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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/01/1978 Kent, Washington May 1, 1978 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. Present: Mayor Hogan, Councilpersons Carey, Billie Johnson, Jon Johnson, Just, Masters and McCaughan, City Administrator Street, City Attorney Mirk, Planning Director Harris and Public Works Director Ulett. Councilperson Kitto and Finance Director Winkle were not in attendance. Also present: City Treasurer Drotz, Traffic Engineer Olson, Planning Commissioner Hamilton and URS representative Abed and Ramsey. Approximately 50 people were in attendance at the meeting. MINUTES JUST MOVED that the minutes of the regular meeting held April 17, 1978 be approved as printed, McCaughan seconded. Motion carried. PRELIMINARY PLAT Kent Vista Preliminary Plat. On March 28, 1978 the Planning Commission held a public hearing on the Kent Vista Preliminary Plat and recommended approval with the following conditions: 1) Planning Department work with the applicant to rename Vista Court, Vista Place, and S:E. 232nd Street. 2) Increase the right-of-way width of S.E. 232nd Street to sixty (60) feet. 3) Dedicate ten (10) feet of right-of-way on west side of plat for 112th Avenue S.E. as shown as preliminary plat map. 4) Make improvements as follows: a. S.E. 232nd Street paving thirty-two (32) feet with curbs. b. Vista Court and Vista Place twenty-eight (28) feet with curbs. C. Curb and gutter on east side of 112th Avenue S.E. adjacent to the plat with asphaltic concrete from the curb to the existing asphalt. Curb location to be based on a 36 foot street width centered on the present 40 foot right-of-way. d. Provide and install street name sign. e. Provide and install street lights. f. Construct sidewalk on 112th Ave. S.E. and on one side of interior streets. g. Provide and install street monumentation. h. Install water mains to meet fire flow requirements. i. Install sanitary sewer system discharging into the Garrison Creek sewer system. j. Install surface water drainage system meeting requirements of King County drainage ordinance. 5) Install streets, utilities and storm drains prior to construction. 6) Design and management of surface drainage systems should be planned prior to construction and implemented according to that plan. All water should be conveyed to a safe, non-erosive outlet. 7) Design and management of sub-surface drainage system should be planned prior to construction and implemented according to that plan. All water should be conveyed to a safe, non-erosive outlet. 8) All road designs should utilize available soils information. 9) All stockpiles of excavated soil should have erosion protection at all times. 10) An explanation of what is to be done with excavated soil should accompany the final plan. 11) That applicant gets easements to service properties south of the plat and west of the City reservoir site. The public meeting to consider adoption or rejection of the Planning Commission recommendations was opened by the Mayor. Planning Director Harris pointed out the location of the proposed subdivision as lying along the east side of 112th Avenue S.E. at approximately S.E. 234th Street encompassing 8.2 acres. He noted that 35 residential lots are proposed and that the property is presently zoned R-1 7.2, Single Family Residential (7,200 square foot minimum lot size) . Masters referred to the Planning Staff report regarding severe septic tank limitations and excavation restraints which exist in the area and questioned how this would affect the development. Harris noted that the area would be served by sewer service so no problems were anticipated. Referring to the drainage problems in the area, Harris noted that no problems would be created by this Plat. There were no further comments and no correspondence has been received. JUST MOVED that the meeting be closed, Carey seconded. Motion carried. McCAUGHAN MOVED that the Kent Vista Preliminary Plat be approved as presented, Just seconded. Motion carried. Upland Corporate Park Preliminary Plat. The Planning Commission, at its meeting of March 28, 1978, held a public hearing on the Upland Corporate Park Preliminary Plat and recommended approval with the following conditions: 1) All public utilities and the rail crossings meet the requirements of the Public Works Department. 2) Provide an eighty (80) foot right-of-way for 72nd Avenue S. 3) Full width improvements on 72nd Ave. S. and S. 227th Street with curbs and gutters. 4) Install street lights and street name signs. 5) Design and construct a surface water drainage system acceptable to the Kent Engineering Department, based on the King County Drainage ordinance and the SCS P-Channel System. 6) Rail crossings on 72nd Avenue S. be restricted to the general location as shown on Exhibit "A" (Map) or as otherwise authorized by the City Council. 