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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/15/1978 Kent, Washington May 15, 1978 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. by Council President/Mayor Pro Tem Carey in the absence of Mayor Hogan. Present: Councilpersons Carey, Billie Johnson, Jon Johnson, Just, Kitto, Masters and McCaughan, City Administrator Street, City Attorney Mirk, Planning Director Harris and Public Works Director Ulett. Finance Director Winkle was not in attendance. Also present: Planning Commissioner Hamilton and URS representative Abed. Approximately 30 people were in attendance at the meeting. MINUTES MASTERS MOVED that the minutes of the regular Council meeting of May 1, 1978 be approved with the following corrections: "On page 11, Burlington Green Lease, line 4 referring to the charge for the lease should read $1.00 for the full term of the lease." and "On page 11, Bike Trail Agreement, line 5, should read 'May 8 workshop' rather than 'March 8 workshop." and that the minutes of the Special Meeting of May 8, 1978 be approved as printed, McCaughan seconded. Motion carried. PROCLAMATION Transporatation Week. A proclamation by Mayor Hogan declaring the week of May 14 through May 20, 1978, as Transportation Week in the City of Kent and May 19, 1978 as National Defense Transportation Day was read, urging all citizens to observe the week and day by honoring the men and women, past and present, of this industry. SUBDIVISION CODE Proposed Amendment - Section 1.4, Definitions of the Kent Subdivision Code. On April 25, 1978, the Planning Commission held a public hearing to consider amending Section 1.4, Definitions, Paragraph 32, Short Subdivision Committee, of the Kent Subdivision Code. The Planning Commission recommended that the subject section and paragraph be amended to read as follows: "The Short Subdivision Committee shall consist of one (1) Planning Commissioner; the Parks & Recreation Director; the Planning Director, who shall be Chairman; the Public Works Director, who may designate the City Engineer to sit in his absence with full voting power; and the Fire Chief, who may designate the Chief of the Fire Prevention Bureau to sit in his absence with full voting power." The public hearing to consider the Planning Commission recommendation was opened by Mayor Pro Tem Carey. There were no questions from the audience and no corres- pondence has been received. In response to McCaughan's question, Harris noted that the reason for amending the Code was to make provision for a Department head to appoint an alternate to attend meetings in his absence. There was no further discussion and B. JOHNSON MOVED that the hearing be closed, J. Johnson seconded. Motion carried. B. JOHNSON MOVED that Section 1.4, Paragraph 32, Short Subdivision Committee, be amended as recommended by the Planning Commission, McCaughan seconded. Harris explained for Masters that the Short Subdivision Committee meets two or three times per month to review subdivision applications and that the Committee had been in existence for about three years. He pointed out that the amendment would simply give the Committee the ability to have the necessary persons pre- sent at scheduled meetings. Motion carried. ZONING CODE Proposed Amendment - Section 3.12, Commercial Manufacturing, of the Kent Zoning Code. At a public hearing held on April 25, 1978, the Planning Commission recom- mended that Section 3.12.1, Principally Permitted Uses, (Commercial Manufacturing) be amended as follows: "6) Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure or total operation does not encompass more than 10,000 square feet of area. (ADD) The 10,000 square foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one 10,000 square foot manufacturing operation shall be permitted per lot. " "8) (ADD) Complexes which include combinations of uses, including a mixture of office, light manufacturing, storage and commercial uses." "9) (ADD) Restaurants." Section 3.12.4, Conditional Uses (Commercial Manufacturing) be amended as follows: "1) (DELETE) "Complexes which include a combination of uses, including a mixture of office, light manufacturing, storage and commercial uses. " ADD New 1) "Offices. " Mayor Pro Tem Carey opened the public hearing on the proposed Zoning Code amendment scheduled for this Council meeting. There were no questions from the audience and no correspondence has been received. JUST MOVED that the hearing be closed, B. Johnson seconded. Motion carried. KITTO MOVED that Section 3.12, Commerical Manufacturing, of the City of Kent Zoning Code be amended as recommended by the Planning Commission and set forth above, Just seconded. Motion carried. PROPERTY ACQUISITION POLICY Relocation and Acquisition Policy Addendum. The City Attorney has written