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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/18/1978 Kent, Washington September 18, J-9 78 Regular meeting of the Kent City Council was called to order at 8 : 00 o' clock p.m. Present: Mat r)r I:o<j ;sZ, Councilpersons Carey, B. Johnson , J. Joh,.ison, Just , K M ers and McCaughan, City Attorney Mirk, Planning Direc-o, Works Director Ulett, and Finance Director Winkie. AA.,o Present: URS repre- sentc.tive Ramsey. Approxi.aa .ely 30 people were in attendance at :,he meeting. MINUTES KITTO MOVED that the ;id-nutes of the regular meeting of September 5, 1978 be approved as printed, Just seconded. Motion carried. ? -OCLAMATION A proclarsation was read" by the Mayor declaring the month of October, 1978 as II(munizatlon Action Month and urging all organizations to work :in educating the public to immunize children against "childhood diseases" . iIEALTIi & Cascade Sewer District Peruyit. The Public SANITATION Works Department has issued a permit allowing the Cascade Sewer District to construct their Springbrook Sewer right-of-way in Kent. Cas- cade has formally agreed that they will construct the sewer at an elevation, size and slope suffi- cient to serve Kent properties but that Kent is not obligated to use the said sewer nor pay for such use, iE any, in advance. Request for Outside Sewer Service. H. S. Hammill has requested outside sewer service from the 100th "K Avenue S.E. Sewer for property on the west side of that street at about S. 223rd Street. The Public Works Department recommends approval, subject to the provisions of Resolution 822 , and receipt of the payment in lieu of assessment. JUST MOVED that ti,e recommendation be accepted, Carey seconded. Motion carried. Country Estates Town House Apartments Sewer Exten- sion Hill of Sale. 'the Engineering Department has received tide ;3i_ i o :- Sale and Warranty Agree- ment for approximatel-y 82 if of sanitary sewer extension construcL,,a : the Country Estates Town ;louse Apa t . . B. JOHNSON MOVED that the City accept the B1, 11 of Sale and Warranty Agreement and the cash bond be released after payment of any outstancling City bills against the project. PIc-Caughan :seconded. Motion carried. Tukwila Enterprises S:rort. Plat Utility Easement. The Bill o-Z Sale anCl Warranty Agreement have been received for approximately 70 if of 10" water mains extension; approximately 310 if of 8 " sanitary sewer extensions; and approxi- rr1tely 710 if of str_ool,:_ improvements , -together wiL-h related appurtenances, constructed for the Tukwila Enterprises Short Plat. B. JOHNSON MOVED that the City accept the Bill of Sale rind the Warranty Agreement for said utility extensions in the Tukwila Enterprises Short Plat and that the cash bond be released after payment of any outstanding City bills against the project. McCaughan seconded. Motion carried. s�Shy SHORELINEAmendment. On August 23 , 1978, the Kent Plan - P^,ASTER ning Commission held a public hearing to amend PROGRAM the City of Kent Shoreline Master Program to include the area recently annexed to the City of Kent known j,,is the Uplands Annexation. The Planning Commission recommends that the Kent Shoreline Master Program be amended as follows: " The 1. 15 miles of diked shoreline be de- signated as "urban environment, " and the . 37 miles of undiked shoreline within the "U'.' shaped meander be desic,nated "conser- vancy. " The Goals, Objectives and Policies within the Kent Shoreline Master Program and the use regulations for activities within the urban environment would remain the same. Use regulations for the Conser- vancy Environment would prohibit all acti- 11 vities except recreation. Planning Director Harris pointed out the area to be included in Kent' s Shoreline Master Pro- gram, noting that the amendment was necessitated by the recent annexation of the area in question through the Uplands Annexation. The public hearing scheduled for this meeting was opened by the Mayor. There were no comments from the audience and no correspondence has been received. KITTO MOVED that the hearing be closed, Carey seconded. Motion carried. McCAUGHAN MOVED that the Kent Shoreline Master Program be amended as recommended by 'the Planning Commission, Carey seconded. Motion carried. STREET S. 192nd Street Vacation. It was noted that VACATION Uplands Industries has paid for vacation of a portion of S. 192nd Street. The City Attorney introduced Ordinance No. 2115 vacating a portion of S . 192nd Street. McCAUGHAN MOVED that Ordi- nance No. 2115 be adopted, Just seconded. Motion carried. S. E. 260th Street. On August 21 , 1978 the City Council adopted Resolution No. ' 850 which set the date for the public hearing on the subject street ' vacation for this date. The-Planning Department recommends that the request to vacate that portion of S.E. 260th Street as set forth in Resolution No. 850 be approved with the following conditions. "Retain utility and drainage easements. " It was noted that the petition requesting the street vacation has a legal deficiency and the Property Manager is contacting the petitioner to have the deficiency removed. It is recommended that the hearing be continued until October 2 , 1978 , and JUST SO MOVED, Carey seconded. Motion carried. REZONE Kjerla.nd Rezone. On August 23 , 1978 the Planning Commission held a public hearing on an application filed by Ronald K. Kjerland for a rezone from HC, Highway Commercial , to GC, General Commerical. The subject property, encompassing approximately 3 acres lying along the west side of North Central at 1015 North Central, was pointed out by Planning Director Harris. The Planning Commission has recom- i, r 2 mended that the rezone application be approved REZONE with the following conditions: 1) Deed to the City 10 feet of right-of-way parallel to and abutting N. Central Avenue for full length of property thereon. 