7) Construct sidewalks on at least one side of 72nd Avenue S. The public meeting to consider adoption or rejection of the Planning Commission recommendations was opened by the Mayor. Planning Director Harris pointed out the location of the proposed preliminary plat as lying along the north side of S. 228th Street, between the West Valley Highway and the Puget Sound Power and Light Company right of way. He noted that the proposed plat is comprised of approximately 33 acres and that 12 industrial lots are proposed. He noted fur- ther that a portion of the area in question was the subject of a rezone hearing at the April 17, 1978 Council meeting, at which time approval was given to a change of zone from M-1, Industrial Park, to M-2, Limited Industrial, zoning for approximately 13.4 acres lying north of S. 228th Street, immediately east of 72nd Ave. S. extended. A letter was read from R. D. Uhrich, Upland Industries, objecting to certain recommendations made by the Planning Commission in its conditions for approval of the preliminary plat. Reference was made to condition No. 2 regarding the 80' right of way for 72nd Avenue S. and a request made that the Council grant a variance allowing 72nd Avenue S. to be constructed with a 60' right of way, incorporating 10' utility easements on each side of the street. Uhrich contended in his letter that the reduced right of way would not interfere with the ability to maintain and operate the street and utilities and would not be inconsistent with other segments of 72nd Avenue S. and in particular that portion of the street extending from S. 190th Street northerly, which portion also has a 60' right of way. Referring to the requirements of Condition No. 7 that sidewalks be constructed on at least one side of 72nd Avenue S. , Uhrich maintained that sidewalks were a requirement which have not been imposed within the development of other industrial park areas of the City. Specifically, he noted that the portion of 72nd Avenue S. extending from the north property line of the Upland Corporate Park to South 212th Street, which is proposed for construction under an LID, does not include sidewalks, and maintained that such a requirements for the Upland Corporate Park Plat was an arbitrary condition. The letter requested that the Council give consideration to amendment of the two conditions. JUST MOVED to accept the letter, Carey seconded. Motion carried. 231 Mayor Hogan pointed out that a request to change the conditions imposed by the Planning Commission, if such request was approved, would require that a public hearing be held. In response to McCaughan's question, Harris and Ulett determined that the 72nd Avenue S. right of way has been considered to be 80' but that some inconsis- tency did exist in the area of the Uplands West Valley Industrial Park, where the right of way was 60' . Harris determined for McCaughan that this was at the request of the developer. Responding to McCaughan's question regarding the necessity for an 80' right of way, Ulett noted that due to the number of utility services that are placed in the right of way area, 80' did not seem overly wide. He further pointed out that an attempt is being made to keep utilities, with the exception of sewer and water, in back of the curbs as much as possible to prevent tearing up the pavement to make repairs and/or improvements to such utility systems. Carey questioned the need for sidewalks in an industrial area. Harris pointed out that this requirement has been one that the Planning Department has always asked for, not only in industrial park areas, but also in new residential subdivisions. He referred to the various types of business which will go into the industrial park areas and pointed out the need for sidewalks for pedestrian traffic, and the need for requiring the developers to comply with this request. In response to McCaughan's question, Street noted that the easement areas could be used for the setback requirements, for such purposes as landscaping, parking or sidewalks. He pointed out the City requires these easements to allow access to the area to service water and sewer lines or underground wiring. There were no further questions and B. JOHNSON MOVED that the public meeting be closed, McCaughan seconded. Motion carried. B. JOHNSON MOVED that the Upland Corporate Park Preliminary Plat be approved as presented, Just seconded. McCaughan noted that he could not vote in favor of the motion since there was still a need for further discussion and Carey concurred. The motion FAILED with Carey, Just, McCaughan and Masters voting Nay and J. Johnson and B. Johnson voting in favor. CAREY MOVED that a public hearing on the Uplands Corporate Park Preliminary Plat be held on May 15, 1978, Just seconded. Motion carried, with J. Johnson voting nay. FIRE DEPARTMENT Smoke Detector Ordinance. A letter was read from B. Jaye Anno, Silver Spring, Maryland, expressing her appreciation to the Kent Fire Department, and particul- arly Steve Barber, for the assistance and kindness given Ms. Anno during her visit to Kent in February. The letter also referred to the passage of the recent Smoke Detector Ordinance by Kent and thanked Chief Foster and his staff for being instrumental in the passage of such an ordinance which hopefully