an adden- dum to the City's Relocation and Acquisition Policy adopted by Ordinance No. 2037 on July 5, 1977, stating that Kent will comply with the relocation and acquisition requirements of any agency supplying project funds and recognizing that we may need to contract for relocation services. The Public Works Committee has recommended that the addendum be adopted. KITTO MOVED that the addendum drafted April 20, 1978 to the City's Relocation & Acquisition Policy as adopted by Ordinance No. 2037 dated July 5, 1977 be adopted, McCaughan seconded. Motion carried. STREETS 84th Avenue S. Right-of-Way Acquisition. It was noted that U.A.B. will fund costs for the construction of 84th Avenue S. from South 212th Street to South 192nd Street, including right-of-way acquisition, but cannot do so until the Legislature authorizes a bond sale, probably in 1979. U.A.B. will authorize the City to pro- ceed with property acquisition with Kent funds, with reimbursement to be made after the State bond sale. The Public Works Committee recommends proceeding with the right-of-way acquisition. MASTERS MOVED that acquisition of 84th Ave. S. right- of-way be authorized when U.A.B. commits to reimbursement, B. Johnson seconded. Upon McCaughan's question, Ulett noted that the street improvement costs would probably ultimately be paid by the property owners through an LID. Street further pointed out that a portion of this project is one that may be covered by the Kent GO Bond Issue money, which money could be used for an advance payment. Motion carried. State Transportation Plan. A series of meetings are being held by the Department of Transportation to develop a State Transportation Plan. This plan includes all methods of transportation. The hearing to consider the Kent area will be held in the Snoqualmie Room, Seattle Center, at 7:30 p.m. on Tuesday, May 16, 1978. Jon Johnson was designated as the representative from Kent. TRAFFIC CONTROL Traffic Diverters. A letter was read from Jack Atwood, Jr. , 602 Jason, expressing disappointment and concern over the removal of the traffic diverters on Jason and Clark Streets. MASTERS MOVED that the letter be made a part of the record, Just seconded. Motion carried. HEALTH & SANITATION LID 287 - 94th Place S. Sanitary Sewers. The Public Works Committee has reviewed the proposed sanitary sewer LID and the events leading thereto and recommends passage of the necessary resolution creating the Local Improvement District. The City Attorney introduced Resolution No. 843 creating the said LID and setting the public hearing date on the preliminary assessment roll for June 19, 1978. JUST MOVED that Resolution No. 843 be adopted, B. Johnson seconded. Motion carried. 201 Waste Water Facilities Plan. It was noted that a short report was given by Jess Abed of U.R.S. at the May 8 Council workshop on the 201 Waste Water Facilities Plan. He also reported that the final public hearing on the Plan will be held soon. WATER Buckley Request for Outside Water Service. A request has been received from Randy Buckley for water service to property on the west side of 104th Avenue S.E. at approximately S.E. 226th Street. There is an adequate Kent water line on 104th Avenue S.E. adjacent to the property. The Public Works Director has recommended approval of the request, subject to the provisions of Resolu- tion No. 822. Accordingly, JUST MOVED that the request of Randy Buckley for water service be approved, subject to Resolution 822, Kitto seconded. Motion carried. Scarsella Water Main Extension - EVH (S. 196th Street to S. 195th Street) . The Engineering Department has reviewed the Bill of Sale and Warranty Agreement for approximately 860 LF of 8" cast iron water main and appurtenances con- structed by Scarsella Brothers east of East Valley Highway, S. 196th Street to S. 195th Street, and recommend acceptance of the same. KITTO MOVED that the City accept the Bill of Sale and Warranty Agreement for the water main extension east of East Valley Highway between S. 196th Street and S. 195th Street and that the cash bond be released upon payment of any outstanding bills against the project, Just seconded. Motion carried. 