2) Upon development of the site , storm water drainage thereon be controlled in accordance with King County Ordinance No. 2281 or equivalent applicable City ordinances. Submit plans thereof to Engineering Depart- ment for review and approval. The public hearing was opened by the Mayor. There were no comments from the audience and the Clerk noted that no correspondence has been received. JUST MOVED that the hearing be closed, Carey seconded. Motion carried. CAREY MOVED that the recommenda-'ion of the Planning Commis- sion be accepted and the change of zone be approved as recommended, and that an ordinance amending this property NOT be approved until such time as all conditions are met, McCaughan seconded. Motion carried. Bonavilla Investors . On August 23, 1978 the Planning Commission held a public hearing on an i application filed by Bonavilla Investors for a rezone from HC, Highway Commercial , and R-1, Single Family Residential , to MR-H, High Density Multi-Family Residential zoning district. They subject property contains 27 ,500 square feet lying at the northeast corner of 26th Place S. and S. 248th Street. The Planning Commission recommends the requested rezone application be denied because the applicant was not present at the Planning Commission hearing. The scheduled public hearing was opened by the' Mayor. In — response to B. Johnson ' s question, Harris noted that the applicants had been contacted the day of the Planning Commission hearing but expressed no interest in attending the scheduled hearing. There were no further comments and no correspond- ence has been received. JUST MOVED that the hearing be closed, J. Johnson seconded. Motion carried. McCAUGHAN MOVED that the application for the chance of zone be derided, Just seconded. Motion carried.. PARKS & Benaroya Riverfront Park Master Design._ At the RECREATION September 12 meeting of the Park Board, the Board recommended that the City enter into an agreement with Jones & Jones to do a Master Plan of the Benaroya Riverfront Park Property for an amount not to exceed $10 ,000. The pur- pose of the plan is twofold: 1) it will allow our Maintenance Department to do some in-house improvements; and 2) it would give the City a completed plan to submit for any grant monies that become available for this type of park project. Adequate monies were budgeted for such planning in the 1978 budget. JUST MOVED that the Mayor be authorized to sign a contract with Jones & Jones to prepare a Master Develop- ment Plan for the Benaroya Riverfront Park pro- ject in an amount not to exceed $10 ,000 , McCaughan seconded. In response to McCaughan' s question, Harris noted that the firm of Jones &. Jones was a Seattle firm who have won several awards for their design plans in the field of riverfront parks and have been retained by the City of Seattle to design a Green River System for King } County. Motion carried. elee) Russell ..v,..., _ -cict Extension. Aldrich -TION & Hedman, Inc. , the contractor for the Russell Road Park Phase II project, have requested that the substantial completion date of their contract be extended from September 30 , 1978 to November 4 , 1978 because of delay caused by inclement weather. The Board of Park Commissioners, the Parks Department and the Architect recommend approval of their request. CAREY MOVED that the Russell Road Park Phase II contract substantial completion date be extended from September 30 , 1978 to November 4 , 1978, Just seconded. Motion carried. PLAT Kentwood Glen 1r3. It was noted that a petition has been received by Councilperson Carey and discussed at the work session of September 11, 1978 regarding the matter of ingress and egress to the Kentwood Glen #3 Plat. At that time, Ed LaBounty spoke for the petitioners asking that the Council consider approving another route of ingress and egress to the Kentwood Glen #3 Plat. It was pointed out that should the Council desire a change which would be in opposition to their decision of November 21, 1977 when the preliminary plat was approved, it might be necessary for the City to purchase such right of way if the exit and entrance were other than those shown on the Plat. It was noted that the Plat does include a possible exit which could be. developed in the future. CAREY MOVED that the petition be accepted and made a matter of record, Masters seconded. B . JOHNSON MOVED TO AMEND the motion to state that the peti- tion be referred to the Planning Department and Public Works Department to determine if there could be another means of access to the area and a report made back to the Council. McCaughan seconded. In response to McCaughan ' s question, B. Johnson noted that she