will prevent tragedies such as experienced by Ms. Anne 's family. JUST MOVED that the letter be accepted and made a part of the record, with a copy to the Fire Department, Carey seconded. Motion carried. KENT HIGHLANDS Sanitary Landfill Site. A letter was read from Ginny Erdahl, 3911 Cambridge Court, regarding the problems with the Kent Highlands Landfill site and asking that the Council take the necessary action to close the site. JUST MOVED that the letter be accepted and made a part of the record, Carey seconded. Motion carried. KENT COMMONS Street referred to another change on the Kent Commons project and noted that he would be contacting the Council members in this regard shortly. FINANCE McCAUGHAN MOVED that the bills received through May 4, 1978, and approved by the Finance Committee at its meeting on May 15, 1978 be paid, Just seconded. Motion carried. SATURDAY MARKET B. Johnson reported that discussion was held at the recent Finance Committee meeting regarding the Saturday Market project and possible liability to the City. Finance Director Winkle will report to the Council on this possibility after further investigation. BUDGET Mayor's Salary. At the last work session, little discussion was held regarding the Mayor's salary increase request. The Mayor asked that a decision from the Council be forthcoming at this meeting. B. JOHNSON MOVED that the request of Mayor Hogan for a salary of $18,000 per year be denied, J. Johnson seconded. McCaughan stated that he wished to go on record as requesting that the Council look at the present form of government and possibly put the issue before the voters in the Fall, if a change is indicated. He suggested that the matter should be given further study before a decision is made. Motion carried. TRAFFIC CONTROL Jason and Clark Street Traffic Diverters. It was noted that Traffic Engineer Olson reported on the current traffic counts for Jason, Clark, and Prospect Streets and 94th Avenue S. and Hazel Avenue at the last work session. The Traffic Engineer asked that consideration be given to leaving the diverters in place until the completion of all the related projects, which will be in June or July, and also proposes to complete the diverters at this time. A petition was presented at the workshop signed by 40 individuals requesting consideration to reduce the traffic on Prospect Street back from its current 450 cars per day to 100. The Council now has at least three alternatives to consider: 1) Accept the Traffic Engineer's recommendation; 2) Direct that the diverters be revised so passenger cars and small trucks can go through, but large trucks would have a difficult time; 3) Remove the diverters; or 4) Consider other alternatives. JUST MOVED to discuss the matter of the traffic diverters, McCaughan seconded. Motion carried. Just stated that he would like to see the streets reopened but questioned whether this could be done in some other way than removing the diver- ters entirely. In response to his question, Mayor Hogan noted that alternate #2 referred to above was a possibility. Responding to questions from the Council, Street noted that the traffic had decreased considerably on Jason Street and that there was no material increase on the other streets in the area to equal the decrease in traffic volume on Clark Street. (At this point, Mayor Hogan left the meeting and Council President/Mayor Pro tem Carey conducted the remainder of the meeting.) Just questioned whether the truck traffic or the volume of traffic on Jason Street was the main problem, and in response to his question Mirk noted that trucks could not be prevented from using Jason Street unless a study was made to show that the street was being damaged by such usage. He pointed out that such a study had not been made and the only way truck traffic could be removed from the road at this point would be to prohibit all traffic. Street further clarified that the idea was to preserve the roadway from possible damage from heavy truck traffic. JUST MOVED that the traffic diverters be removed, McCaughan seconded. In res- ponse to B. Johnson's question, Street noted that any type of diverter would slow the area traffic down. B. Johnson then stated she was in favor of some sort of diverter to preserve the residential characteristics of the neighborhood, rather than removing the diverters completely. McCaughan noted that until such time as an overall policy is established and some guidelines set he was in favor of removing the diverters completely. Larry Storment addressed the Council and suggested that one possible solution to the traffic problem in the neighborhood was the installation of four way stop signs at the cross streets on Jason and Clark. Doug Kessler referred to the significant increase in traffic on Prospect Street where he lives and suggested that perhaps a diverter should be placed there also. He also noted the damage to Prospect Street caused by the increase in traffic. J. Johnson stated that he was in favor of removing the diverters and agreed with Storment that the four way stop signs on Jason and Clark