer, has notified the Parks & Recrea- tion Department that City Transfer has completed the preload program for Kent Commons, Phase II site in accordance with the specifications. JOHNSON MOVED to accept the contract as complete and for the retainage to be paid after receipt of the necessary releases from the State. Carey seconded. Motion carried. Phase IIA and IIB. A letter was read by the Clerk from Donald L. Gould, LWP Division, U.S. Department of Commerce Economic Development Administration, noting that Phase IIA of the Kent Commons has complied with the required starting date of on-site labor. It was also noted that a duplicate letter has been received acknowledging that Phase IIB has also been started as re- quired. MASTERS MOVED that each letter be made a part of the record, Carey seconded. Motion carried. HEALTH & SANITATION _LID 280 - Hughes-Ulleland Sanitary Sewer. The City Attorney introduced Ordinance No. 2074 confirming the final assessment roll for LID 280. JOHNSON MOVED that Ordinance No. 2074 be adopted, Kitto seconded. Motion carried. Bill of Sale - Benson East. It was noted that the Engineering Department has received the Bill of Sale and Warranty Agreement for the sanitary sewers which were constructed in the Plat of Benson East. The plat is located outside the City limits of Kent, but within the franchise service area, and the Engineering Department recommends acceptance of the Bill of Sale and Warranty Agreement. In accordance with their recommendations, CAREY MOVED for acceptance and for the cash bond to be released upon payment of any outstanding City bills against the project. McCaughan seconded. Motion carried. Request for Late Comer's Agreement - Alexander Avenue. In conjunction with the extension of sanitary sewer and water liens on Alexander Street from 82 ' north of the centerline of Guiberson Street to 242' feet south of the centerline of Guiberson Street, Marie L. Miller has requested a late comers' agreement. The Public Works Committee has reviewed the proposal and recommends that the requested late comers' agreement be prepared. Accordingly, JOHNSON MOVED that the Alexander Street sewer and water late comers' agreement be prepared by the Public Works Department, Carey seconded. Motion carried. Request for Late Comers' Agreement - East Hill Tire, Inc. East Hill Tire, Inc. has requested a late comers' agreement in conjunction with the extension of the sanitary sewer main line in the vicinity of 25239 - 104th Avenue S.E. The Public Works Committee has reviewed the proposal and recommends approval. JOHNSON MOVED for the Public Works Department to prepare the agreement, Carey seconded. Motion carried. Request for Late Comers' Agreement - Old Orchard Shopping Center. In conjunc- tion with the installation of the off-site sanitary sewer in the vicinity of S.E. 240th Street and the Benson Highway, Roger M. Belanich has requested a late comers' agreement, which request has been reviewed by the Public Works Committee and approval for its preparation recommended. JUST SO MOVED, Carey seconded. Motion carried. WATER 76th Avenue So. Water Main. A petition for the formation of an LID for a water main on 76th Avenue South was introduced by the Clerk. CAREY MOVED that the petition be accepted and referred to the Public Works Committee, Johnson seconded. Motion carried. T !" Bill of Sale - 96th Avenue So. Water Main Extension. The Engineering Department has received the Bill of Sale and Warranty Agreement for approximately 85 linear feet of 6" cast iron water main and appurtenances constructed by Fred Squire in 96th Avenue South between James Street and South 241st Street and recommends acceptance of the same. McCAUGHAN MOVED that the City accept the Bill of Sale and Warranty Agreement and that the cash bond be released upon payment of any outstanding City bills against the project, Just seconded. Motion carried. Request for Late Comers' Agreement - Transco Pacific. In conjunction with the replacement of the water main in the vicinity of Horseshoe Acres (west side of 80th Avenue uth, extending across Transco Pacific property to 79th Avenue South) , Transco Pacific has requested a late comers' agreement. The Public Works Committee has reviewed the proposal and recommends that the late comers' agreement be pre- pared. JUST SO MOVED, Johnson seconded. In response to Storment's question, Ulett noted that a portion of this line was in the County and that the City's share as a late comer was fair. Motion carried. Request for Late Comers' Agreement - Kent Valley Motel. In conjunction with the installation of a new fire hydrant in the vicinity of 743 N. Central, Erwin & Ruth Frieg, owners of the Kent Valley Motel, have requested a late comers' agree- ment. In accordance with the Public Works