208 Water Quality Plan. At the workshop held on May 8, 1978, the Council reviewed the formal statement that METRO requests be adopted by local govern- ments. This statement is intended to indicate to what degree Kent will par- ticipate with METRO in implementing the Water Quality Plan. B. JOHNSON MOVED that the City approve the formal statement for Kent's participation in the 208 Water Quality Plan and the City Attorney be directed to prepare a resolution adopting this formal statement, J. Johnson seconded. Motion carried. AIR POLLUTION Washington State Air Quality Implementation Plan. A letter was read from Wilbur G. Hallauer of the Department of Ecology urging support and cooperation of local governments in the Washington State Air Quality Implementation Plan to meet clean air standards. MASTERS MOVED that the letter be made a part of the record, Just seconded. Motion carried. URBAN DEVELOPMENT Phased Development Land Use. Street reported that at the special Council work- shop held on May 11 it was determined that the community wants to see the pos- sibility of the adoption of a program whereby development will not exceed the abilities of the City and its staff to react and copy with the development. He noted that Mayor Hogan will be providing additional information to the Council concerning this matter. A letter was read from Jay W. Krom, President, West Coast Machine Tools, Inc. , in regard to the steel warehouse being constructed by his company near the O'Brien School which was the subject of a recent newspaper article. MASTERS MOVED that the letter be made a part of the record, J. Johnson seconded. Motion carried. ANNEXATIONS Sewer District Annexation Proposals. Notices of two proposed annexations to the Cascade Sewer District have been received. One area is south of Lake Meridian and one is at S.E. 240th Street and 132nd Avenue S.E. Neither is near an area proposed to be served by the Kent system. Des Moines Sewer District proposes to annex the area from the Kent-Des Moines Road to South 240th Street from Pacific Highway So. to 32nd Avenue So. , all of which area is within the Kent City limits but which is not within Kent service capability. Contemporary Construction. The Council reviewed the proposed annexation with representatives of the area at the last work session. McCAUGHAN MOVED that the proposed annexation is acceptable, that assumption of the existing indebtedness is required, and that authorization is granted for the circulation of an annex- ation petition. J. Johnson seconded. Upon Kitto's question, Harris noted that he did not foresee any problems other than some chat may arise when zoning hear- ings are held. He also confirmed for McCaughan that the area is within the sphere of influence for Kent. Motion carried. Osborne Annexation No. 3. A petition for the Osborne No. 3 annexation has been received and certified as representing 750 or more of the valuation of the area. This annexation covers 80 acres along 104th Avenue S.E. and S.E. 260th Street and S.E. 264th Street. JUST MOVED that the petition be accepted, the filing of notice of intention to annex with the King County Boundary Review Board be authorized, and the Planning Commission be requested to begin the initial zoning process, B. Johnson seconded. Motion carried. Rowley Annexation The initiators of the Rowley annexation have asked to have the meeting with them rescheduled from May 22 to June 12, 1978. B. JOHNSON MOVED that the meeting with the initiators of the Rowley Annexation be held at 7:00 p.m. on June 12, 1978 in the Council Chambers, McCaughan seconded. Motion carried. KENT COMMONS Change Order No. 15. A change order has been requested for the Kent Commons Phase I construction to cover the handrails required by the Building Department, in the amount of $1,133. Also included in the change order request was the necessary trim around the microwave oven in the amount of $44 and oak mirror doors in the amount of $309. McCAUGHAN MOVED that Change Order No. 15 for the Kent Commons Phase I Construction be approved, J. Johnson seconded. In response to B. Johnson's ques- tion, Street noted that the oak mirror doors were for the room where dancing will be taught. Motion carried. PARKS & RECREATION Cumulative Reserve Fund. At a recent Finance Committee meeting it was suggested that the Cumulative Reserve Fund of the Parks Department be eliminated. The fund was started in 1968 with $500 per year being accumulated. The fund now totals $4,519. The Park Board went on record at their May 9, 1978 meeting to recommend that the fund be utilized for the development of Korry Field. It was noted that basically the contouring of Korry Field will be done in-house and a major portion of the monies will be utilized to pay the City of Kent's Equipment Rental fund. B. JOHNSON MOVED that the Cumulative Reserve Fund of the Parks Department be utilized for the development of Korry Field and that upon depletion of the fund balance Ordinance No. 1500 creating the fund be repealed in its entirety, McCaughan seconded. Motion carried. CABLE TV C.A.T.V. Ordinance. The City Attorney introduced Ordinance No. 2093 regulating the construction, maintenance and operation of a cable communications system within the City of Kent and conditions relating thereto. McCAUGHAN MOVED that Ordinance No.2093 be adopted, Just seconded. Motion carried. INTERLOCAL AGREEMENTS Interurban Trail Agreement. The Valley Cities and King County have