Streets would solve the problem of truck traffic in the area. J. JOHNSON MOVED TO AMEND the motion to investigate the possibility of putting stop signs on Jason and Clark Street, Just seconded. Masters noted that she had not been in attendance when the Council voted to install the diverters and suggested that additional input from the community should have been received to resolve the problem. She indicated her support of Just's motion to remove the diverters and explore other methods of correcting the situation. On a roll call vote, the motion carried, with Carey, B. Johnson, J. Johnson, Just, Masters and McCaughan voting in favor. URBAN DVELOPMENT Phased Development Land Use. It was noted that this subject was not discussed at the last work session for lack of time and the Mayor has suggested that a work- shop for this purpose be held on May 11, 1978. A memorandum from the Mayor was furnished to the Council regarding various items which must be discussed. Accord- ingly, McCAUGHAN MOVED that a special workshop be held on May 11, 1978 at 7:00 p.m. for a study of phased development land use. Just seconded. Motion carried. ASSOCIATION OF WASHINGTON CITIES Convention Delegates. At the last Council meeting, Councilpersons Masters and B. Johnson were appointed voting delegates to the AWC Convention. Upon Just's question, Street noted that the third delegate could be an elected or appointed official. JUST MOVED that Margaret Drotz be appointed as a voting delegate to the AWC Convention in Yakima June 13-16, 1978. B. Johnson seconded. Motion carried. HOUSING & COMMUNITY DEVELOPMENT Kent Memorial Park Parking, Phase II. Valley Cement Construction, Inc. has com- pleted its construction of the parking lot at Kent Memorial Park and the Parks Department recommends acceptance of the project. McCAUGHAN MOVED that the con- tract with Valley Cement Construction, Inc. for the Kent Memorial Park Parking Lot project be accepted as complete and the retainage be released after the receipt of the necessary releases from the State, B. Johnson seconded. Motion carried. PARKS & RECREATION CORRECTED-REFER TO MINUTES OF 5-15-78 Burlington Green Lease. The Burlington Northern Railroad has submitted a pro- posed lease for the "Burlington Green" property with a proposed rental of $1 per year. The lease has been submitted to the City Attorney for his approval. JUST MOVED that the Mayor be authorized to sign the said lease, McCaughan seconded. Motion carried. Senior Center. It was noted that the Parks Department wishes to apply for a 75% matching grant under Title V Funding for Senior Centers under the Older American Act for the fiscal year 1979. The project to be funded consists of remodeling the restrooms at the Senior Center and would cost a maximum of $12,000. JUST MOVED that the Parks Department be authorized to apply for a 75% Title V Grant under the Older Americans Act to remodel the restrooms at the senior center to bring them in compliance with 504 Regulations regarding handicapped accessibility, and that up to $3,000 be budgeted in the Park Department 1979 budget for the local 25% matching share. B. Johnson seconded. Upon Masters' question, Street noted that this would not represent much of an increase to the Parks Department budget and pointed out that the Senior Center should have facilities for the handicapped and that the improvements were definitely needed. Motion carried. O Bike Trail Agreement. A meeting was held today by the Committee that developed 1116 the Bike Trail Agreement. Street reported that he had attended a portion of the w meeting and noted that further input was expected by the March 8 workshop. He referred to two items which were subject to more consideration--one being the Wo determination of how maintenance will be allocated and the other the clause F that refers to termination of the contract by either party. He stated that it W z was expected that these two items would be resolved by the workshop meeting. Og CITY HALL Rental Charges. City Hall rent charges were discussed at the last work session. Further input will be received from the Planning Department and a revised report given at the next Council meeting. ANNEXATIONS Ryan's Annexation. A notice of intention for this annexation has been received and certified as representing 10 percent or more of the valuation of the area. This proposed annexation is north of James Street in the vicinity of 94th Avenue S. and contains approximately 8.79 acres. JUST MOVED that a meeting with the initiators be held at the May 22 Council work session at 7:00 p.m. , B. Johnson seconded. Motion carried. Rowley's Annexation. A notice of intention for this annexation has been received and certified as representing 10 percent or more of the valuation of the area. This proposed annexation containing approximately 34 acres is south of S. 248th Street in the vicinity of 100th Avenue S. B. JOHNSON MOVED that a meeting with the initiators be held at the May 22 Council work session at 7:00 p.m. , McCaughan seconded. Motion carried. Air Injection Station Annexation. It was noted that