Committee's recommendation, CAREY MOVED for the Public Works Department to prepare such agreement, McCaughan seconded. Motion carried. STREETS Bill of Sale - Parkside Plat, Division #1. The Engineering Department has received the Bill of Sale and Warranty Agreement for approximately 2,000 linear feet of asphalt concrete streets, together with curbs and gutters, storm drainage, side- walks and other appurtenances which were constructed in conjunction with the development of the Plat of Parkside, Division #1. The sanitary sewer and water lines were accepted by the Council on July 18, 1977, and the Engineering Depart- ment now recommends acceptance of this Bill of Sale and Warranty Agreement. KITTO MOVED that the City accept the Bill of Sale and Warranty Agreement for the Plat of Parkside, Division #1, for those improvements described therein, and that the cash bond be released upon payment of any outstanding City bills against this project. Carey seconded. Johnson questioned whether the area had been checked with regard to storm drainage, including the 7 day retention pond, and noted that a problem existed in the area with reference to water runoff. Ulett noted that there was no requirement for a 7 day retention pond--only that the rate of water flow is no greater than it was prior to development. Johnson requested that the matter be further investigated and MOVED to table acceptance of the Bill of Sale, McCaughan seconded. Motion carried. Bill of Sale - Uplands West Valley Industrial Park. The Engineering Department has received the Bill of Sale and Warranty Agreement for approximately 3735 linear feet of asphalt concrete streets, along with 7050 linear feet of 6" high cement concrete curb and gutters, 8 catch basins, 3 inlets and other appurtenances, and approximately 3180 linear feet of reinforced concrete storm sewers, manholes and other appurtenances. It was noted that the sanitary sewers and water lines were accepted by the Council on May 20, 1974. In accordance with the recommendations of the Engineering Department, JUST MOVED that the City accept the Bill of Sale and Warranty Agreement for the Uplands West Valley Industrial Park for the improve- ments described therein and that the cash bond be released upon payment of any outstanding City bills against the project, Carey seconded. Motion carried. RAILROAD CROSSINGS Gowe Street Railroad Crossing Supplemental Agreement. A supplemental agreement has been received from Burlington/Northern covering relocation of a signal neces- sary to allow Gowe Street to become a two-way street, with an estimated cost of $1952. CAREY MOVED that the Mayor be authorized to sign the said Supplemental Agreement, Just seconded. Masters questioned whether the City was certain that they wanted the street to become a two way street again. Mayor Hogan noted that the island had already been modified. Storment stated that he had asked the Traffic Engineer for a report. Motion carried. STREET VACATION Burke Avenue. The City Attorney introduced Resolution No. 838 setting February 6, 1978 as the date for public hearing on the petition to vacate a portion of Burke Avenue. JOHNSON MOVED for the adoption of Resolution No. 838, Carey seconded. Motion carried. COURTROOM LEASE King County - Kent. It was noted that the existing lease between King County and Kent for courtroom facilities is automatically extended unless a change is requested. The rental is $250 per month and it is recommended that the lease be extended at the same rate for 1978. MASTERS SO MOVED, Carey seconded. In response to Storment's question, Mirk noted that the $250 charge was sufficient to cover maintenance and increased costs since the Court has reduced the fre- quency of its use. Street suggested that consideration be given to increasing the rent during preparation of the 1979 budget. He noted that the amount was increased two years ago. Just concurred and suggested that the City should re- evaluate all the City rentals at that time. Motion carried. POLICE & FIRE STORMENT MOVED that the Council offer special commendation to the Police, Fire and Street Departments, and Medic-One personnel for their prompt response to the recent fire in Kent on New Year's Day. He pointed out that their efficiency helped save many lives and prevented the tragedy from being greater than it was. McCaughan seconded. Motion carried unanimously. PLANNING COMMISSION Resignation. The Clerk read a letter of resignation from the Planning Commission for Jon K. Johnson. MASTERS MOVED that the letter be made a part of the record, Johnson seconded. Motion carried. Mayor Hogan noted that names of candidates to fill the vacancies on the Planning Commission would be presented at the work- shop. It was noted that discussion had been held previously