was not necessarily referring to a road on to Lake Fenwick Road but rather some other means of ingress and egress to the plat. She further noted that the matter was not thoroughly discussed at the time of the hearing on the Preliminary Plat and the reason no objections were raised by.. residents of the area was because the first Preliminary Plat map showed a road leading to Lake Fenwick Road. She suggested that research into the problem could be accomplished within the next two to three months , and some solution arrived at. In re- sponse to Kitto ' s question, Harris noted that there is a possible access road to the south of the plat that would come out along the northerly boundary of Lake Fenwick Park. He noted that the old access -road which came out on Lake Fen- wick. Road came out on a curve and created a traffic hazard. He pointed out that the main access is from the north, and suggested that the feasibility of extending the -road to meet Lake Fenwick Road further south could be ex- plored and a time table established as to —' when this could be completed. Masters sug- gested that :pore consideration be given to the conditions imposed for the approval of prelimi- nary plats with a view to avoiding possible .future problems such as exists in this instance. She stated that no one is sure at this time how this area will be developed or how much traffic will be generated but suggested that some method should be -established to avert such situations. Harris noted that both the Planning Commission and the Council agreed that the access proposed r ZI PLAT in the initial subdivision (access to Lake Fen- wick Road) should be taken out. Subsequent approval of the plat in this way then committed the developer to develop the plat in accordance with the conditions established. He opined that j if the City now changes its decision it may be necessary for the City to purchase the necessary right of way, according to the degree of the problems caused to the developer. He also noted that it is at the preliminary plat stage when such problems must be determined. A gentleman from the audience questioned whether the City and the developer could change the plat at this time and whether the developer could come before the Council to discuss the matter. Mirk noted that the only means of changing the plat would be through a replat and the developer would have % to go through such process and appear before the Council voluntarily. He further suggested that if the people involved were willing to bear the costs of the replat process , the developer might be willing to discuss the idea. It was deter- mined that sewers have been put in and connected to the Lake Fenwick Road line but that no paving has been done as yet. The amendment to the motion carried. The original motion as amended carried. CLAIMS LaWanda Van De Stroet. A claim in an undeter- mined amount has been received from LaWanda Van De Stroet for injuries sustained in an alleged fall at the Senior Center Parking Lot. The City Attorney recommends denial of City liability, with the claim to be forwarded to the City' s insurance carrier. B. JOHNSON MOVED that the recommendation of the City Attorney be followed, Just seconded. Motion carried. STORM Proposed Storm Drainage Control Ordinance. _ DRAINAGE Planning Director. Karris distributed a proposed CONTROL Storm Drainage Control Ordinance at the work session of September 11 . It is suggested that this proposed ordinance be reviewed at the work- shop to be held September 25. If acceptable, the ordinance could be prepared for adoption at the October 2 Council meeting or if necessary reviewed further at the October- 9 workshop. . KITTO MOVED that the time table suggested be implemented, Just seconded. Motion- carried. WATER Water Department Meter Readers. The Finance Committee has reviewed a request by the Water Department to hire two water meter readers on a full-time basis. This will result in the trans- ition of a Federally funded meter reader and the hiring of one additional meter reader. The total } cost to the Water Department during the remainder of 1978 will be approximately $8 ,500 which will be allocated from the Department' s unexpended fund balance. It was noted that this request was recommended for approval by the Finance Com- mittee at the time of their review at the meeting of August 31 , 1978 but the request and approval was inadvertently omitted from the Council meet- ing of September 5, 1978 as part of the Finance Committee' s report. CAREY MOVED that the two water meter reader positions are approved to be filled on a full-time basis immediately as recom- mended by the Finance Committee at its August 31, 1978 meeting, B. Johnson seconded. In "response to McCaughan ' s question, Winkle noted that the need for the water meter readers was established as part of the rate study recently made. and that the pose,_: Funded as of 1, 1979 . He notes: that the position. which had been Federally funded had run out of funds on August 31. He further determined that due to the increase of water service in the area, it is not possible" for the Water Department to handle the work between September 1 and January 1, 1979 without additi onal personnel. 