the property acquired for the Air Injection Station to prevent hydrogen sulfide damage to our sewer lines is outside of the City limits on the Kent-Kangley Road. A combination of pro- posed State need for a portion of the property for right-of-way, together with normal setbacks required by King County, make the site unsuitable unless a variance can be obtained from the County. A faster alternative is to annex the parcel for municipal purposes and deal with Kent ordinances. The adjacent property owner will not willingly sell the City any additional land. The City Attorney has advised that a resolution is not needed for this action. To pro- ceed with the annexation, JUST MOVED that the City of Kent proposes to annex for municipal purposes the following described property: That portion of the north half of the Northwest quarter of the Southwest quarter of Section 28, Township 22 North, Range 5 East, W.M. , in King County, Washington, described as follows: Beginning at a point of intersection on the South margin of Kent-Kangley Road with the East line of said Northwest quarter of the Southwest quarter of said Section 28; thence south along east line 55 feet; thence westerly parallel with said south margin 50 feet; thence north at right angle to last described line 50 feet, more or less, to a point on the said south margin; thence easterly along said south margin 25 feet, more or less, to the true point of beginning. Situate in the County of King, State of Washington. Carey seconded. Motion carried. REZONES Jay K. Anderson. The City Attorney introduced Ordinance No. 2088 rezoning that property lying south of S.E. 248th Street, 1300 feet west of 116th Avenue S.E. , containing approximately 9.58 acres, and known as the Jay K. Anderson rezone from R-1 (Single Family Residential) to MRM (Medium Density Multi-Family Resi- dential) . McCAUGHAN MOVED for the adoption of Ordinance No. 2088, Just seconded. Motion carried. Team Research & Engineering and Upland Industries Corporation. Ordinance No. 2089 rezoning certain property lying north of S. 228th Street immediately east of 72nd Ave. S. extended and containing approximately 13.4 acres from M-1 (Industrial Park) to M-2 (Limited Industrial) was introduced by the City Attorney. JUST MOVED for the adoption of Ordinance 2089, B. Johnson seconded. Motion carried. Lynam Higgins. The City Attorney introduced Ordinance No. 2090 rezoning certain property located north of West James Street approximately 200 feet west of the West Valley Highway and containing approximately 1.04 acres known as the Lyman Higgins Rezone from GC (General Commerical) to MP.M (Medium Density Multi-Family Residential) . B. JOHNSON MOVED for the adoption of Ordinance No. 2090, J. Johnson seconded. Motion carried. McLean & Associates. Ordinance No. 2091 was introduced by the City Attorney rezoning that certain property located on the west side of Pacific Highway S. approximately 300 feet north of S. 240th Street from HC (Highway Commerical) to GC (General Commerical) and known as the McLean & Associates rezone. McCAUGHAN MOVED for the adoption of Ordinance No. 2091, J. Johnson seconded. Motion carried. FINANCE Inside Levy General Obligation Bond Issue. The City's bond attorneys have pre- pared an ordinance to authorize the sale of inside levy general obligation bonds. City Attorney Mirk introduced Ordinance No 2092, an ordinance of the City of Kent relating to contracting indebtedness; providing for the issuance and sale of $1,500,000 par value of "Limited General Obligation Bonds, 1978," of the City to provide a part of the funds with which to pay the cost of land acquisition and improvements for City park purposes and for the construction and improvement of City streets; specifying the maturities and fixing the form and maximum effective interest rate of such bonds; establishing a "Limited General Obligation Bond Fund, 1978," and two construction funds; and providing for the sale of such bonds. B. JOHNSON MOVED that Ordinance No. 2092 be adopted, Masters seconded. In response to McCaughan's question, Street noted that Foster & Marshall are the City's financial consultants and that the sale of inside levy GO bonds is done on a sealed bid basis. Carey referred to the fact that the ordinance referred to acquisition of land and improvements for "park purposes", not "City property" and stated that he wished to have the ordinance changed to refer to the land acquisition as "City property" . Mirk clarified that the ordinance as now written states that the bond issue is "to pay the cost of land acquisition and improvements for City park purposes", as well as the $1.1 million for street projects, and that the bond proceeds in the amount of $400,000 so designated Li v can only be used for a park purchase and improvements. Street clarified for B. Johnson that while all property is essentially City property the Korry Field, if purchased by this method, would be park property, and any change in the word- ing of the ordinance would require having it rewritten. B. JOHNSON WITHDREW THE MOTION to adopt the ordinance, Masters