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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/21/1978 Kent, Washington August 21, is Regular meeting of the Kent City Council was called to order at 8. 00 o ' clock p.m. Present: ° Iy ,& rouncilpersons Carey, B. Johnson, J. Johnson, J1 ,il , a ,Caughan, City Admini- strator Street, City Attorney Mir;-,, 21a.... :;.g Director Harris, Public Works Direc tor Ulett and Finance Director Winkle. Council- person Kitto was not in attendance. Also present: Assistant Fire Chief Freelove, Planning Commissioners Hamilton and Williams, and URS representative Ramsey. Approximately 15 people were in attendance at the meeting. MINUTES B. JOHNSON MOVED that the minutes of the regular meeting of August 7, 1978 be approved with the following corrections : "A. Page 1, Mr. Andrews ' letter referred to the minutes of July 17 , 1978, NOT to July 5, 1978. B. Page 16, Medic 1 Financing - $3.00 per capita, NOT $300. C. Page 20, Grassi Zoning - " . . .Harris pointed out that a more rural type setting would result from MR-M zoning. . . " Change to MR-G zoning. D. The following items were omitted and should be added to the minutes of August 7, 1978: 1) FEDERAL REVENUE SHARED FUNDS On July 17, the public hearing to con- sider requests for Federal Revenue -- Sharing funds was continued to August 7, 1978. The Finance Committee has not completed its review and prioritization of the requests and will hold a Committee meeting on August 9, 1978 at 3: 00 p. m. for this purpose. JUST MOVED that the hearing on Federal Revenue Sharing funds be continued to the August 21 Council meeting. B. Johnson seconded. Motion carried. 2) LID 260 - BISYAK SEGREGATION REQUEST The City Attorney introduced Resolution No. 849 directing the Supervisor of Treasury Accounting to make segregation of Assessment No. 74 of LID 260 as re- quested by Jack Bisyak. MASTERS MOVED that Resolution No. 849 be adopted, B. Johnson seconded. Motion carried. " and that the minutes of the Special Council Meeting held August 14, 1978 be approved as printed, Masters seconded. Motion carried. _ HEALTH & LID 282 - K-Mart Sewers. The Public Works Com- SANITATION mittee has reviewed the contractor ' s proposal to bore West Valley Highway and West Meeker Street crossings in lieu of open cutting. The total costs thereof would be equivalent to the street restoration 'work for an open cutting operation or approximately $7, 223 .00. The Public Works Committee recommends proceeding on the boring basis. JUST MOVED that the City approve the change order submitted by Skip Jacobson Construction Company to bore the crossings of West Valley Highway and West Meeker Street, Carey seconded. Motion carried. HEALTH & Ince Outs-de Sewer Request. Mr. and Mrs. SANITATION Thomas Ince have requested sewer service for property at 22817 - 116th Avenue S .E. outside of Kent. ; .:e pror,_�rty is contiguous to Kent and is a pc _tion c area, lying east of the Park Mar Annexatio._ do logical annexation is possible. The service would be for a single family dwelling to be constructed and would consist of a side sewer connecting to the Park Mar system. No Boundary Review Board approval S is require.. for tr,• service. JUST MOVED that the request >e re,,,, awed by the Public Works Committee, John:lon seconded. Motion carried. Springbrook Interceptor Certification. Land- use compliance certification is required by Metro for any direct connection to their system and for a line passing through the area of another zoning jurisdiction. The proposed Cascade Springbrook Interceptor falls into this category. Council may make the certifica- tion or may delegate that certification to a representative department or division. Inasmuch as the Kent Planning Department is the advisor to the Council in such matters, it is recommended that the authority be delegated to that Depart- ment. JUST MOVED that the Kent Planning Depart- ment be delegated authority for land-use certifi- cations required by the Metropolitan Council /v0• --�023 Resolution No. -933--for the Cascade Springbrook Interceptor Sewer and for any other future pro- jects. Masters seconded. In response to ques- tions, Ulett noted that Cascade Sewer District must have the authority for their line to pass through Kent as the project could have some effect on the long range land use plans for Kent. He also determined that the Planning Director should be the one to make the decision as to whether or not it be allowed. Mayor Hogan clarified that no costs to the City were involved--that it was appropriate for the lines to pass through this area, and that it was necessary that it be through an area that was appropriately zoned. Ulett also referred to the fact that some of the land was referred to as open space or agricultural use land. Motion carried. WATER Water Main Bill of Sale - Universal Distributors 80th Place South & S. 188th Street. The Engi- neering Department has received the Bill of Sale and Warranty Agreement for approximately 1, 380 LF of 12" water main constructed by Hill Investment . Co. for Universal Distributors. McCAUGHAN MOVED that the City accept the Bill of Sale and Warranty Agreement for the water main extension and that the cash bond- be released after payment of any outstanding City bills against the project, Just seconded. Motion carried. 