1. Motion carried. Prouty Request for Water Service. A letter was e Clerk from Jerry read by the Y W. Prouty, 606 West Gowe , re uestin water servic for a nine unit q g _ — apartment located at 1267 Canyon Drive and pre- sently served by a private well. The letter noted that the nearest service is an 8" line at Canyon Drive and Weiland Street and Mr. Prouty is requesting permission to run a private line from Weiland Street through a possible easement east of 9031 Canyon Drive , with the costs of any 47 gut ure asses sment for extension of theline up to Canyon Drive to be paid by Mr. Prouty. The letter further asked that if it is necessary to extend the line up Canyon Drive that it be done on some cost sharing basis . MASTERS MOVED that the letter be accepted and made a part of the record and referred to the Public Works Committee, McCaughan seconded. Motion carried. ANNEXATION Osborne Annexation. It was noted that the public & ZONING hearing on the Osborne Annexation was scheduled for this meeting but that notice has now been - received that the King County Boundary Review Board, at the request of King County, at their meeting of September 14 , 1978 , invoked jurisdic- tion. on this annexation and set January 11 , 1979 as the date for a public hearing on the matter. The action taken b the Boundary . Review Board was done at the request of the Ring County Executive , based on the County' s concern for the proposed land use zoning. It was further noted that the Boundary Review Board will relin- quish jurisdiction if Kent and the King County Division of Planning can reach an agreement on the proposed zoning. The Mayor noted that the Boundary Review Board and the County would like to meet with the City before the annex- ation hearing regarding the zoning and sug- gested that this be done on October 9 at the work session. Harris noted that a letter had been received from Mary Ellen McCaffree , Chairman, King Cou.:ty Environmental Impact Committee , and he suggested that the matter be discussed at the workshop on October. 9 as previously recon-miended by the Mayor so the County could express their views on the annex- ation and that t.e public hearing on the annex- ation could then be held at a later date. He pointed out that holding the hearing at this meeting could accomplish little since the City is not aware of the County ' s concerns . At "arris ' s request , the letter was read in which it was noted that King County had. reviewed the Draft Environmental Impact Statement for the Osborne Annexation Initial Zoning and had raised serious questions about the proposed annexation. The letter asked that a meeting be held between the Council , Planning staff and King County in a the immediate future to discuss the matter er be fore a final decision is made. MAS TERS MOVED i that the letter be made a part of the record, II )Q J 4 l ANNEXATION Carey seconded. Motion carried. Kitto questioned & ZONING the legal effect of the County' s action. Mirk stated that he questioned the legality of the County invoking urisdiction by going through the Boundary Review Board but since they had, the Boundary Review Board must now hold a 'public hearing on the mat'_er. Winkle noted that after discussion with -tie attorney for the Osbornes , Mr. Kleweno , it had been determined that the hearing would not be at this time. McCaughan suggested that if -there was additional informa- tion pertinent to the annexation, it should be presented before the nearing is held on the annexation. On the advice of the City Attorney, MCCAUGHAN MOVED that the hearings on the Osborne annexation and the Osborne annexation zoning be continued to October 16 , 1978 , Kitto seconded. Motion carried. Dan Moorman , a property owner in the proposed annexation area, referred to increasing inte- rest by citizens of the community in recrea- tional facilities and asked that his views be heard at the work session. The Mayor clarified that work sessions were open to• the public and held to receive comments from interested parties. A letter presented by Mr. Moorman from Starburst Enterprises , Inc. was read by the Clerk, which letter noted that the group was interested in locating an ice skating rink on the Clemons/ Moorman property, Kent East Hill Center area, in an area to cover approximately 80 ,000 square feet, including parking. MASTERS MOVED that the letter be made a part of the record, B. Johnson seconded. Motion carried. Mr. Kleweno, attorney for the Osbornes , who arrived after discussion on the matter had been concluded, requested that the annexation hearing be held at the first meetina in November since he would be out of town on October 16. Mayor Hogan noted that a motion had been passed pre- viously setting the hearing date for October 16 and Mirk determined that the hearing date could be changed at that time if necessary. ANNEXATION It was noted that the matter of setting a policy POLICY for future annexations by the City of Kent, based on the Sphere of Interest previously established, was discussed at a recent workshop meeting. At the request of J. Johnson, it was determined that a review of the proposed annex- ation policy, as recommended by the Planning Director, would be discussed at the workshop meeting of-October 9 . FLOOD Mayor Hogan reported that the Green River Basin CONTROL Executive Committee met last week in Renton