withdrew the second. At B. Johnson's request, Mirk determined that since the ordinance had been drafted by the City's bond attorney, George Mack, based on his understanding of the Council's intent from copies of Council minutes and other material furnished to him, it would not be possible to pass the ordinance at this meeting by changing the ordinance to read "City property". Storment spoke from the audience in opposition to the purchase of additional property for park purposes and suggested that the Council now had the opportunity to reconsider its previous action regarding Korry Field. Masters expressed the opinion that at the time of the Council discussions regard- ing the bond issue, it was determined that the street projects amounting to $1.1 million dollars would be financed through a bond issue. Street then clarified that the street projects and the purchase of Korry Field in the amount of $400,000 were then combined into one $1.5 million bond issue at the Council's direction and the City's bond attorney directed to prepare the ordinance reflecting such intent. Just voiced his support of the purchase of the Korry Field property and referred to the adjustments made to the fee schedules of the Parks Department to help finance the project. He noted that while he was in favor of referring to the property as "City property" he wanted it utilized for park purposes. In response to McCaughan's question, it was determined that a down payment had been made on the property. McCaughan further noted that while he had voted in opposition to the purchase of Korry Field when it was discussed by the Council, he felt that he was now obligated to support its purchase since it was a majority decision of the Council to do so. Mirk expressed the opinion that there never had appeared to be any doubt that the property would be used for anything other than park purposes. B. Johnson concurred with this, but stated she shared Carey's concern over having the ability to use the property for other than park purposes at some time in the future if needed. Mirk determined for Just that if the City , needed the property at some future time, it would be possible to acquire other property to use for a park. Street and Mirk again pointed out that the property is basically City property but if acquired with the proceeds of the bond issue - it would have to be used for a park. Mirk noted that changing of the ordinance would have to be done after consultation with the bond attorney. In response to. B. Johnson's question, Street clarified that only those park properties purchased - with Federal funds cannot be used for other purposes. He also noted that when -- the 20 year bond issue in question is paid off the property could be diverted to other uses if deemed necessary. Masters opined that Mirk had clarified to her satisfaction the reasons the inside levy GO bond issue monies had to be used as specified in the ordinance. J. Johnson noted that there had never appeared any question that the property would be used for anything other than park pro- perty and referred to specific plans for its development discussed by the Council. McCaughan concurred with Carey's request that the ordinance not reflect any reference to park use or park property and suggested that the ordinance be changed to refer to "City property with park permission to use it". After dis- cussion concerning the time factors involved, McCAUGHAN MOVED to table passage of the ordinance, Carey seconded. Motion carried with Masters voting nay. STREETS Reith Haul Road. At present the City Engineer has not received all the informa- tion necessary concerning the method of controlling surface water and potential siltation in Lake Fenwick. It is anticipated this information will be received before the next Council meeting. WATER West Hill Pump Station #3 and #4 Modifications. Swain Construction Co. has re- quested a change order for several changes in their contract resulting in a $2,600 decrease. This matter was discussed with the Public Works Committee at which time authorization was recommended. J. JOHNSON MOVED that Change Order No. 1 in a decreased amount of $2,600 be approved, McCaughan seconded. Motion carried. Kent Springs Water Supply Improvements. The Robison Construction Co. , Inc. has requested a change order for additional work in the amount of $894.25. Said work involves a water tap and standby time to re-engineer a section of line. This matter was discussed with the Public Works Committee at which time authorization was recommended. B. JOHNSON MOVED that Change Order No. 2 in the amount of $894.25 be approved, McCaughan seconded. Motion carried. 