124th Ave. S .E. Reservoir (Kent/W.D. 111 Joint Project) Change Order No. 3. Chicago Bridge & Iron Company has' requested a change order in the amount of $1, 800 for lowering the access road to the tank approximately two feet. The Public Works Committee has reviewed the request and recommends approval of the same. JUST MOVED to approve the change order, B. Johnson seconded, motion carried. .j La WATER Kent Springs Wells , Pumps & Motors, Schedule B. H.D. Fowler Co. , Inc. has completed delivery of the equipment for the Kent Springs Wells consisting of two. pumps and motors under Schedule B. The Engineering Department recommends accept- ance of the said equipment contract. McCAUGHAN MOVED that the equipment contract of H.D. Fowler Co. , Inc. for the Kent Springs Wells, Schedule B, be accepted as complete and that after receipt of the necessary releases from the State, the retainage be released. Carey seconded. Motion carried. Deferred Payment in Lieu of Assessment. Don Lloyd, 10418 S .E. 264th Street, has requested deferred payment approval of $655. 20 to connect to the authorized plastic water distribution main to be installed in S.E. 264th Street. The policy was established by Council motion on March 1, 1976 and provides for payment over a 5-year period with 8% interest. CAREY MOVED that the request of Don Lloyd be approved with the March 1, 1976 policy to apply, Just seconded . Motion carried. Renton Emergency Water Intertie. Renton pro- poses a water main intertie between Kent ' s system and Renton ' s water system at S . 180th Street near the P. I.E. driveway. The intertie would provide a permanent means of exchanging water at that point and would*be used only for emergencies. The installation would be at no expense to Kent. The Public Works Committee recommends approval. J. JOHNSON MOVED that the recommendation be accepted, Carey seconded. Motion carried. _ STREETS LID 283 - Streets , Sewer & Water (S. 220th, S 216th & 72nd Ave . S . ) Soils Investigation. Five consultant proposals were received for the soils investigation work for LID 283. The Engineering Department reviewed the proposals with the Public Works Committee and recommends the selection of Roger Lowe Associates at an estimated cost of approximately $3 , 200. B. JOHNSON MOVED that the City accept the proposal submitted by Roger Lowe Associates at an esti- mated cost of $3 , 200 for the soils investiga- tion for LID 283 , Carey seconded. Motion carried. Right of Way Negotiation (LID 288) EVH Improve- ment (S . 212th - S . 192nd) . The City Attorney and City Property Manager have interviewed individuals to negotiate for rights-of-way acquisition along East Valley Highway from S. 212th to S . 192nd. It is their recommenda- tion that Dale R. Brunton be employed to do this work on an hourly basis . This project is UAB funded through appraisals . These costs will be a Y id b City funds but this will not P Y reduce the total UAB funds for the project. — JUST MOVED that Dale R. Brunton be employed to negotiate purchase of rights-of-way for the East Valley Highway Improvement project (S . 192nd - S . 212th) , Carey seconded. Motion carried. LID 281 - 104th Ave S .E. Street Improvement Project (S.E. 252nd - S .E. 260th) . The City Attorney introduced Ordinance No. 2110 approv- ing and confirming the Final Assessment Roll for LID 281, which was created for the purpose of improving a portion of 104th Avenue S .E. MASTERS MOVED for the adoption of Ordinance No. 2110, Carey sccondcd. Motion carried. :i'10 Meeker S was read from S .P. Backus , 1i:;0! w. meeker Street, #32, complain- ing about the condition of the street and asking that repairs be made. MASTERS MOVED that the letter be accepted and referred to the Public Works Commi-utee, Just seconded. Motion carried. STREETS SR 516 Completion. Mayor Hogan reported that attempts at negotiation were still going on between the Department of Transportation and I. County regarding the county ' s refusal to accept the parcel of land previously offered by the Department of Transportation. She noted that attempts were now being made to trade some property located in the southern part of the County to see if this parcel could be designated for agricultural use. She noted that representa- tives of the Department of Transportation are reluctant to, apply for another Shoreline Permit as they did not feel it appropriate to challenge another governmental agency decision with re- gard to agricultural land preservation. She also noted that the City cannot intervene at this point either. She pointed out that the time has expired for the Department of Trans- portation to make an appeal on the denial of the Permit so it would be necessary for them to reapply. She asked that the Council voice their opinion as to whether they wished her to continue her efforts to work with both agen- cies to try to reach a settlement in the matter. Just, Carey, B. Johnson, Masters and McCaughan voiced their support of the Mayor ' s efforts, and Masters pointed out that the road has been planned for several years and is needed. It was determined for McCaughan that the moratorium on land development had expired as of July 1, 1978. Masters noted that discussions are taking place at the King County Council level regard- ing the agricultural ordinance as to the amount of the bond ordinance funds to request when the issue is placed on the ballot. J. Johnson noted that while he was in opposition to the project he would go along with the majority and ask that the Mayor seek all avenues to get the highway completed. Street Department. A letter signed "A Christian with a clear conscience" was read, which letter enclosed a money order for $22.00 to . cover the replacement of a barrier, light and some batteries stolen from the Street Department several 'years ago. MASTERS MOVED that the letter and money order be accepted, Carey seconded. Motion carried. STREET Vacation of Portion of S.E. 260th. The City VACATIONS Attorney introduced Resolution No. 850 setting . the public hearing date for September 18, 1978 for the proposed vacation of a portion of S .E. (S .E. 260th) 260th Street. McCAUGHAN MOVED that Resolution No. 850 be adopted, Just seconded. Motion carried. S. 206th Street. On July 5, 1978 the Council: adopted Resolution No. 846 which set this date for the public hearing on the vacation of a portion of S . 