to discuss a new flood control concept in the Valley. The Technical Committee had recommended that the Soil Conservation Service consider a new concept which would include a large pond to be located at the Tukwila pump station and utilization of the existing Springbrook Creek and drainage ditches which we have rather than going to the 300 ' wide canal which is proposed. She noted that Spellman and Mayor Delaurenti of Renton will meet with Galen Bridge of the Soil Conservation Service sometime this week to discuss the feasibility of the proposal since it is not covered in the current EIS which has been prepared, and that further reports would be forthcoming. " G, I RAILROAD improvements. Ulett noted that meetings have CROSSINGS been held with Burlington-Northern Railroad and they have agreed to begin improvement of the grades at all of their railroad crossings , including S. 21.2th, Gowe, Titus , Meeker, James and S. 228th S"reets within the coming week. He noted that thi :..;:provements would be simi- lar to what was by the Milwaukee Railroad at the Willis St-Lek . crossing and the James Street crossing and that the improvements might take thirty to sixty days to comp- lete. He also noted that it .,,,ay necessitate closure of the crossings for short periods while the Lmproverients were taking place. 4th Avenue Grade Rail Crossings . It was noted that a letter dated August 4 , 1978 from Uplands i f Industries requesting two railroad grade cross- ings on N. 4th Avenue was received by the Council and referred to the Public Works Committee. This Committee brought the matter back to the Council where it was sent to the Short Plat Committee to consider at the same time as the Upland' s Short Plat, who -referred it back to the Council for a workshop discussion on September 11. The utilization of North 4th Avenue as a prime emer- gency equipment run was discussed and it was determined that the Fire Department will use this route but to date spur track crossings have not been a problem. It was also noted that the property east of North 4th Avenue can, be served by Burlington Northern which would eliminate the requested crossings. Union Pacific, as represented by Uplands , owns the property in qu estion. A letter was read from Upland Industries dated September 15, 1978 referring to the fact that preliminary approval had been given to a short plat fora portion of their property north of South 228th Street and refer- ring again to the requested two railroad spur track crossings, in order that business east of the proposed extension of North 4th Avenue could be served by the Union Pacific Railroad. The letter noted that each crossing will involve a maximum of three tracks , a lead track with spur tracks to either side and that the grade . crossing corridor will be 30 fe et in width. The letter further noted that the two grade crossings would be used only twice a day with such usage to be limited to non-peak traffic periods in the early morning and evening hours, and would be cleared in the event of an emer- gency. The letter also noted that the Fire Chief has indicated that the crossing will not be a significant fire protection problem under these circumstances. Reqarding safety aspects , the letter pointed out that the crossings will be marked and protected by a flagman whenever in use. MASTERS MOVED that the letter be made a part of the record, B. Johnson seconded. Motion carried. :'cCAUGHAN MOVED that the cross - inas be approved providing that the operating -- organization provide a satisfactory Mold Harmless Agreement, that -railroad personnel be always available to direct traffic during the use of the crossing by the railroad, and that use of the crossings be restricted between the hours 7 : 00 and 9 : 00 a.m. and 4 : 00 to 8 :00 P.m- B. Johnson seconded. Carey noted that the re- ' ' agenda were not in the re - strictive ti mes misted the same as those discussed at the workshop session by the Fire Department. Mirk noted that all other such spur crossings approved in the past h ✓. usage in the area bec:wcul! CROSSINGS the hours of ,, : ii -co 9 :00 a.m. and 3:00 to 6 : 00 P.M. C&rey n6cea -chat since N. 4th Avenue is expected to be a traffic route into the City, the hours s.ould ,e changed so not in use during peak traffic hours. Mirk concurred and stated that the -gust policy has been to prohibi . not rl3trict, switching operations at the c ssin, , during the hours which he previous ,- sped- -ied. Just also questioned whether t:e switching should be prohibited during the specified hours rather than merely restricted. iv:ascors noted that she was against the iz;otion since the Council was dis- cussing how t :c railroad is going to serve the property and suggested this was not an appropriate decision for the Council to make. She further noted that it has been determined that the properties can be served on either side by other railroads without necessitating the crossing of 4th Avenue. Just stated that he wanted the motion amended to read that the use of the crossings be prohibited between the hours of 6 : 00 and 9 : 00 a.m. and 3: 00 to 6: 00 p.m. McCaughan and B. Johnson agreed to the correction of the motion. Motion carried, with Masters voting nay. STREETS SR 516 Completion. Mayor Hogan reported that she had