about restricting membership on the Planning Commission to residents of the City and Mayor Hogan asked that some indication as to the Council's feelings on the matter be ready for the January 9 workshop. Johnson and Carey agreed that Planning Commission members should be City residents. Kitto, Just, McCaughan, Masters and Storment opined that membership should be comprised of the existing ratio, with five City resi- dents and four outside residents. Masters stated that it was necessary to in- clude some individuals residing within the general sphere of influence. It was determined that the ratio would remain the same. PARKS & RECREATION Lake Fenwick Property Transfer. It was noted that the Parks Department has been approached by the Washington State Department of Game to explore the possibility of transferring the ownership of Lake Fenwick boat launching from the State Game Department to the City of Kent. The area joins Lake Fenwick Park on the South and would be an ideal addition to the Park. Transfer of ownership would allow the City to plan and develop the area in conjunction with the Comprehensive Park Plan for Lake Fenwick. KITTO MOVED that the Parks Department be authorized to negotiate with the Washington State Department of Game to transfer ownership of the Lake Fenwick Boat Ramp property to the City of Kent, Johnson seconded. Motion carried. Kent Memorial Park - Tot Lot Equipment Installation. It was noted that Vanco Recreation, Inc. has completed the tot lot equipment installation at Kent Memorial Park, and after review by the Parks & Recreation Department, acceptance of the said project as complete is recommended. JUST MOVED to accept the contract as complete and for the retainage to be released after receipt of the necessary clearance from the State. Carey seconded. Motion carried. CLAIMS Paul C. Anderson. A claim has been filed by Paul C. Anderson for an undetermined amount for injuries to his son, Jason, when a portable bookcase tipped over in the Library. KITTO MOVED that the claim of Paul C. Anderson be referred to the City's insurance carrier, Carey seconded. Motion carried. Ann St. George. A claim against the City in the form of a letter from Dobson, Houser & Dobson, Attorneys, was received alleging negligence in constructing the roadway and designating the crosswalk, and in inviting the general public to use the crosswalk, which leads to a dangerous situation, in the vicinity of 104th S.E. and S.E. 256th Street, Upon the recommendation of the City Attorney, JOHNSON MOVED that the City Attorney refer the claim filed on behalf of Ann St. George to the City's insurance carrier, Just seconded. Motion carried. Walter S. Craig and Janet Jean Taylor. It was noted that a Summons & Complaint was filed against the City of Kent, Morris Skagen, and Police Officers Byerly, Lutz, Reise, and their wives, for eviction of the claimants, Walter C. Craig and Janet Jean Taylor, tenants of property owned by the defendant Skagen. Upon the recommendation of the City Attorney, JOHNSON MOVED that the claim be forwarded to the City's insurance carrier, Carey seconded. Motion carried. PUBLIC WORKS DEPARTMENT Harold Hill Sewer. The Harold Hill Sanitary Sewer Extension (East Valley Highway - Vicinity of 192nd Street) was reviewed by the Public Works Committee and it is their recommendation that 1)said sewer is not to be accepted as a City main; 2) the connection of the Exxon Building (8655 South 187th Street) thereto be temporarily allowed via a special side sewer permit after receipt of the Metro and DOE approval of the existing sewer extension; and 3) upon sanitary sewers being extended south from 180th Street, the Exxon Building special permit be cancelled and connection to the northerly sewer be required. A letter from Mr. Hill was read requesting that this agenda item be postponed until he could meet either with the Public Works Committee on January 4 or with the Council at the work session on January 9. KITTO MOVED to table Council action on the matter for two weeks and to refer it to the Committee, Just seconded. Hill confirmed for McCaughan and Storment that there had been some confusion over his notification of past Public Works Committee meetings. Upon a roll call vote, the motion FAILED, with Carey, Johnson, Masters and Storment voting against, and Just, Kitto and McCaughan voting in favor. STORMENT MOVED that the recommendation of the Public Works Committee be approved, as listed above in the three items. Carey seconded. Just asked if these were also the recom- mendations of the Public Works Department. Ulett stated that it was not his recom- mendation and that he was in favor of further discussion on the matter, especially since Cascade Sewer District is now discussing building their line. He