206th Street. Input has been received by the Planning Department from the various City Departments and the Planning " Department recommends that the request to vacate the portion of S. 206th Street be approved with the following condition: (S. 206) "Retain utilities and drainage easement. " Street noted that the valuation of the property for vacation purposes has as yet not been deter- mined but suggested that approval of the street vacation be given subject to approval of the valuation figure . The public hearing was opened by the Mayor. There were no comments from the audience and no correspondence was noted. CAREY MOVED that the hearing be closed, McCaughan seconded. Motion carried. MASTERS MOVED that the attorney be directed to prepare an ordinance vacating a portion of S . 206th -- Street after receipt of the proper payment, Carey seconded. Motion carried. S . 192nd Street. The City Council adopted Resolution No. 847 on July 5, 1978 setting (S. 192nd) the public hearing date for this meeting for vacation of a portion of S . 192nd Street. All necessary departments and divisions have provided input to the Planning Department which recommends that the vacation request be approved with the following condition: "Retain utilities and drainage easements . " It was determined that the valuation of the property has not been determined but that Uplands may trade other property in lieu of payment. The public hearing was opened by the Mayor. There were no comments from the audience and no correspondence has been (S. 192nd) received. B. JOHNSON MOVED that the hearing be closed, Masters seconded. Motion carried. MASTERS MOVED that the City Attorney be directed to prepare an ordinance vacating a - - portion of S. 192nd Street and recording the ordinance after payment or a trade of land is approved by the Council, B. Johnson seconded. Motion carried. TRAFFIC B. Johnson asked Mirk whether the present "No CONTROL Parking" ordinance restricts parking on the South side of Meeker Street, noting that large trucks parking there were presenting a haz- -ard. - . Mirk noted that the present ordinance restricts parking on the North side only and it was determined that the matter would be reviewed. SIDEWALKS Highridge #3 and #4. Jim Chandler, Building Director, has reported that he has notified each individual involved in the sidewalks pro- ject in Highridge Divisions #3 and #4 in an attempt to have the walks repaired and cleared of extraneous material prior to the time school begins. SUBDIVISION Amendment - Section 3 . 2. 3 (Sidewalks in Industrial CODE Subdivisions. On July 25, 1978 the Planning Commission recommended to the Council that Sec- tion 3. 2. 3 of the Subdivision Code be amended to read: "All industrial arterial (90 ' right-of-way) , industrial collectors (80 ' right-of-way) , and commercial streets (60 ' right-of-way) shall have sidewalks a minimum of five feet in width, on both sides. All industrial and commercial access streets which are also :1 SUBDIVISION ' through' streets snail have sidewalks a CODE minimum of five feet in width, on one side. " The public hearing before the Council scheduled for this meeting was opened by the Mayor. David Uhrich, Uplands Industries, requested that the Council postpone the hearing for two weeks since he had just received word of the hearing today and since his Company owned approximately 1, 000 acres of land which would be affected. Harris noted that the Council had requested that the Planning Commission consider the amendment about two months ago; that the Planning staff recommendations were -- accepted by the Planning commission. He pointed out that the present wording of the Subdivision Code says that the " . . .Council MAY require sidewalks ; and that it has been found that when the word "may" is used the improvements never take place. He also pointed out that the Council may not agree with the staff ' s recommendations as to the proposed amendment. Harris also referred to . recent street improvements in the Valley where no sidewalks were required and that trails along the edge of the road for pedestrians had resulted. In response to McCaughan ' s question as to whether the requirement to have sidewalks on both sides of the street was con- . sistent with what was being done in other cities, Harris noted that urban arterials have sidewalks on both sides and referred to . specific examples . He noted that' most cities have much smaller industrial areas than those in the Valley. In response to Masters ' ques- tion, Uhrich noted that he could not responsibly say that sidewalks should not be put into industrial developments and that if it was _^ determined they were warranted, they should be installed. Harold Hill noted that because of the present zoning in industrial parks foot traffic is precluded since no commercial sales outlets or restaurants were allowed and there was, therefore, a minimum amount of pedestrian traffic. He noted that Renton does have a sidewalk ordinance but that its enforcement was inconsistent. He, too, noted that he had only learned of the proposed hearing this afternoon and also wished more time to con- sider the matter. He referred to the addi- tional expense to the development of any industrial park if the requirement were imposed. Masters referred to Andover Park and noted that they do not have sidewalks, but have allowed commercial sales and restau= rants in the area. B. Johnson noted that she was employed in the Valley and noted that people were spending more time walking out- side during their lunch breaks and that a need for sidewalks did exist. Hill also explained that he was not opposing sidewalks but merely asking for additional time to consider the proposed amendment. Uhrich noted that the City of Tukwila has