been working for some time to develop a trail system along the Interurban right-of-way. King County has served as lead agency and has completed a contract with Puget Power for use of the right-of-way property. In addition, King County is asking all cities involved to sign a contract. It is the recommendation of the Parks Depart- ment that the Mayor be authorized to sign the Interurban Trail Agreement. JUST MOVED that the Mayor be authorized to sign the Interlocal Interurban Trail Agree- ment, J. Johnson seconded. Motion carried. A memo was read from the City Administrator regarding a meeting called by Speaker John Bagnariol of elected officials from Renton, Tukwila and Kent. The meeting concerns an urban alliance and legislation that will affect cities will be dis- cussed. The memo noted that the meeting will be held at 7: 30 p.m. on Tuesday, May 30, 1978 in the Kent Council Chambers. MASTERS MOVED that the memo be made a part of the record, B. Johnson seconded. Motion carried. CLAIMS William Monson, D.D.S. A claim has been filed against the City of Kent by William Monson, D.D.S. , for $89.74 for glass breakage in his fence. The glass was broken when a City of Kent police officer jumped over the fence in pursuit of a suspect. Mirk noted that after reviewing the claim, he recommended that it be paid directly and not referred to the insurance carrier. McCAUGHAN SO MOVED, J. Johnson seconded. Motion carried. HOUSING & COMMUNITY DEVELOPMENT 1978 Block Grant Program. At the last work session Raul Ramos reviewed the pro- posed Housing & Community Development Program for 1978. He noted that the $42,000 allocated for storm drainage may cover three target areas. MEEKER DAYS A letter was read from the Kent Meeker Days Parade Committee noting that the theme of the parade, which will be held on Sunday, July 16, at 3:00 p.m. , will be the "Valley of the Kings." KITTO MOVED that the letter be made a part of the record, McCaughan seconded. Motion carried. ARTS COMMISSION Resignations. The Mayor has received two letters of resignation from members of the Arts Commission, one from Marie Crew, who will be away from the Kent area, and one from Pat Crawford, whose busy schedule will not enable her to serve on the Commission. It was noted that Marie Crew's term will expire in October, 1979 and that Pat Crawford's will also expire at that time. JUST MOVED that the letters of resignation from Marie Crew and Pat Crawford be accepted with regret, B. Johnson seconded. Motion carried. BUDGET Amending 1977 Budget - 4th Quarter. The City Attorney introduced Ordinance No. 2094 amending the 1977 budget for transfers and adjustments made to various budgets during the 4th quarter of 1977. McCAUGHAN MOVED that Ordinance No. 2094 be adopted, Just seconded. Motion carried. 106 Percent Tax Lid. A memo from Council President Carey to Mayor Hogan and Council members was read recommending that a seven member citizen committee be appointed to study and establish the need for the 106% tax lid lift. The memo suggested that the committee should be established in June and members appointed at the June 5 Council meeting, which would give them the opportunity to go through the budget process with City officials, and hopefully a recommendation could be forthcoming from the Committee in September or October. MASTERS MOVED that the memo be made a part of the record and Mr. Carey elaborate further on his intentions, B. Johnson seconded. Carey clarified that he felt that citi- zens should become involved in the need for the tax increase as soon as possible. Motion carried. PRELIMINARY PLATS Cambridge East No. 3 Preliminary Plat. On April 25, 1978, the Planning Commis- sion held a public hearing on the Cambridge East No. 3 Preliminary Plat, a 21.4 acre, 78 lot residential subdivision which lies along 46th Avenue S. , immediately north of Cambridge East Div. No. 2. The Planning Commission recommended approval of the Preliminary Plat with conditions. B. JOHNSON MOVED that the Council set a public meeting date of June 5, 1978 to consider adoption or rejection of the Planning Commission's recommendation on the Cambridge East No. 3 Preliminary Plat, McCaughan seconded. Motion carried. Uplands Corporate Park Preliminary Plat. At the May 1 Council meeting a public meeting was held to consider approval of the Uplands Corporate Park Preliminary Plat. At that meeting, it was noted that the Planning Commission had recommended approval with the following conditions at the time of its March 28, 1978 hearing on the plat: 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 Avenue 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. At the time of the Council meeting on May 1 the developer requested consideration of a change in two of the conditions imposed by the Planning Commission, to-wit: Condition