noted that if this motion passed this could result in the Hill property being included in an LID for a sewer to go to the north and the Cascade line would be going to the south. He noted that since the last Committee meeting Cascade's engineer had informed the City that the plans are 50% complete, that the Cascade line will be completed in 1978 and that they would seek joint participation with the City. It was determined that this information had been received by Ulett after the last Public Works Committee meeting, so the Council was not aware of it. CAREY MOVED TO AMEND the motion to include connection if an LID is formed, and stated that if the Cascade line runs through or near Hill's property it would be more reasonable for Hill to connect to that line, and he should be allowed to do this. Just seconded. Carey confirmed for Storment that this was an ADDITION to the motion, and would not change the three conditions listed in the recommendation. Mirk suggested that more information was needed, and that the entire Council should go over all of the facts with explanations from the Public Works Department, and complete engineering data from URS, before this seemingly punitive action was taken. JUST MOVED TO TABLE the matter to the work session of January 9, McCaughan seconded. The motion FAILED on a roll call vote, with Carey, Johnson, Masters and Storment voting against. Storment opined that the matter had been amply discussed already. At Just's request, Mirk clarified that the intent of Carey's amendment was that if there was no LID formed and if Cascade did not build their line, that there should be no further development of the property. The Council concurred with the clarifi- cation. CAREY WITHDREW THE MOTION TO AMEND. Mirk further clarified that the sewer line was not designed as a side sewer but that it was installed under a side sewer permit, so that it is legally a side sewer. STORMENT'S MOTION to accept the three part recommendation of the Public Works Committee CARRIED, with Kitto, McCaughan and Just voting against. Mr. Hill spoke from the audience, explaining the confusion over notifying him of the Public Works Committee meetings, stating that he felt he had not been properly notified. He pointed out that he had not been heard at this meeting either, and although he had asked to have the matter tabled, the motion had just been passed to approve the Committee recommendation. It was generally agreed that Mr. Hill should be allowed to speak on the matter, and JOHNSON MOVED to reconsider the matter. Just seconded. Motion carried unanimously. Mr. Hill read a letter he had sent to Assistant City Engineer Don Wickstrom on June 3, 1977, relating to the sewer line under discussion, a copy of which was then filed with the City Clerk. Hill stated that the Public Works Committee recommen- dation was impossible and not in the best interests of the property in the area. He stated that he had secured sewer easements, had built the sewer lines according to specificaitons, paid for inspections, and noted that everything was completed before connecting the Exxon Building. The matter of crossing the drainage ditch was handled properly through the City and the State agencies. He stated that the pipe is four feet below the bottom of the stream. With reference to the LID, Hill noted that he was the only one to gain, and that the LID process took a long time to accomplish. He pointed out that it was originally anticipated that Cascade's line would go through the area, and said that he couldn't understand the intent of the Public Works Committee's recommendation. If the City allowed Exxon to stay on the line, others should also be allowed since the line had the capability of serving all of the property. Hill stated that he had put the line in for $80,000, noting that an LID would cost about $341,000, to be paid by the property owners in the area, when they could use the existing line for approximately $50,000. Hill ob- jected to the acreage limitations, and stated a 15" line could handle all of North r=j Kent, and opined that industrial users do not use as much water as residences. He pointed out that this is a 12" line, and probably the channel would never interfere with it. He stated that he had a letter asking that he donate $1500 per acre toward the channel. It was determined that this letter was sent by the Chamber of Commerce. Upon Just's question, Ramsey stated that this 12" line could serve as a regular part of the City's sewer system and that it was adequate to allow other connections. He pointed out that side sewers are usually only 6" lines and meant to serve one home. Kitto expressed concern that the City might be liable for the expense of moving the line if the drain- age ditch goes through in