adopted a sidewalk policy with regard to Andover Park West but also pointed out that commer- cial and retail sales were allowed in this development. There were no further comments and the Clerk noted that no correspondence had been received. B. JOHNSON MOVED that the hearing be continued to September 5, 1978 to allow for additional public input, Carey seconded. Motion carried. METRO Kent-Des Moines Park & Ride Lot. A letter was read from the Clerk of the Metro Council thanking Mayor Hogan for chairing the public hearing on Wednesday, September 27, 1978, at 7 : 30 p.m. at Grandview School to hear public . comments on this proposed facility. MASTERS MOVED that the letter be made a part of the record, Carey seconded. Motion carried. ANNEXATIONS Gai No. 2 Annexation. The King County Boundary Review Board has reconsidered their action on the Gai No. 2 Annexation and set a public hearing for September 28, 1978. The Board had notified the City that the action was deemed �-' approved on May 21, 1978, following which the area was annexed by Ordinance No. 2095 and zoned by Ordinance No. 2096. Mirk responded to questions from the Council by noting that the (GAI NO. 2) annexation informatkon referred to Fire Dis- trict #37, when in fact it should have made reference to Fire District #29. He noted that the laws require that the Boundary Review Board has 60 days within which to invoke juris- diction and if such occurs, a hearing must be held. He noted that this was not done during the time period required but that the Boundary Review Board has now decided to hold the hear- ing at the request of Fire District#29. Ryan No. 2 Annexation. A notice of intention for this annexation ha s been received and representing 10% or more of the as g certified p (RYAN NO. 2) valuation of the area. B. JOHNSON MOVED that a meeting with the initiators be held at 7:00 o ' clock p.m. at the September 25 work session, Carey seconded. Motion carried. ~ Uplands Annexation. Notice has been received from the King Count Boundary Review Board _.._. y oundar approving the Uplands Annexation. Planning Director Harris pointed out the location of the proposed annexation encompassing approxi- (UPLANDS) mately 215 acres lying between the Green River and the West Valley Highway, north of S. 196th Street. The public hearing was opened by the Mayor. There were no comments from the audi- ence and no correspondence has been received. MASTERS MOVED that the hearing be closed, Just seconded. Motion carried. McCAUGHAN MOVED that the City Attorney be directed to prepare an ordinance approving the annexation, J. Johnson seconded. Motion carried. Grassi Annexation. The City Attorney intro- (GRASSI) duced Ordinance No. 2111 annexing to the City of Kent those certain lands contiguous thereto and commonly referred to as the Grassi Annexa- tion. JUST MOVED that Ordinance No. 2111 be adopted, McCaughan seconded. Motion carried. ANNEXATION Uplands Annexation. The second public hearing ZONING on the zoning of the Uplands Annexation is scheduled for this meeting. Planning Director -` Harris described the area encompassed by the proposed annexation and reviewed the action of the Planning Commission, which body recom- mended that the area be zoned as follows: "-The easterly 450 feet of the subject property (along the West Valley Highway) be zoned M-1, Industrial Park; the next 1, 325 feet (to the west) be zoned M-2 , Limited Industrial; the (UPLANDS) remaining land west to the dike be zoned M-1, Industrial Park; the dike and all lands be- tween the River and the dike (including the oxbow) be zoned MA, Industrial Agricultural. " ANNEXATION The public .>tined by the Mayor. ZONING There were no cox.uients from the audience and no correspondence was noted. In. response to (UPLANDS) Masters ' question, Harris noted that the dike was included in the annexation. He further noted that maintenance was still the respon- sibility of the King County Department of Hydraulics. There were no further questions or comments and MCCAUGHAN MOVED that the hearing be closed, Carey seconded. motion carried. MASTERS MOVED that the recommendation . of the Planning Commission be accepted and the City Attorney directed to prepare the necessary ordinance. Just seconded. Motion carried. Grassi Annexation. The City Attorney intro- duced Ordinance No. 2112 zoning the Grassi (GRASSI) " Annexation to MR-G and O, as established at the public hearing on August 7, 1978. CAREY MOVED for the adoption of Ordinance No. 2112, McCaughan seconded. Motion. carried. REZONES Mar-Del Investment Company. A public hearing was held on July 25, 1978 by the Planning Com- mission to consider the application filed by Mar-Del Investment Company for a rezone on one lot from R-1, Single-Family Residential, to MR-D, Multi-Family Duplex Residential, Zoning District. Planning Director Harris pointed out the location of the subject property encom- passing approximately 12, 100 square feet lying along the east side of 45th Place S. , immediately north of 25218 45th Pl. S. The Planning Commis- mission - recommended that the rezone application be denied because the zoning was inconsistent with the Comprehensive Plan and the character (MAR-DEL and nature of the immediate area is single INVESTMENT family residential. Harris also noted that COMPANY) the lot in question is near the Cecelia Hills Plat, recently approved, containing single . family residences. The public hearing was opened by the Mayor. There were no comments from the audience and no correspondence has been received. In res- ponse to B. Johnson ' s question, Harris noted that the adjacent area is zoned R-l. Respond- ing to Carey' s question, Ulett noted that 45th P1. S. is not a City street since it was never finished by the contractor/developer and therefore has not been accepted. There were no further