124th Avenue Reservoir--Schedule A. The Chicago Bridge and Iron Company has re- quested a change order for additional work in the amount of $450. Said work in- volves a retention basin at the 124th Avenue entrance road. This matter was dis- (j cussed with the Public Works Committee at which time authorization was recommended. McCAUGHAN MOVED that Change Order No. 1 in the amount of $450 be approved, Just seconded. Motion carried. FIRE PROTECTION Mutual Aid Contracts. Mutual aid contracts to furnish fire fighting response for structural fires have been drawn between Kent, Tukwila, Renton, Auburn, and District No. 31, District No. 30, District No. 44, District No. 43, District No. 40, and District No. 26. McCAUGHAN MOVED that the Mayor be authorized to sign the automatic response agreement with each of the above listed cities and fire districts. Masters seconded, motion carried. CLAIM Marringer. The City Attorney has determined and notified Mr. Marringer that his claim referred to at the last Council meeting was caused by a soft spot in a driveway left by a contractor installing a side sewer and thus the City had no responsibility. ENERGY CONSERVATION Electrical Energy Curtailment Plan. The Clerk read a letter from John Ellis, President of Puget Power, regarding a proposed electrical energy curtailment plan. Mike Webby has been designated as the City's representative. MASTERS MOVED that the letter be made a part of the record, McCaughan seconded. Motion carried. ARTS COMMISSION Kent Commons. The King County Art Commission proposes to enter into a contract with Kent to pay half of the cost of three circular weavings. The Kent Art Commission will pay half or $450 also, and will be the contracting agent. JUST MOVED that the Mayor be authorized to sign a contract with King County to accom- plish this project, McCaughan seconded. Motion carried. HEALTH & SANITATION Island Sewer L.I.D. #285. The Engineering Department is preparing a grant appli- cation for the West Hill Island Sanitary Sewers, L.I.D. #285. This matter has been discussed with the Public Works Committee at which time it was recommended the Mayor be authorized to sign the application. JUST MOVED that the Mayor be authorized to sign the grant application for the West Hill Island Sanitary Sewer, L.I.D. #285, B. Johnson seconded. Motion carried. L.I.D. #283 - S. 220th St. , S. 216th St. , and 72nd Avenue S. Street, Sewer and Water Improvement. The Public Works Committee has reviewed the proposed street, sewer and water L.I.D. and the events leading thereto and recommends passage of Resolution No. 842 which thereby creates the Local Improvement District. Said Resolution sets the public hearing date on the preliminary assessment role for June 5, 1978. B. JOHNSON MOVED that Resolution No. 842 be passed, Just seconded. Motion carried. Zamalloa Outside Sewer Request. Sewer service is requested for property on South 231st Street west of 100th Avenue S.E. The property has a failing septic tank and is too low for gravity service into the Kent system. A privately owned and oper- ated pump and side sewer can solve the problem. Approval for the service is recommended. McCAUGHAN MOVED that the sewer service be authorized, subject to the conditions of Resolution No. 822, Just seconded. Motion carried. Rainier Pacific Sewer Service Request. The Public Works Committee reviewed this request for sewer service in an area outside of Kent north of South 272nd Street and west of Military Road. The property is in the Lakehaven Sewer District and cannot obtain gravity sewer service by either Kent or that district. The Com- mittee recommends that Rainier Pacific deal with the sewer district and that Kent indicate willingness to contract with the district to receive a sewer pump station discharge into our system. JUST MOVED that the Committee's recommenda- tion be accepted, J. Johnson seconded. B. Johnson questioned the feasibility of annexation of this area in an attempt to square off a portion of the City's boundary line, since the property in question is adjacent to a recently annexed area to Kent. Ulett pointed out that the City does not serve the area with water nor can it provide sewer service and stated there seemed to be no logical reason for Kent to annex it at this time. He noted further that the Boundary Review Board may require the area to become a part of Federal Way at some future time. Motion carried. 1 CABLE TV C.A.T.V. Franchise Ordinance. Jim Hurd of Seattle presented a proposed C.A.T.V. franchise ordinance at the last work session. The ordinance appeared to be acceptable with one amendment to Section 21, wherein the Mayor would be designated in place of the City Administrator. Mr. Hurd also presented an alternate wherein the companies holding a franchise could not sell, lease, rent, service or repair radio or television sets. Don Mirk expressed doubt that such a restriction was legal. The staff committee that had worked on developing the ordinance had recom- mended against including this restriction. Joe Johnson, representing Teleprompter, said his company agreed with the franchise ordinance, but does not believe that the restrictive paragraph on TV repair should be in the franchise. Letters from Enos R. Rice and Mr. Murphy of King County Television Association were read urging the Council to include the paragraph restricting franchise holders from television sales, service or repairs. The present franchise of Teleprompter expires in 1980 and Clearview's franchise expires in 1983. Each has agreed to