the future. Hill stated that he had agreed to bear the expense of remedying such a possibility for a period of five years. Masters asked Hill why he didn't follow the ordinance covering side sewers right from the beginning. Hill stated that he was attempting to expedite the project and that everything was done to main line specifications, including passing inspection for a main line sewer. He pointed out that he thought the issuance of such a permit was an administrative decision. At McCaughan's request, Hill showed the map outlining the drainage basin as pro- posed with his line. Ramsey stated that the Comprehensive Plan indicates ways of serving the entire area and Ulett noted that the facilities plan shows the Cascade line as serving the East side of the ditch. Ulett clarified that Hill had secured all the proper permits from the City. He pointed out that the line has not been accepted so the City has incurred no liability, and that the five year agreement with Hill covered such liability. He noted that he would like to have more input about the status of both the channel, and the Cascade line, and stated that at such time as the Cascade line is built, the City would be asked to accept Hill's line as a trunk sewer. Johnson commented that Hill should be asking the City to correct the side sewer ordinance to cover a commercial permit for a 12" line such as this. After a short recess, STORMENT made the same MOTION. . . for the recommendation of the Public Works Committee to be accepted, including the three items outlined. Motion FAILED for lack of a second. JOHNSON MOVED to table the matter for two weeks, Carey seconded. Motion carried with Storment voting nay. It was determined that the matter would be discussed at the workshop of January 9, and scheduled for the regular meeting of January 16. Kitto requested that the applicable ordinance and maps be available on the 9th. Just asked that information be ready for discussion as to the pros and cons of accepting the line as a main sewer line. REZONE Okimoto Property. On December 13, 1977, the Planning Commission held a public hearing on an application filed by Bert MacNae for a rezone for the Okimoto property from RA, Residential Agricultural, to CC, Community Commercial, and MR-M, Medium Density Multi-Family Residential. Harris noted that the final Environmental Impact Statement had been filed and he pointed out the location of the subject property, consisting of approximately 27.93 acres, lying south of Meeker Street between Russell Road and 64th Avenue S. (extended) . He noted that ten acres at the northeast corner of this property is proposed for CC zoning and that the remaining 17.93 acres is proposed for MR-M zoning. Harris also noted that the Planning Commission recommended denial of the application, noting that their recommendation was based mainly on the matter of density and the traffic problems which could be created by the proposed development of the property. He referred to page 3 of the Environmental Impact Statement which explains the proposed two phase development of the property, Phase 1 to include a retail shopping center and multi-family housing units, and Phase 2, to ultimate development, to expand the shopping center and the housing units to maximum allowable development. The rezone proposed, MR-M, would permit up to 414 units. It was noted that plans call for residential development of 184 units. Harris pointed out that the City does have another type of zoning which would fit this particular residential development, MR-G, which provides for only 16 units per acre. He referred to the concerns over traffic problems at Meeker Street and Russell Road, and noted that the Public Works Department had recommended certain conditions if the rezone is allowed, as follows: 1) Deed 10 feet of additional right-of-way long West Meeker Street. 2) Deed a 25 foot radius at the corner of 64th Avenue S. and West Meeker Street. 3) Deed a five foot strip of Russell Road right-of-way and a 25 foot radius at the corner of Russell Road and West Meeker Street. lj 4) Improve to a 36 foot width with curb and gutter that portion of 64th Avenue S. from Meeker Street to the southernmost access to the property. 5) Improve to a 32 foot width with curb and gutter that portion of Russell Road from Meeker Street to the southernmost access to the Okimoto property. 