comments and B. JOHNSON MOVED that the hearing be closed, J. Johnson seconded. Motion carried. B. JOHNSON MOVED that the recommendation of the Planning Commission be accepted and the request for change of zone be denied, Carey seconded. Motion carried. Old National Bank. A public hearing has been scheduled for this meeting for Old .National (OLD NATIONAL Bank' s request for a rezone from M-2 (Limited BANK) Industrial) to DC-2 (Downtown Commercial) . Harris described the property as the Northwest corner of W. Smith Street and N. 4th'Avenue. It was noted that Rainier National Bank had been a party to the original application but had withdrawn their portion. The Planning Commission has recommended that the applica- tion be approved with the following condi- tions: (OLD NATIONAL A. Quit claim deed to City the existing BANK) right-of-way for Smith Street. B. Deed to City a 25-foot radius off the southeast corner of the proposed rezone. C. Improve north half of Smith Street for full length of proposed rezone. Said improvement shall include 20 -feet of asphalt pavement as measured from center- line of existing pavement, curb and gutter, storm drainage, and sidewalks . Submit detail plans thereof to Engineering (OLD Department for review and approval. NATIONAL BANK) The public hearing was opened by Mayor Hogan. — David Jensen,representing Old National Bank, stated that they conditions were in conflict with the City' s CBD plan, noting that the plan was drafted to encourage businesses to locate in downtown Kent. He noted that the bank pur- chased the property as a site for their new bank and that the old warehouse would be torn down to make way for the half million dollar banking facility, thus eliminating an eyesore and a safety hazard from the area. He spec ifi- cally cally noted that condition #C would be placing the financial burden of the street improvement upon the owner, but that 4th Avenue had been improved by the LID method. He stated that the bank was willing to participate in an LID for the street improvement. He noted that improvement for Smith Street was scheduled for 1981 in the City ' s 6-year Plan, and opined that the City, as well as the bank, would bene- fit from the improvements to the street, and that the City should therefore participate in the street project. Attorney Terry Burns noted that the conditions would require Old National Bank to improve the street at the bank' s Qxpense and questioned whether such conditions could be legally made a part of a rezone. He stated that the owners south -of Smith Street now have Downtown Commercial zoning and those to the West, on the north side of Smith Street, have M-2 zoning. He noted that those on the south side with Downtown Commercial zoning could conceivably develop their side of the, street without the street improvements, since they wouldn' t require either a rezone .or a conditional exception. He pointed out that Rainier Bank might sell their property to be used in industrial use. He reiterated Jensen' s statements against the conditions, and asked that the rezone be approved without conditions. (OLD Upon questions from the Council, Mirk stated NATIONAL that Condition A was unnecessary and that BANK) Condition B should be required because of the traffic generated. He stated that Condi- tion C was not realistic, perhaps illegal and was unenforceable. He also noted that -- the City should not be providing the funds for the street improvement either. It was determined that Old National Bank had no objection to participating in an LID for the street improvement. It was determined by City Administrator Street that the City had not participated more than approximately 5% of the costs of improving 4th Avenue, James Street, or North or South 3,)61 Central A ,.,.mined that the improvement o: c .(-- Nort:: half of Smith Street BANK) as listed in Condition C would be required to have a grade eve.n with that of the existing street. B. Johnson opined that a half street shoulCl not be per.: :tted and that the participa- tion in an LID should be required within an I established time spar. Masters suggested that the street improvement be delayed until an LID is established so that the project would be completed in the correct manner. Harris spoke in favor of requiring that the street be iiuproved, noting that the bank would generate traffic in the area. Upon Just' s question, Terry Burns stated that the bank might build — their facilities without sidewalks, or they might agree to repair the existing sidewalks for use until an LID could be established. McCaughan suggested that Condition C could be eliminated and that approval be. conditioned on Old National Bank ' s participation in an LID when the City establishes such a project. Mirk stated that this would be meaningless, (OLD NATIONAL as they could be occupying the building by BANK) the time an LID was underway. He suggested that Old National Bank could agree to not protest such an LID when it is presented for consideration. The Clerk noted receipt of a letter from Jay L. Widner, Vice-President of Old National Bank, listing the conditions and the Bank' s objections thereto. JUST MOVED to accept the letter for the record, McCaughan seconded. Motion carried. There were no further comments and CAREY MOVED to close the hearing, McCaughan seconded. Motion carried. -CAREY MOVED that the rezone be approved, including only Condition B, and' that the ordinance rezoning this property not be approved until this condition is met. Just seconded. Upon a roll call vote, the motion carried, with Just, Carey, Masters and J. Johnson voting in favor, and B. Johnson and McCaughan dissenting. SHORT PLATS Kuntz & Crum Short Plat. A letter was read, from Oscar R. Crum, objecting to the Short Plat Committee ' s restrictions placed on development of his