the cancellation of the present franchise and to apply for a new franchise. The attorney will verify this action in writing. It is the recommendation of the staff committee that since there is no way that the franchise holders could control television repairs, etc. , that the paragraph restricting franchise holders should not be included. JUST MOVED that the City Attorney be directed to prepare a franchise for C.A.T.V. ordinance which deletes a paragraph restricting franchise holders from sale or repair of television sets or radios, J. Johnson seconded. A letter was read from Ray M. Murphy regarding the no sales and service clause in the proposed ordinance. Mr. Murphy pointed out in his letter that the cable companies should be restricted to their intended business of distributing quality signal to the consumer via their cable system, rather than having the opportunity to monopolize an already established quality business of sales and service which would in effect put many small businesses engaged in that service out of business. JUST MOVED that the letter be accepted and made a part of the record, B. Johnson seconded. Motion carried. Attorney Daniel Ritter, represent- ing Mr. Murphy's organization, addressed the Council regarding the legality of including the clause in the ordinance. Masters stated that she intended to vote against the motion since she felt it would have an adverse effect on local small businesses engaged in the sales and servicing of television sets and radio receivers. John Kirk addressed the Council and noted that he was in the sales and service business and contended that the Council's decision would affect all small businesses such as his. Joe Johnson, of Teleprompter, noted that he was not in opposition to having the restrictive clause put in the ordinance at this time but would like the opportunity, if it was included, to appear before the Council at some time in the future if a decision was made to enter into the sales and service business for a hearing on the matter. Just opined that he did not feel it was in the best interests of the citizens of Kent engaged in this busi- ness to include the clause in the ordinance. Motion carried, with Masters voting nay. FINANCE Claims approved by the Finance Committee at its meeting of April 28, 1978 are as follows: Current Expense $127,522.17 Parks & Recreation 21,257.26 Library 425.00 City Streets 5,663.09 Kent Commons Operating 1,664.17 Federal Shared Revenue 30,957.57 Russell Rd. Park, Ph. II 4,805.71 Kent Commons, Ph. I Const. 9,480.95 104th Ave. Street Imprv. 6,994.04 Kent Commons, Ph. II Const. 11,760.95 Kent Springs Chlor. -Equip. 552.62 West Hill Reservoir Const. 4,032.12 East Hill Booster Pump 59.02 116th Ave. Trans. Main 2,252.09 124th/WD #111 Reservoir 5,264.34 Equipment Rental 5,247.43 Housing & Comm. Devlpmnt 561.94 Arts Commission 169.95 Firemans Rel & Pension 14.97 Leff Disability 1,250.43 LID #280 600.00 Sewer 51,902.98 Water 20,241.00 Garbage 527.04 $313,206.54 Interest Bearing Warrants Kent Commons, Ph. II, Construction Bower & Nyberg $ 6,360.48 MEETING ADJOURNED: 9:40 p.m. Respectfully submitted, „ v Betty Gray Deputy City Clerk Kent, Washington May 8, 1978 SPECIAL MEETING of the Kent City Council was called to order at 7:00 o'clock p.m. by Council Present/Mayor Pro Tem Carey, in the absence of Mayor Hogan. Present: Councilpersons Carey, B. Johnson, J. Johnson, Just, Kitto, Masters and McCaughan, City Administrator Street, City Attorney Mirk, Planning Director Harris, Public Works Director Ulett and Finance Director Winkle. Also present: Foster & Marshall representative John Urbina and URS representative Abed. FINANCE Inside Levy General Obligation Bonds. It was noted that discussion was held at the last Council meeting regarding the passage of an ordinance to authorize the sale of Inside Levy General Obligation Bonds. At that time the matter was tabled. McCAUGHAN MOVED that consideration of an ordinance authorizing the sale of certain inside levy general obligation bonds be removed from the table. B. Johnson seconded. Motion carried. The City Attorney introduced Ordinance No. 2092 relating to contracting indebt- edness; providing for the issuance and sale of $1,500,000 par value of "Limited General Obligation Bonds, 1978" of the City to provide a part of the funds with which to pay the cost of land acquisition and improvements for General City purposes and for the construction and improvement of City streets; specifying the maturities and fixing the form and maximum effective interest rate of such bonds; establishing a "Limited General Obligation Bond Fund, 1978" and two construction funds; and providing for the sale of such bonds. B. JOHN- SON MOVED that Ordinance No. 2092 be adopted, McCaughan seconded. Masters stated that she intended to vote against passage of the ordinance because a portion of the proceeds of the bond issue would be used to purchase Korry Field, which purchase she had opposed previously. Motion carried with Masters voting nay. MEETING ADJOURNED: 7:10 p.m. Respectfully submitted, f Betty Gray Deputy City Clerk