6) Comply with drainage requirements of the King County drainage ordinance and provide 7-day storage. Harris noted that a letter from the King County Department of Public Works setting forth their comments and requirements regarding storm water drainage was on file. In response to Mayor Hogan's question, it was determined that the current RA zoning provides for one unit per acre or a total of 28 units. The public hearing was opened by the Mayor. Harris noted that the property was annexed in 1958 and zoned MA, Industrial Agricultural, in 1960, and that the southern portion of the property appears to have been later rezoned to C-3, General Commercial_, until the adoption of the Zoning Code in 1973, at which time it was classified RA, Residential Agricultural. Harris noted that through an error, Mr. McNae was of the impression that his property had been zoned C-3, but in fact it was not. He pointed out that only a portion of the area in question was zoned C-3 and that Mr. McNae's property was not included in this classification. Michael Brooks of Wilsey & Ham referred to the problem of the storm water retention and pointed out the location of the two holding ponds proposed for the area, noting that these holding ponds reduced the planned commercial area by approximately 30% and the residential area by about 200. He noted that the planned residential develop- ment proposal at present was for four-plex apartment units. Brooks stated that the Planning Department staff had recommended approval of the rezone with the recommenda- tions as proposed by the Public Works Department. He noted that at the October 25, 1977 and December 13, 1977 Planning Commission meetings a considerable amount of discussion was held regarding the past usage of the land as farmland. Brooks noted that Mr. Okimoto had been leasing the property for farming and that no one else appeared interested in farming the land. He noted that the sewer LID recently formed in the area would seem to indicate that development of the land for purposes other than farming was contemplated. He suggested also that the issue of preserving Valley farmland was not the basic issue, but rather that it was the anticipated traffic problems. Brooks opined the proposed development plans for the area were in keeping with the goals set by the Comprehensive Plan. He stated that full development of the area would not occur before 1987. Brooks introduced Chris Brown, Traffic Consultant for Wilsey & Ham, who noted that the State Highway Department has now advised that SR 516 will be completed, with work to begin in 1978 and a proposed completion date of 1980. He suggested that this would result in a diver- sion of a major portion of traffic from Meeker Street. He suggested that this infor- mation was not available at the time of the Planning Commission hearings. Ray McConnell, a resident of the Red Carpet Apartments, referred to the hazards in- volved now in attempting to enter Meeker Street from Russell Road and opined that further development would result in even more traffic congestion. He noted that while it was presumed by the developers that Meeker Street would become a three lane street this might not take place. He further opined that the Comprehensive Plan intended that this area be preserved for farm land and open space areas. He asked that the Council give consideration to all aspects of the Comprehensive Plan as listed in the Kent Planning Department staff report. John Long expressed appreciation to Harris and the representatives of Wilsey & Ham for their presentation of the facts surrounding the proposed rezone. In response to his question, Ulett noted that it was expected that SR 516 would end at South Central. Long suggested that the proposed widening of Meeker Street would be at least two years away and that there was extreme congestion now between the bridge and the downtown area. He suggested that some plan must be developed to save the land for agricultural purposes, noting that there only 800 acres of Valley land available for such uses, and each year the requests for rezones for commercial uses has increased. He suggested that if the present trend continues no farm land would be left in four years. He opined that this fact was enough for the Council to seriously consider an agricultural plan for preserving farmland. He also noted that granting the MR-M zoning, which would allow 414 units per acre, would not prevent the developer from following some other plan, and suggested that the increase in traffic volume from the proposed residential sites alone would create a serious problem. Don Knapp, a resident of the West Hill, expressed concern over the lack of water pressure in his area which has been caused by development on the West Hill and questioned how the problem would be solved if even more residential development was permitted on the Valley floor. He also noted that no one wished to farm in the area because of the increased taxes, but felt that it should still be pre- served. He further expressed concern that the proposed SR 516 completion might be three to five years in the future. Phyllis Lott noted that she had been a member of the Shoreline