property. MASTERS MOVED . that the letter be accepted and referred to the Public Works Committee, Carey seconded. Harris clarified the circumstances surrounding the Short Plat matter and pointed out that Mr. Crum feels he has been ignored and that there seemed to be no available means to communicate with him at this time. He noted (KUNTZ & CRUM) that a single family residence could not be built on the property in question. He recom- mended that the Public Works Committee review the matter and noted that he would be in attendance to explain the situation more fully. Motion carried. — Grube & Johnson Appeal. It was noted that the Short Plats of Grube & Johnson are adjacent to each other and were heard together by the Short Plat Committee on June 22, 1978. The Short Plat Committee recommended that both plats be approved with the following conditons: 1) Street is to be a public street, 28 ' wide, pavement with curb, gutter and storm drainage system; 2) Fire hydrant to meet Fire Marshall ' s VO(Pl:i.reiY on 60 3) Septic tank system not approved; all (GRUBE & lots must be on a sanitary sewer line; JOHNSON) 4) Improvements to be constructed or bonded prior to recording. It was noted that the Johnsons and the Grubes have filed an appeal to the recommendations made by the Short Plat Committee and the mat- ter has been scheduled for consideration at this meeting. Mr. Grube stated that the lots would be large and that a 28 ' street was un- necessary in these two rural type, 4-lot plats. He objected also to the curbs, gutters and storm drainage system requirements, stating that he proposed to have open ditches. With regard to Condition No. 3, he noted that he proposed to have his own residence on Lot 4 which could be connected to the City' s sewer system by gravity but that the other three lots would require an expensive- sewage pump system if septic tanks were prohibited. He noted further that compliance with these condi- tions would cost from $13, 000 to $15, 000 before he could start to build his house. B. Johnson noted that this was the last rural type area (GRUBE & in that vicinity, that all the rest of the area JOHNSON) was developed into subdivisions . She noted that these were conditions which were usual and were required by all developers in the area. There were no further comments and MCCAUGFIAN MOVED to uphold the decision of the Short Plat Committee, Just seconded. Motion carried. PRELIMINARY Eastridge #3. On July 25, 1978 the Planning PLAT Commission held a public hearing to consider an application by the Merit Company to sub- divide land in an R-1-7. 2 (Single Family Resi- dential) Zone, 7, 200 square foot minimum lot size. Planning Director Harris pointed out the location of the proposed Eastridge Divi- sion #3 Preliminary Plat containing approxi- mately 4.8 acres as lying immediately west of Eastridge Division #1, along 113th Place S.E. (extended) , between approximately S.E. 232nd and S .E. 233rd Place (extended) , said property to be subdivided into 21 residential lots . The Planning Commission recommended approval with the following conditions: 1) Drainage Plan. Construct an adequate storm drainage system. Submit to the Engineering Department for review and approval a detailed drainage plan show- ing how surface water will be received, handled and transported within the prop- erty. The drainage system shall meet the requirements of King County Ordinance #2281 or applicable City of Kent ordi- nance. Construct interim drainage and erosion control measures . Provide detail plan of same for Engineering Department review and approval. �. 2) Sanitary Sewers . Construct gravity sanitary sewer service to all lots. Submit detailed sewer plans to the Engineering Department for review and approval. 3) Water System. Provide City water service to all lots. Submit detailed water plan to Engineering Department for review and approval. .r PRELIMINARY 4) Street Improvements . All streets shall PLAT be asphalt paved with concrete curb and gutter. Streets shall have paving widths of at 'Least 28 feet. Street turn-around area shall have a paving radius of 45 feet. Street lighting required on all streets. Street name signs shall be furnished and installed by the City with reimbursement by the developer. Submit detailed plans denoting the above to Engineering Depart- ment for review and approval. 5) Sidewalks . Cemr- c >Irrete sidewalks shall be required o_ <_> ._ least one side of all streets. 6) The City should be directed to promptly institute condemnation proceedings to acquire the necessary right-of-way for improvement of S .E. 232nd Street as a full width street (improvements to be made by the applicant. ) The public meeting scheduled for this date to consider adoption or rejection of the Planning Commission recommendation was opened by the Mayor. Referring to Condition #6, Harris noted that the applicant/developer, Jim Rice, has had problems acquiring the full right-of-way for S .E. 232nd Street. Harris also referred to previous action taken by the Council on March 20, 1978 which allowed the applicant to modify - two of the requirements for the approval of the Eastridge #2 and #3 Preliminary Plats by approv- ing construction of a two-lane street section within the 30 foot right-of-way. He further noted that a full 60 ' right of way was needed and that if the subdivision were to be approved, the condemnation proceedings for the remaining 30 ' should be instigated. Mr. Phil Gonzales , representative of the Kent School District, noted that the District was interested in the development of the streets because children were bussed from this area. Iry Hamilton, Planning Commissioner, noted that the developer, Jim Rice, was more than willing to complete the street as required if the City would secure the necessary right- of-way. In response -to