No. 2, requiring an 80' right of way for 72nd Avenue S, to be changed to a 60' right of way with 10' utility easements adjacent thereto, and the removal of Condition No. 7, which required sidewalks on at least one side of 72nd Avenue S. No disagreement was expressed by the developer on any other conditions imposed by the Planning Commission. The public hearing scheduled for this meeting to consider the changes requested was opened by Mayor Pro Tem Carey. Planning Director Harris reviewed the location of the proposed plat. Dave Uhrich of Upland Industries addressed the Council and referred to Condition No. 2 of the Planning Commission requiring that 72nd Avenue S. be an 80' right of way street. He asked for approval of a 60' right of way with two 10' utility easements on each side, thus giving the City a total of 80' for street construc- tion and to operate public utilities. He noted that the 80' requirement was in the Kent Subdivision Code but also referred to the section of the Code under which his company might qualify for an exception to the requirement. He noted that Section a) under these Exception Requirements reads as follows: "a) That there are special physical circumstances or conditions affecting said property such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use or development of his land." Uhrich reviewed the history of the alignment of 72nd Avenue S. and noted that his company had granted a 20' easement to Metro for the Auburn Interceptor Sewer, based on the contention that 72nd Avenue would include that easement. He noted that this was the location shown on the original Comprehensive Plan. He also pointed out that the easement would not have been granted had his company known that the alignment of 72nd Avenue S. would be changed. He then referred to the change in the Comprehensive Plan to allow Puget Power to construct their sub- station and opined that this change of alignment now made it impossible for a prospective client who wished to build on a large piece of property with rail service to do so, since the largest tract of land they could provide was about 6 acres. He stated that if the alignment had not been changed his company would not be requesting an exception but they were now of the opinion that they were being deprived of the ability to develop their land as originally intended. He referred to Condition b) under Exception Requirements, which states: "b) That the exception is necessary to insure such property the rights and priveleges enjoyed by other properties in the vicinity and under similar circumstances." and referred to the fact that the 80' requirement does not exist in all other areas, and suggested granting of their request was an equitable way to compen- sate Uplands for the problems which they have encountered by relocation of the street. Referring to Condition c) under Exception Requirements, which reads as follows: "c) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity, " he noted that the only other property in the area that is affected by the re- quested change is the Arden-Mayfair Plat, which consists of two Short Subdivisions, and the Puget Power property. He presented a letter which was read into the record from Harvey M. Anderson, President, Team Research & Engineering, regard- ing the Arden-Mayfair property which noted their approval of any location for 72nd Avenue S. and their willingness to participate in an LID for its construc- tion through their property. MASTERS MOVED that the letter be accepted, Just seconded. Motion carried. He opined that Arden-Mayfair did not consider the Upland request a detriment to their property nor would it impose any hardship on them. He referred to discussions with the City Engineering Department regard- ing the construction of the street within a 60' right of way with 10' utility easements on each side and opined that this would cause no problem to the City. He noted that construction of 72nd Avenue S. through the Upland Plat would tie in with the portion being constructed by Arden-Mayfair. Ulett noted for Kitto that a 60' right of way would allow the property owners to build buildings 10' closer to the lot line but would not affect utility construction. It was also determined that while an 80' right of way does exist in some portions of the street there is also a sixty foot right of way in others. He noted for Kitto that while a 60' right of way would be an inconsistency, it would present no problems to the City. In response to Carey's question he noted that no right of way has been acquired in the LID area as yet. He pointed out for McCaughan that the reason for the discrepancies in the right of way widths was because some of the right of way was acquired many years ago. Referring to Condition No. 7 of the Planning Commission regarding