discussed the matter of the SR 516 completion with the Finance Committee on F_iday, September 15, and specifically the letter ` referred to at the last Council meeting which was sent to Spellman asking that further con- sideration be given to the exchange of land suggested by the Department of Transportation. Spellman, acting on the advice of his staff, had decided that the proposal was not appropri- ate. She stated that another meeting had been held on Thursday morning last week with the result that it now appeared that someone was going to have to make additional land available to mitigate the claimed adverse impact. She noted that she had suggested the possibility of the City of Kent making ten acres of land avail- able for agricultural use and that this sugges- tion appeared to be acceptable to them. She pointed out that it had been her hope that the City could purchase the land and then the County could in turn buy back the development rights to lessen the amount of money which Kent would have to expend. After discussion with Mr. Lynch, Mr. Spellman and Mr. Ryan, they reached the conclusion that the only way the proposal would be considered would be for the City of Kent to dedicate 10 acres of land for agricul- tural use. She noted that Mr. Lynch had indi- cated in their discussion that the acreage which the State owns for the completion of SR 516 , and any other agricultural land within the City of Kent, would not be high on the priority list of the lands for which the County plans to purchase the development rights , pend- ing a successful bond issue for that purpose. This accounts .for the reason they do not wish to spend any of the County or the bond issue money on property in the Kent area. The only recourse open to the City appears to be to make the acreage available and the Mayor noted that she had been firm in her offer of ten acres ' only. The Mayor also noted that after discussion of this proposal at the Finance Committee, it appeared that the consensus of the four members attending was that the City should be represented S, STREETS at the Highway Commission meeting tomorrow morn- ing, September 19 , to present the proposal and ask that the monies which are set aside by the 4 State for completion of the SR 516 project be kept for that purpose. She noted that removal of the funds was on the agenda for the Highway Commission meeting. She asked that the City Attorney explain what the City' s position would be with regard to any possible Court action against King County with reference to their refusal to issue the Shoreline Permit. Mirk responded by noting that the ..)epartment of Trans- portation had taken the position that if any _ other Government agency objects to a project, they are not willing to pursue the matter. He indicated that this could present a problem if any legal action were contemplated by the City against the County. He noted, however, that he had perused the County' s Shoreline Master Program as well as their agricultural ordinance and was convinced that their actions were not only illegal but were also done without any proper authority. He clarified that the agricultural ordinance only gives the County the authority to review any action, which would normally be done by any governmental agency, and in this case, the shoreline permit. Such review is proper under the terms of their ordinance, but basing their denial on any possible adverse effect on agri- cultural aspects of the area is questionable, in view of the fact that the Valley Agricultural District is a district created by King County comprised of approximately 18 ,480 acres and the 20 . 07 acres owned by the Highway Department is a minute percentage of the total amount. He pointed out that there are 235 vacant acres not being used for anything within the district and that all of the land zoned for agricultural usage is not being farmed. He suggested that the County' s position that they will accept nothing but dedi- cation of land from the City is both unreasonable and illegal . He also noted that he questioned . their legal authority to impose agricultural use on land owned by the State of Washington, since this is a zoning function and building of highways is a governmental function. He noted that in the State of Washington it has been consistent to say that the State is not bound by local zoning regula- tions when they are engaged in governmental opera- tions . He suggested that the City attend the transportation meeting and ask that the Department of Transportation reapply for the Shoreline Permit and allow the City to present arguments - on their behalf for its issuance. He also suggested that denial of the permit on the basis of there being no mitigation of the adverse impact on the area was beyond the scope of authority granted by the agricultural ordinance which gives no standards , sets no directions and in fact delegates authority without anv guidelines. He noted that this was commonly -referred to as unlawful delegation of authority since it i� totally without restraint, standards, or guideiines. Without the guidelines as to what constiLutos adverse impact and miti- gation, he suggested that the zoning examiner can do as lie wishes and this results in an unlaw- ful delegation of power. Mirk further pointed