McCaughan ' s question, Ulett noted that Mr. Gerber, owner of the 30 feet, was not willing to sell or donate the necessary property for the right-of-way, and that it appeared that condemnation would be necessary. He noted that the value of the property has as yet not been established. It was determined that the proposed street was the only logical means of access into the area. McCaughan noted that he was not in favor of approving the plat until an investi- gation was made as to the cost of acquiring the right-of-way. Street noted that an esti- mate of the value could be obtained by the _ next Council meeting, but that a formal MAI appraisal, necessary for a condemnation, would . take about a month. Just stated that he wanted a determination made as to the source of the funds to pay for the property. Harris' deter- mined for Masters that the property to be acquired was approximately 300 feet by 30 feet. There were no further comments and McCAUGHAN MOVED that consideration of the Eastridge 3` d �_)e continu, September :D, .. purpose of obtain- ing an estimate of the value of the land and a determination as to the source of funding for such acquisition. B. Johnson seconded. Motion carried. NOISE Harris noted that the City Council adopted a POLLUTION Noise Control Ordinance on October 6, 1976; CONTROL however, the State has not accepted the ordi- nance as adopted. The Planning Department has revised the ordinance and an acceptable version has now been accepted by the State. The City Attorney introduced Ordinance No. 2113 provid- ing for the control of noise within all areas of the City, designating the Building Depart- ment as the Noise Control office and, providing for penalties and exemptions for violations, and repealing Ordinance No. 1993 . McCAUGHAN MOVED for the adoption. of Ordinance No. 2113, Carey seconded. In response to Masters ' ques- tion, Harris noted that the State has not as yet defined what temporary noise is. Mirk determined for B. Johnson that the City does not have any control over carpentry work done during evening hours and that the ordinance refers only to noise levels. He suggested that complaints at such types of could be handled under a public nuisance complaint. Motion carried. PARKS & Senior Center. The Finance Committee approved RECREATION a proposal on August 15, 1978 to allow the Parks Department to have two Title V grants, totalling $21, 680 combined into one bid for remodeling work on the Kent Senior Center. Both grants have previously been approved by the Council. The project will consist of enclosing the front porch area with safety glass and constructing a covered ramp to allow access for the handicapped. Also, the restrooms will be remodeled to bring them up to the 504 handicap code. The Parks Department has been authorized to retain an architect to prepare the bid specifications. Recreation Programs. A letter was read from Howard Olivers complimenting the City on the excellent recreation programs of the Parks Department and in particular the work done by Robyn Bartlet in administering the Junior High School girls softball program. MASTERS MOVED that the letter be made a part of the record, with a copy to Robyn Bartlet, Just seconded. Motion carried. KENT COMMONS Phase IIA & IIB. It was noted that Ted Bower submitted a raised cost estimate at the last work session and reported that the changed specifications could be ready to call for bids by September 20, 1978. He was directed to do so. FIRE DEPARTMENT Disaster Services Visitation. It was noted that the King County Department of Public Safety has scheduled a Disaster Services Visitation meeting to be held in the King County Emergency Services Classroom, King County Courthouse, Seattle, on September 13, 1978 at 2: 00 o ' clock p.m. CLAIMS Frederick J. Schweizer. In accordance with the recommendation of the City Attorney, JUST MOVED that the claim of Frederick J. Schweizer, filed at the last Council meeting, in the amount of $2, 875 . 30 be rejected. Carry second Ll. Motion carried. 4G CLAIiKS Edwin J. Creasor., Richard W. Bartelson, Garland E. & Fran Henderson, and Mary Duncan. Claims have been received separately from the above named individuals for an undeter- mined amount for discrimination and lack of water supply. The City Attorney recommends that the four claims be referred to the Public Works Department for consideration. B. JOHNSON SO MOVED, Just seconded. Motion carried. BIDS 4th Avenue Storm Drain Improvements; Titus Street Sanitary Sewer Replacement; 1978 .Asphalt Overlays. The bid openings on the above entitled projects was held on August . — 9, 1978 with the four bids received all higher than • the Engineer ' s estimate, as follows: SCHEDULE I - 4th Ave. Storm Drain Improvements; . Titus Street Sanitary Sewer Re- placement. Bidders Amount, Incl. Tax Frank Coluccio Construction $103, 157 . 15 Kar-Vel Construction 122, 501.58 Pacific Construction 142, 077.37 Associated Sand & Gravel NO BID (Engineer ' s Estimate) ($ 95, 862.87) SCHEDULE II - 1978 Asphalt Overlays. Bidders Amount Associated Sand & Gravel $24, 304.60 Pacific Construction Co. 26,875.00 Frank Coluccio Construction NO BID Kar-Vel Construction NO BID (Engineer ' s Estimate) ($23, 956.00) After review by the Finance Committee of the project funding and upon their recommendation, CAREY MOVED that the bid submitted by Frank Coluccio Construction for Schedule I in the amount of $103 , 157 . 15 and the bid submitted by Associated Sand & Gravel Co. for Schedule II in the amount of $24, 304.60 be accepted, McCaughan seconded. Motion carried. SCHEDULE I ALTERNATE - Meeker Street Improve- ments (State to Kennebec) SCHEDULE II - Sanitary Sewer Rebuild (State to Kennebeck) SCHEDULE III - Housing & Community Development Block Grant Program Sidewalk Improvements, Phase II. Bids were received on August 2, 1978 for the above described projects . It was noted that the totals were above the engineer' s estimate but within the amount of funds available. TOTALS OF SCHEDULE I ALTERNATE, SCHEDULE II, and SCHEDULE III Bidders Amount Valley Cement $106,836.63 Klokstad Concrete 112, 223. 