sidewalk construction on one side of 72nd Avenue S. , Uhrich noted that the Code does state that sidewalks may be required by the Council; however, he also noted that no sidewalks were required in the portion being constructed by Arden- Mayfair nor the Puget Power portion. He also pointed out that the sidewalk requirement did not exist in any other industrial park developments in Kent, including West Valley Industrial Park and Kent Valley Industrial Park. He suggested that to make this requirement for the Upland Corporate Park Prelim- inary Plat was an arbitrary decision and that if sidewalks were to be required in industrial park areas, it should be for all industrial parks and the require- ment made a part of the Code. In response to B. Johnson's question, Harris noted that the Planning Department has always requested sidewalks in new developments. Uhrich pointed out that a sidewalk in the Upland Plat would result in a sidewalk with no beginning or end, since there were no sidewalks on S. 228th and no sidewalks to the north. There were no further comments and B. JOHNSON MOVED that the hearing be closed, Just seconded. Motion carried. KITTO MOVED that the Upland Corporate Park Preliminary Plat be approved as pre- sented, including the conditions of the Planning Commission as listed, with the exception that Condition No. 2 be changed to "Provide a 60' right of way for 72nd Avenue S. and 10' utility easements" instead of 80' right of way, and that Con- dition No. 7 requiring sidewalks be eliminated. Just seconded. Motion carried. McCaughan stated that he wished to go on record as supporting an amendment to the Subdivision Code regarding the sidewalk requirements and setting some stand- ards with respect to industrial parks. J. Johnson concurred. Harris noted that the Planning Department has always been in favor of the requirement for sidewalks and noted also that this was part of the Planning Commission recommendation when the Subdivision Code was adopted. He noted that a directive from the Council for further study would enable the Planning Commission to hold public hearings and bring a more positive recommendation to the Council. McCAUGHAN MOVED that the Council give further consideration to the Subdivision Code requirement for sidewalks, J. Johnson seconded. Motion carried. REZONE Thorp. On April 25, 1978, the Planning Commission held a public hearing on an application filed by Russell Thorp for a rezone from R-1, Single Family Residential, to MR-H, High Density Multi-Family Residential, zoning. The subject property encompasses approximately 11 acres lying along the north side of S. 259th Street immediately west of 87th Ave. S. (extended) . It was the recommendation of the Planning Commission that the application as submitted not be approved, but that only the approximate 6.6 acre piece extending from the southerly property line to the 100 foot elevation be rezoned to MR-H, subject to the following conditions: A. Owner deed to the City of Kent, as a green belt, the remaining northerly portion of the subject property from the 100 foot contour line to the northeast line of the property. B. Owner execute a quit claim deed for the north half of S. 259th Street, adjacent to the subject property. C. Construction be allowed only on or below the 50 foot contour line. The public hearing was opened by Mayor Pro Tem Carey. Planning Director Harris pointed out the location of the proposed rezone area. He noted that the original application had asked that the entire area be zoned MR-H but the Planning Com- mission had recommended against this. Referring to the portion from the street to the 50' contour line he noted that the area consisted of approximately 4.42 acres; from that point to the 100' contour line there was approximately 2.61 acres. He noted that it was not likely that construction could take place above that line because of the extreme slope of the land and that approximately 3.91 acres remained. He referred to a section of open space area which was previously deeded to the City by the Anderson family and also referred to a por- tion deeded for green belt area by Wilma Jiles in connection with a development planned by her. He referred to a map entitled "Exhibit A" which showed the 50' contour line which has been straightened out. He then referred to the 100' line. He noted that approximately 281 units could be built in the area between S. 259th Street and the 50' contour line; the area between the 50' contour and the 100' contour line can be used to calculate this density but cannot be built upon--that is the recommendation of the Planning Commission. James Curran, representing the Thorps, addressed the Council. He referred to Condition "C" as set forth by the Planning Commission and covered by Exhibit A presented by Harris and noted that