Management Committee some years ago and noted that while their main concern was with land 200' on each side of the River, the intent of the Committee was to preserve some land for open space and farming purposes. Bert McNae, applicant for the rezone, suggested that consideration be given to tangible concerns rather than intangibles as suggested by Ms. Lott. He referred to the fact that they had recently been assessed $45,000 for a sewer line and spoke of the increased taxes that the property owners are required to pay each year. He noted that Mr. Okimoto had been leasing the pro- perty for $100 a month and is the only person who has expressed an interest in farming in the area. He pointed out that he had purchased the property several years ago subject to the Comprehensive Plan which was in existence at that time which would have allowed for its development as presently contemplated and also noted that he was of the opinion that the land had been zoned C-3 at the same time as the adjoining property. He noted that new industries and the increased Boeing employment figures indicated that living accommodations should be made available for those employed in the area. He suggested that meetings will be held with the County to find some means of preserving the right of property owners to develop the land as they choose, without the imposition of more governmental controls. McNae determined that he had purchased the property in 1963 and that another Comprehensive Plan was in existence at that time. Tom O'Connell stated that the completion of SR 516 will resolve the traffic problem and noted the extreme traffic congestion on the East Hill at the present time. He concurred with McNae that no one wished to farm the land in question and that some years ago when he served on the Planning Commission this property was zoned Commercial and he was of the opinion that it still should be zoned in that fashion. He recommended that the Council grant the requested rezone. Harold Hill referred to some inconsistencies which exist regarding saving the farmland and suggested that this was not a viable use of this property, since no one was in a position to pay the taxes imposed on such property and maintain an income from a farming operation. He suggested that if the farmland in the Valley was to have been preserved, it should have been done several years ago. The Clerk read a letter addressed to Frank Okimoto from Bert McNae advising him of the discontinuation of the lease of the property for farming by Mr. Okimoto next year. MASTERS MOVED that the letter be made a part of the record, McCaughan seconded. Motion carried. In response to Kitto's question, Ulett explained that at the time of the Planning Commission hearings it was not known that funding would be available for the com- pletion of SR 516 but that it is now known that such funding is available, and further, that Bogart has advised that some FAM funds will be made available for which this project will qualify. He noted that while there is no absolute assur- ance that the City will get the funds, it appears that they will be available. Ulett said that some discussion has been held regarding the proposed Meeker Street improvement to five lanes or three lanes, and noted that while it was hoped that a five lane highway would be possible, the right of way for a three lane street exists now. Mayor Hogan noted that a meeting was scheduled with Bogart regarding the problems in connection with the completion of SR 516. There were no further comments or correspondence and JUST MOVED that the hearing be closed, Johnson seconded. Motion carried. MASTERS MOVED that the recommendation of the Planning Commission be accepted and the request for change of zone denied. MOTION FAILED for lack of a second. KITTO MOVED that the change of zones petitioned for be allowed, incorporating the six conditions imposed by the Public Works Committee on page 7 of the Planning Staff report, McCaughan seconded. Johnson noted that as a West Hill resident, her main concern had been with the traffic problems which might be created, but she felt that with the information on the completion of SR 516 this problem would be alleviated. She further noted for Planning Commissioner Long that the City was working with King County regarding the preservation of agricultural lands within the Valley area and it was expected that a determination would be made in July as to whether the matter would come to a vote. Long suggested that the City should not be waiting for King County to make a decision. ` Y7 iA Kitto noted that his major concern was also over the traffic situation but that he felt steps would be taken to handle the traffic problem which might arise. Masters expressed her opposition to the motion and