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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/16/1979 Kent, Washington July 16, 1979 Regular meeting of the Kent City Council was called t(. rder at 8: 00 o'clock p.m. Present: Mayor Hogan , Councilpersc,, Carey, Elliott, B. Johnson, J. Johnson, ,rust, Masters and McC : :ghan , City Administrator Cushing, City Attorney Mirk, Planni . - Dii• �tor Harris, and Public Works Director Ulett. Finance Dire - ,:)r Winkle was not in attendance. Also present: URS representat - ve Al I and Planning Commissioner Williams. Approximately 50 .•tople were in attendance at the meeting. CONSENT CAREY MOVED that items A - O on the Con:,, ,it Calen- CALENDAR dar be adopted, B. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR TTEM 5A) Approval of Minutes. APPROVAL of the minutes )f the meeting of July 2, 1979 with the following corrections: Page 3 - Air Injector Bids - Amount of Omega ' s bid is $29 , 625. Paqes 5 & 6 - Arterial Street Plan - Its-gym 6 should be S. 228th Street. Item 27 shoi,id be S. 228th. PROCLAMATION A proclamation was read by the Playor dec ; .►rinr July 18 , 1979 as Clean Water Day. The M.ivor also noted that ceremonies would be held _it Lake Fenwick Park on July 18 honr.ring t Lakc Fenwick Committee For their efforts in tho re- storation project ind also honorinq Johi; Fourr: ier, Sr. for his efforts while serving on tht� Metro Advisory Committee. SPECIAL USE It was noted that at the last meeting of the City COMBINING Council on July 2 , 1979, the Council detorminc: i DISTRICT that due to the f.► ilure of Kent Hicrhlandt , and the CD-SU-79-1 City of Seattle t(; satisfactoril,.- comply with certain condition- relating to the operation of the sanitary landfill, that no further hermit KENT HIGH- would be issued to Kent Highlands to mince material LANDS, INC. to be used as a cover on the landfill, ex_•ept for what would be needed to provide a final --ver. The landfill permit was not directly addressed by the previous action, although the eff.-!,t w.,s - 1 - July iU, 1979 SPECIAL USE to shut down the operation. Action shoui.d now COMBINING be taken on the landfill permit. DISTRICT CD-SU-79-1 Mirk summarized the background history j:_ the operation and ar(�a in question. Using man dated KENT HIG11- April 1971, he pointed out the development plan LANDS, INC. of Kent Highlands showing the source of the t 11 to be used to cover the sanitary land fL11 and outlining the Kent Highlands properties . including that portion used by Seattle for the sai:itary landfill. The map also showed the area desicinated as a future park. Mirk made the following observations based on information gleaned from the public records of the city: The first applic.,r ion for a gravel minir,:: pe! - it was filed with tho county for the Duke h Duchess Mining Operation prior to the time the -irea wis annexed to the city. Upon annex.ttion in 1959 the area was zoned M2 thus allowing the min , ng and gravel operation. At that time there w.-t:-; soar, opposition and Kent Highlands assured this resident. of the area that it would not just be a .ravel operation, that homes would eventually btu built upon the site. In 1966 Kent amended the zoning ordinance to allow sanitary landfill opt.-rations as conditional exceptions in any zone, -rnd Kent Highlands asked for the sanitary landfiii. -i !� was approved by the city, and upon appeal , was uphel.. by the courts. Kent Highlands rind the C sty c,f Seattle then entered into an agreement and the landfill operation commenced in .Tuly 1968, after meeting the various requirements. In the winter of 1969 , the first leachate problems on the site were encountered and Seattle hired a firm to design a treatment facility which was briilt at a cost of $700, 000. Mirk noted that another systarn picked up .groundwater by means of a pipe coming downhill. Early in 1970 the Department of f;cology notif ad Seattle that the procedure of dischargin:; directly into the Green River through a 24 pipe woulO have to be changed. This was subsequently c:o,,nged to discharge the leachate into the Metro ma-ihole at 2 _ July 16, 1979 SPECIAL USE S. 228th and the West Valley Highway. In April COMBINING 1975 a rodent problem was investigated by Kin, DISTRICT County Department of Public Health and was deter- CD-SU-79-1 mined by them to be the result of negligence on the part of nearby residents with respect to KENT HIGH- food for their pets, garbage cans, etc. Complaints LANDS, INC. about the odor of the operation in April 1976 re- sulted in Seattle ordering a study and an attempt to locate the source of gases thought to be the source of the problem. This study lasted from January 1977 to February 1978 and determined that there were 4 points from which methane gas was escaping around the perimeter of the