his clients were asking that the condition which requires that "Construction be allowed only on or below the 50' contour line be altered so that the line can be straightened as suggested by Harris. He suggested that Condition C be amended to read "Construction be allowed only on or below the 50' contour line, extending this line in a straight line from where it now turns south, in a southeasterly direction to the easterly boundary line of the Thorp property." Referring to Condition "A" requiring that the owner deed to the City of Kent, as a green belt, the remaining northerly portion of the subject property from the 100' line to the northeast line of the property, Curran noted this would require the Thorps to deed some four acres for a green belt. He pointed out that City staff had not asked for this type of deed in their recommendation and also noted that at the time of the Planning Commission hearing Mr. Thorp had stated that the condition should be removed. He pointed out that deeding this amount of property to the City would result in his clients losing about 400 of their 11 acres and that with the limitations regarding no building being allowed from the 50' line to the 100' line almost 2/3 of the property is limited in its use. He noted that his clients had valid financial reasons for being against the requirement to deed this portion of property and suggested that they be allowed the right to do so voluntarily at some future time if they chose. He also pointed out that for the Council to require deeding of the property could be considered arbitrary and capricious action on their part. He also noted that this particular portion of the property could prove to be a valuable asset to his clients if an apartment complex were built in the area, since it could be improved for nature trails or jogging trails, and that any recreational improve- ments near an apartment site were an attraction to prospective tenants. Kitto questioned why the requirement had been made by the Planning Commission for the Thorps, as well as for Mrs. Jiles. Harris clarified that the Jiles' portion was for an open space easement only and suggested that the person at the Plan- ning Commission who had suggested acquisition of a portion of the Thorp property had done so with a view to squaring off the City owned property lines. Masters referred to the total number of units which could be constructed, noting that figures used at the Planning Commission were different, and Harris determined that further calculations had revealed that there could be 281 units. Masters noted further that she agreed with Curran and expressed concern over the City forcing people to donate their property to the City, and stated that it was her recommendation that Condition "A" be deleted from the requirements of the Planning Commission. Harris determined that the land was possibly not suitable for even single family dwellings due to the slope, problems with water runoff and danger from slides in the area when ground cover was removed. McCaughan noted that he concurred with Masters and expressed the opinion that the Thorps should be given the option of donating the land to the City at some future time if they chose to do so. There were no further comments and B. JOHNSON MOVED that the hearing be closed, J. Johnson seconded. Motion carried. MASTERS MOVED that the recommendation of the Planning Commission that the approx- imate 6.6 acres of land extending from the southerly property line to the 100 foot elevation level be rezoned to MR-H; that the remainder of the property remain R-1 zoning; that the conditions imposed upon the rezone by the Planning Commission be AMENDED as follows: 1. That Condition "A" be deleted in its entirety; 2. That Condition "B" remain the same, which is "Owner execute a quit claim deed for the north half of S. 259th Street, adjacent to the subject property; 3. That Condition "C" be amended as follows: "Construction be allowed only on or below the 50 foot contour line, extending this line in a straight line from where it now turns south, in a southeasterly direction to the easterly boundary line of the Thorp property, as set forth on 'Exhibit A' , and that said 'Exhibit A' be made a part of the record. " and that the City Attorney be directed to prepare an ordinance rezoning the property when the conditions referred to have been met. McCaughan seconded. Just stated that he wished to disqualify himself because he was a next door neighbor and had a conflict of interest. Motion carried, with Just abstaining. SATURDAY MARKET Budget Approval, Business License & Liability Insurance. Street reported a proposed budget covering the Saturday Market operation by the Senior Center was distributed to the Council at this meeting. He suggested that the City Attorney be directed to