opined that any information that has been received regarding the proposed street improvement is an estimate only and not guaranteed. She further stated that granting of the rezone would add to the chaos which already exists in the traffic on Meeker Street now. She opined that it was appropriate to reconsider the motion and hold it in abeyance until the City is assured that the traffic situation will be taken care of. McCaughan concurred with Johnson's comments. He noted that the City has rezoned property contiguous to that in question and that until such time as a solution to the problem of preserv- ing agricultural land, such as tax relief for those interested in farming, the developer should be granted the rezone for the property. He opined that steps were being taken to correct traffic problems which might arise. Mirk suggested that before the Council took a final vote to grant the rezone, con- sideration should be given as to how it was intended to proceed with the restric- tions to be imposed. He suggested that a contract should be entered into with the owner and developer of the property prior to passage of the actual rezone ordinance. Mayor Hogan noted that the motion made had incorporated the conditions with the approval and did not state that the ordinance should be prepared. McCaughan questioned whether there should be a restriction regarding the number of units allowed. Mirk stated that McNae would not be developing the land himself and that what McNae had presented was a concept. Harris questioned the possibility of the ordinance being passed and recorded without the conditions. Mirk pointed out that although the rezone ordinance on the Savidge property was passed, it has never been published or recorded, since the attorney representing the parties involved has failed to contact the City regarding the conditions placed upon the rezone. He suggested that an agreement should be obtained prior to passage of a rezone ordinance. Masters referred to her original motion to deny the rezone ordinance at this time until the questions surrounding the rezone were more clearly answered. She pointed out that there was no reason why the matter could not be tabled until the problems are resolved. MASTERS MOVED to table the motion to approve the rezone, Johnson seconded. Motion FAILED, with only Johnson and Masters voting in favor. Kitto's motion to approve the rezone with the conditions CARRIED, with Masters and Johnson voting against. KITTO MOVED that the City Attorney be directed to prepare the necessary ordinance for the rezone, Just seconded. Mirk opined that the conditions should be satisfied before the ordinance is adopted; that he should be authorized to come back with an agreement to tie down the property owner to the conditions imposed before the ordi- nance is passed. He opined that this was necessary for the City's protection so that the developer could not start work before the conditions are fulfilled. KITTO WITHDREW THE MOTION, Just the second. STORMENT MOVED that the City Attorney be directed to prepare an agreement containing the rezone conditions for the next Council meeting, Carey seconded. Motion carried. FINANCE Parks & Recreation Program Checking Account. The City Attorney introduced Ordinance No. 2075 establishing a special checking account to be known as the "City of Kent Parks Program Fee Clearing Account, " providing for payments into and disbursements from the account, and designating the persons authorized to issue checks against the account. STORMENT MOVED for the adoption of Ordinance No. 2075, Just seconded. In response to McCaughan's question, Winkle noted that establishment of the account would cut down on paper work and that it would be audited by the State along with all City accounts. Motion carried. McCAUGHAN MOVED to pay bills received through January 5, 1978, after approval at the Finance Committee meeting to be held at 8:00 a.m. January 13, 1978, Carey seconded. Motion carried. Claims approved by the Finance Committee at its meeting held December 30, 1977 are as follows: Current Expense $ 40,235.88 Parks & Recreation 4,951.34 Library 76,812.74 City Streets 9,759.40 Kent Commons Operating 10.13 Federal Shared Revenue 2,227.09 Kent Commons, Ph. I Construction 3,557.68 S. 180th/EVH-WVH 306.92 S. 212th/WVH Signal Constrctn 9,194.00 124th/WD 111 Reservoir 34,037.96 Equipment Rental 10,382.03 Housing & Comm. Development 1,256.53 Arts Commission 100.00 Firemens Relief & Pension 77.43 Leff Disability 2,078.72 Sewer 48,961.66 Water 10,330.71 Garbage 528.20 $254,808.52 Interest Bearing Warrants Kent Commons, Phase II Construction Kent News Journal $ 21.40 Bower & Nyberg 19,805.42 $ 19,826.82 MEETING ADJOURNED: 11:40 p.m. Respectfully submitted, Marie Jensen, CMC City Clerk