12 Moss Construction 118, 050.80 Pacific Construction 138,448. 23 (Engineer ' s Estimate) ($95,028.44) In accordance with the recommendation of the Finance Committee, CAREY MOVED that the bid submitted by Valley Cement Construction in the amount of $106, 836.63 for Schedule I Alternate, 5 ; � ac:,eciule II, and Schedule IlI be accepted, J. Johnson seconded. Barris noted that the Schedule III portion was under the engineer' s estimate but that the projects were lumped together. Motion carried. CITY Retirement. A letter was read from City ADMINISTRATOR Administrator Street announcing his plans to take early retirement effective January !, 1, 1979. MASTERS MOVED to make the letter j - a matter of -record with regret, B. Johnson seconded. Motion carried. COUNCIL Public _y .:. ...._. ._t Masters noted tha t COMMITTEES a presentation was made to the Committee by two representatives of the Rape Relief organiza- tion and their comments were now being reviewed by members of the Committee. COUNCIL Consensus Calendar. Several communities include in their Council agendas an item designated as a "Consensus Calendar. " This would cover items such as: 1) Ordinances which the Attorney has been directed to prepare following a public hearing and for which there will be no further input; 2) Items noted "Information only" ; 3) Items that require no further Council or public input. The motion to adopt would list each item and any Councilperson may request removal of any item from the consent agenda and place it back on the regular agenda for discussion. The City Attorney has given his opinion that this is a legal action and that it could con- ceivably reduce some Council meeting time. It is recommended that the attorney be directed to prepare an ordinance or resolution authoriz- ing a "Consensus Calendar. " CAREY SO MOVED, B. Johnson seconded. It was -- determined for Masters that one motion would cover all items listed in the Consensus Calen- dar. Motion carried. FEDERAL On August 9, 1978 the Finance Committee met REVENUE and considered each of the requests for Federal SHARING Revenue Sharing. The total requests of $509, 195 was reduced to $413 , 590. A portion of this reduction was the proposal to utilize $32, 000 from the Arterial- Street Fund to assist in accumulating funds for the approved. street projects. There now remains $307, 000 avail- able for commitment, with the Council having the opportunity to determine the items to be removed from the priority list amounting to $106, 000. The public hearing was opened by the Mayor. The Clerk noted receipt of corres- pondence from the Senior Citizens Center con- taining 20 signatures and asking that con- sideration be given to furniture, file cabi- nets and an air conditioner for the kitchen for the Center. B. JOHNSON MOVED to accept the letters for the record, Just seconded. Motion carried. B. Johnson also noted that these items were on the original list of requests but not included in the prioritization list for funding. She further noted that the Finance Committee had met and considered the various requests and based their recommenda- tions on the priorities of each Department. The list of tentative priorities has been filed as a part of the official record. B. Johnson noted that it was determined that the following items should be deleted from the approved list of items to be funded: 'i 1+ 'OERAL FINANCE - DeioL (2) MIS-Remote Equip- REVENUE merit ($6, 500) S::ARING PARKS - Delete Diem (2) Kent Memorial Park ParXing Lot Asphalt ($38, 000) De'eta I¢ e:a ) Russell Road Park Bleachers ($17, 000) Delete Hem (4) Kent Memorial Baseball Co.-aplex Renovation ($90, 000) She also pointed out that these items would be g.; v #, top -or .,:)ritiza;pion at the time of the r. :,- 'ede�:al �-_venu• Sharing hearings next year. winkle noted fiat it was anticipated the City would receive an amount in excess of $400,000 for 1979. There were no further comments and JUST MOVED that the hearing be closed, J. Johnson seconded. Motion carried. I i B. JOHNSON MOVED to adopt the priority list as j developed by. the Finance Committee with the deletions suggested, Carey seconded. Motion carried. FINANCE JUST MOVED that the bills received through " August 21, 1978 and approved by the Finance Committee at its meeting August 31, 1978 be paid, B. Johnson seconded. Motion carried. Claims approved by the Finance Committee at its meeting of August 15, 1978 are as follows: Mayor $ 281.88 Administrator 22. 22 Non-Departmental 52, 973.46 City Attorney 914.88 Planning 361. 54 Police 15, 627.86 Fire 4, 529.88 Engineering 505.88 Finance 144.08 Civil Service 16.00 Fed/State Grant FD 26.70 Parks & Recreation 18, 313 . 52 Library 1,856 .41 City Streets $ 11, 376.68 Kent Commons Operating 254. 31 Federal Shared Revenue 13, 719. 78 Russell Rd. Park, Ph. II 70, 333.60 UAB-12 Central Signal 33, 742.90 Smith/Central to 4th 132, 969.00 104th Ave. Street Impr. 933.68 4th Ave. Signals 21.43 Kent Commons Ph. II Const. 372. 95 78 Acq.- & Const. 1, 259. 96 78 Street Const. 3,464.83 West Hill Booster Pump 4, 045.44 124th/W.D. 111 Res . 7 , 638. 30 Equipment Rental 4, 121.58 Housing & Comm. Dev. 5, 061. 32 Fireman' s Rel. & Pension 33.45 LEFF Disability 4, 423 .47 Sewer 51, 699.74 Water 14, 945.83 Garbage 44, 077_.86 $500, 070.42 FINANCE Interest Bearinq Warrants 124th/W.D. Ill Reservoir Chicago Bridge & Iron $ 49,027. 24 LID 282 - K-Mart Sewer Erickson Sewer Service $ 149.67 $ 49, 176. 91 MEETING ADJOURNED: 10: 15 p.m. Respectfully submitted, Marie Jensen, CMC City Clerk