out that he had discussed the matter with Mr. Lynch today and Lynch had indicated that the County would address a letter to the Department of Transportation meeting asking that the money be left in the budget for the SR 516 project pending the negotiation of the mitigating effort. I� .v lie SC:C,C u: would indicate than were not dpposin_, ccnpietion of the project it- self. :Togas pointed out that the ten acres which were under consideration and which had been discussed with the City Attorney were part of the approxi.:iate 72 ,..ores surrounding the sewer lagoons . She noted that 46 acres were in the lagoons and tie remaining acreage was .surrounded by agricultural lands. She suggested that lease of ten acres of this land for agricultural pur- poses would allow for a multiple use of the pro- perty and would not cost the City any initial outlay of_ money for acquisition of property. If the City should subsequently be successful in a Court action and not be required to provide the acreage for the mitigating effort, there would no longer be any need to commit the lagoon property. If not, and at some time in the future the lagoon site was sold, the funds would go directly to the Sewer Department and it would probably be necessary to seek other lands to replace those ten acres. She suggested that in the interim the completion of the project was important enough to warrant efforts to solve the problem and avoid unnecessary expenditures of money that is available for the project. She asked for Council concurrence of her attendance and that of the City Attorney at the Department of Transportation meeting in Olympia. Carey noted that it had been pointed out at the Finance Committee also that if the bond issue proposed by the County should fail, the City would not then have to obligate the ten acres. McCaughan referred to the fact that since the moratorium on land development had been lifted there should no longer be any legal restriction on the Highway Department property. Mirk noted that the mora- torium applied only to rezones , subdivisions, annexations and sewer and water extensions. He also referred to the fact that the County has two categories of lands--one is designated "agricultural lands" and the other designated "lands of County significance" . No lands of County significance are located within the cor- porate limits of the City and the only lands of County significance in the lower Green River Valley are the area under discussion and another area further south. Nothing north of Meeker Street is considered to be land of County signi- f_icance for agricultural purposes. He also pointed out for McCaughan that even though there are large parcels of land to the north which have been used for agricultural purposes for many years they were not included in the County' s plan. In response to Kitto ' s question as to the legality of donating the land for the purpose intended, Dirk noted that the land would not be donated but leased to someone for farming. The Mayor further clarified that the land would be preserved for agricultural purposes and .that this distinction was made so the public would be aware the land could be leased for such a purpose. Mirk indicated that the only problem with using this particular piece of land is that the property is sewer district property and all — utilities , sewer and water, property is there for the benefit of the bond owners and the City would be running the risk of a possible allegation that the obligation of the bonds was not being carried out. He suggested that a determination must be made as to what the exact definition of a . sewer district is and its obligation from the standpoint of the property itself. He pointed out that this determination may have to come from STREETS the Attorney General ' s office and also as to whether the valuation of the property is based on what was paid for it initially or the inflated valuation today. He added that since the property was not being conveyed but merely set aside the City would still' have control over it and he could foresee no immediate problem. Winkle opined that the valuation would be the fair market value. Mirk clarified that the main idea was that the City would appear at the hearing tomorrow to show that there are other alterna- tives to the problem under consideration and ask that the money not be removed by the State -- from its intended usage. Mayor Hogan pointed out that the City is in the position of being able to offer the dedication of the ten acres for agricultural purposes and suggested that this may be the mitigating factor the County is seeking and that the end result would be to move the project forward. Any court action would be secondary. In response to B. Johnson , she noted that court action could take at least a year and in the meantime , if the matter were resolved through the proposed plan , con- struction could be underway on the SR 516 pro- ject. JUST MOVED that the Mayor and City Attorney be authorized to attend the meeting in Olympia on September 19 and present the pro- posal as discussed, McCaughan seconded. Motion carried, with J. Johnson voting nay. CITY Selection Process. The Council directed the- ADMINISTRATOR City Administrator to contact the .firm of Foster & Associates and bring a written proposal from f that firm back to the Council for consideration. Contact was made on September 11 , 1978 , at which time the Mayor and City Administrator discussed _ the matter with Dan Huntington of that firm. A copy of the proposal has been furnished to all Council members. CAREY MOVED that the proposal of Foster & Associates be accepted, Just seconded. After a determination was made that the proposal had not been reviewed by the City Attorney, MASTERS MOVED that acceptance of the proposal of Foster & Associates be considered as the last item on the Council agenda to allow the City Attorney time to review the proposal, B. Johnson seconded. Motion carried. After review of the proposal by the City Attorrev, he noted t.