prepare the necessary ordinance to amend the 1978 budget to include the Saturday Market income and expenditures. J. JOHNSON SO MOVED, Just seconded. Responding to questions from the Council, Helen Adams noted that as a bookkeeping procedure, the income and expenditures from the operation was being made a part of the Parks Department budget. Mirk clarified for Masters that the City was actually assuming liability for the entire operation by this procedure. Masters and Johnson both stated that it was not their understanding that the Saturday Market was to be con- sidered a City operation but that it was to be handled through the Senior Center merely as a convenience. While it was determined that the operation of the Saturday Market over the past three years has always resulted in a profit, it was pointed out that the City would be liable if there was a deficit. Just stated that the Market was definitely an asset to businesses in the downtown area but also expressed concern over the City's involvement. McCaughan concurred with Just but noted that it was his understanding that the Senior Center involvement was merely as a conveni- ence to the Market Board for a central location accessible to those persons who wished to participate in the Saturday Market, and that the City would not be finan- cially involved. Suzette Allen clarified that the Market Board was an advisory board to the Park Board and that the Market Manager was on the City payroll, and also noted that funds had already been deposited with the City from the operation. MASTERS MOVED to table the issue until further clarification was given to the Council regarding the operation. B. Johnson seconded. Masters noted that the operation as now set up was not as previously presented to the Finance Committee. Motion failed, with only Masters and Johnson voting in favor. McCaughan noted that he would also like some further clarification regarding the operation. Just questioned how the Market could operate if action were delayed until the next Council meeting. Street opined that in order to make the operation part of the City budget, an ordinance must be passed. B. Johnson questioned how the Market Manager was put on the City payroll without Council approval, and noted that this was not presented to the Finance Committee. Masters concurred and noted that it was her understanding that there was no monetary consideration involved. Kitto suggested that since no one seemed to be certain as to the City's involvement perhaps the matter should be tabled, and discussed further by the Finance Committee. Just stated that he would prefer to vote on the matter at this meeting. It was also determined that the operation could be discontinued if such a determination was later made. The original motion carried, with Masters and B. Johnson voting nay. Street also reported that the matter of serving food at the Saturday Market was also reviewed and a recommendation made to the staff that no home prepared foods be allowed. It was also determined that all food prepared must be done so in an approved kitchen by an approved person, that the person preparing such food must have insurance acceptable to the City Attorney and the City held harmless. Since the Senior Center has taken over the operation of the Saturday Market, a request has been made that the $9.00 fee for the business license be waived. Accordingly, JUST MOVED that the $9.00 business license fee for the Saturday Market be waived, J. Johnson seconded. Upon McCaughan's question, Street noted that the business license fee is pro-rated by the quarter. Motion carried, with Masters and B. Johnson voting nay. FINANCE B. JOHNSON MOVED that the bills received through May 18, 1978 and approved by the Finance Committee at its meeting of May 31, 1978 at 3 p.m. be paid, Just seconded. Motion carried. Claims approved by the Finance Committee at its meeting of May 15, 1978 are as follows: Current Expense $ 90,072.03 Parks & Recreation 20,944.18 Library 2,142.31 City Streets 18,472.26 Kent Commons Operating 1, 373.89 Federal Shared Revenue 35,674.12 Russell Rd. Park, Ph. II 1,800.33 Kent Commons, Ph. I Const. 4,470.86 UAB 12 Central Signal 26,790.56 Smith/Central to 4th 62.88 S. 180th/WVH-EVH 7.03 104th Ave. Street Imprv. 1,164.60 4th Ave. Signals 88.54 Kent Commons Ph. II Const. 50,914.95 West Hill Booster Pump 6,678.00 124th/WD Ill Reservoir 56,046.87 Equipment Rental 7,386.48 Housing & Comm. Dev. 22, 743.04 Arts Commission 162.26 Firemens Rel & Pension 33.45 Leff Disability 4,118.47 Sewer 10,212.02 Water 85,734.13 Garbage 50,922.14 $498,015.40 a Interest Bearing Warrants 124th/WD Ill Reservoir Chicago Bridge & Iron $146,000.00 LID 282 Skip Jacobsen Construction 23,521.46 $169,521.46 MEETING ADJOURNED: 9:45 p.m. Respectfully submitted, r+ Betty Gray Deputy City Clerk