-.at his only concern was with regard to the cost section with refer- ence to telephone and travel costs and sug- gested that it should be changed so that any out-cf-State travel be approved in ad- vance. It was determined that this item referred to travel for the purpose of inter- views, if necessary. Winkle noted that the matter had been discussed at the Finance Committee meeting and it was generally felt that these expense items should be considered and have Council or staff approval. Mirk -� noted that. while the proposal was not in contract form, the motion should be amended to include than the contract should be entered into with the understanding that all expenses must be approved by the Finance Committee and any out of State travel expenses must. be approved in advance. B. JOHNSON SO MOVED TO AMEND, Masters seconded. McCaughan and Kitto ques- tioned possible problems with the time schedule if such a procedure were to be followed. Winkle suggested that approval was merely being asked as a courtesy to the Council and pointed out CITY that the ..V:ayor pprove the expenditures. JDMINISTRATOR McCaughan suggested t1nat the Mayor could make the final deter.cination as to these items to + avoid any unnecessary delays. The amendment carried. T:.e cri.:;irE.1 motion as amended carried. P COUNCIL Public Works Committee. Kitto noted that the COrLMITTEES Public WorksComT4 -"—ee would meet this week on Wednesday morning, September 20 , at 8 :15 a.m. FINANCE 1978 Water Revenue Bond Issue. The proposal for tie sale of the 1978 Water Revenue Bond Issue as discussed at the workshop meeting of September 11 was distributed by Robert Yeasting of Foster & Marshall. Yeasting noted that the details of the proposal were generally as presented in the pre- liminary prospectus discussed at the workshop meeting. He referred to the fact that the pro- posal was a standard agreement but suggested that its approval be subject to review by the City Attorney. Referring to Appendix A he noted that it described the bond issue, purchase price, the net effective bond rate as 6 . 3950210 and the closing date of October 30. In response to McCaughan' s question, Yeasting noted that most bond issues of this type in recent months have been through ,negotiated sales , rather than through the bid process. Winkle stated for McCaughan that it was his opinion that the City should accept the proposal. Mirk referred to the $1, 000 figure for liquidated damages _ and questioned whether this amount was suffi- cient if Foster & Marshall should fail to pur- chase the bond issue. Yeasting explained that since his company already had a considerable amount of time and money invested in research and preparation of the various documents , it was to their advantage to see that the sale is consummated. He further noted that the market has been relatively stable in this area for at least the past 30 days and was expected to remain SO. He also noted. that the bond ordinance was scheduled for passage at the October 16 Council meeting, after which the bonds would be printed, signed and delivered to comply with the October 30 closing date. KITTO MOVED that the $2 ,000 ,000 1978 Water Revenue Bond Issue -be sold to Foster } & Marshall at the net effective interest rate of 6 . 395021% and that the Mayor be authorized to sign the agreement, Just seconded. Motion carried. JUST MOVED to instruct the City Attorney to pre- pare an ordinance creating the 1978 Bond Interest & Redemption Fund and Construction Funds , Carey seconded. Motion carried. JUST MOVED that the bills received through September 19 , 1978 and approved by the Finance Committee at its meeting September 29 , 1978 be paid, Carey seconded. Motion carried. Claims approved by the Finance Committee at its meeting of September 15, 1978 are as follows: _ FINANCE Current Expense $ 38 ,156. 04 Parks & Recreation 16 ,111. 35 Library ,` 308. 40 City Streets 9 ,615. 01 Kent Commons Oprtg Fund 283. 98 Fed Shared Revenue 114 ,579 . 55 Kent Commons PH I Con 425. 73 Smith/Cntl to 4th 24 , 343. 38 So 180-L-h WVH-EVH 13, 500 . 00 Linda . Heights Sewer 224. 00 _ Kent D/N Sewer 849 . 00 W-H Booster Pump 89 . 60 116-th Av Tran Main 141 ,958 . 84 Eg uP _.;_ ment Rental 4 ,993. 27 Housing & Comm Dev 282 . 65 Arts Commission 85. 00 Firemen' s Rol & Pori 33. 45 LEFF Disability 4 , 312 . 53 Sewer 11 ,670. 58 Water 12 , 335. 94 Garbage 50 ,749 . 75 $444 ,908. 05 Interest Bearing Warrants 124th WD 4111 Res U R S Company 6 , 330 . 19 MEETING ADJOURNED: 9 : 20 p.m. Respectfully submitted, Betty Gray Deputy City Clerk i I