operation and firing stations were established to burn off the gas. Mirk reported that through documentation from Seattle, he had determined that through May 1, 1978 the City of Seattle had spent approximately $1, 210,000 in either studying or attempting to alleviate the problem of the leachate or the methank, gas problems. Mirk further noted that Seattle had agreed on June 6, 1979 to cover the leachate treatment lagoon and would pipe the gases accumulating under the cover to a place where they could be burned. He noted that the staff had recommended therefore at the July 2, 1979 Council meeting that 120 days be allowed for Seattle to accomplish this. Kent had attempted to close the dump in April of 1978 on the grounds that it was not being properly operated but the court found that Kent had in- sufficient evidence. Mirk noted that the Council had been provided with copies of Kent Ordinance 1390, Board of Adjustment Resolution No. 59 and the contract between Seattle and Kent Highlands. He stated that the Resolution listed conditions, including all of the provisions in Ordinance 1390 regarding sanitary landfili operations. He particularly cited Section 2B and 2C of Resolution 59 providing that the operation by the City of Seattle would be "safe and sanitary" and it has been shown that this has not been done. He noted further that the operation had not been 3 - I July 16, 1979 SPECIAL USE conducted in "the best interests of the health COMBINING and welfare of the citizens of Kent" , and as such DISTRICT the Council could revoke the permit. He also CD-SU-79-1 noted that Section 4 of Ordinance 1390 referring to covering the material and dust control were KENT HIGH- not carried out and were, therefore, also reasons LANDS, INC. to revoke the permit. The contract between Seattle and Kent Highlands also gives Kent Highlands the option to terminate the contract for reason of non-compliance by Seattle. Mirk noted that if the permit was revoked there were several alter- natives as to how Kent could ensure that the final cover would be placed over the landfill. 1) Some form of legal action against Seattle and Kent Highlands. 2) Ask King County Department of Public Health to enforce its regulations on landfills which include cover with tillable soil and seeding. 3) Voluntary compliance by Kent Highlands. He noted, however, that Kent Highlands had tonight filed a notice of a lawsuit against the city, and a claim in excess of three million dollars. Mirk pointed out that the applicant had planned to build houses on the sight when the gravel opera- tion first started, which was seven years before the landfill operation commenced. He noted further that the five acre park promised to the city upon completion of the landfill may not be given if the landfill is stopped at this point. It has not been determined exactly what is causing the main problem., the odor. Mirk noted that an important question was whether Seattle would now spend the money to cover the leachate pond now that Kent had not extended the permit. He pointed out that Kent' s contractor for garbage disposal had already re- quested a meeting to negotiate new rates since the refuse had to now be hauled further and that an increase in the rates to the citizens will now 4 - July 16, 1979 i i SPECIAL USE be necessary. He noted that the overall effect COMBINING of the longer hauling distance on the energy DISTRICT situation should be a matter of consideration. CD-SU-79-1 Mirk concluded his summary noting that the City did have the legal right to revoke the permit KENT HIGH- which allows the sanitary landfill to operate. LANDS, INC. The public hearinq was then opened by Mayor Hogan. James Curran, attorney for Kent Highlands, noted that he did not represent the City of Seattle and that Kent Highlands received notice of this hearing only about 4 days ago. He questioned the adequacy of the notice and questioned whether the city had the right to revoke a permit once issued without some foundation, such as an ordinance of the city or of the state, which states that the city has the right to revoke such a permit. He noted that the landfill has already been closed by the action, of refusing the mining permit on July 2, 1979 . He stated that revocation of the landfill permit to- night would constitute a separate action and would result in an additional lawsuit and that the con- sequences to the City of Kent would be serious. He noted that Kent Highlands would not cover the landfill voluntarily due to the great cost. He stated that there was nothing to be qained by revoking the permit tonight, and pointed out that Seattle has spent considerable funds trying to correct the problems. He stated that the leachate pond cover should be considered and that Kent High- lands wants to cooperate. Mr. Euteneier stated that now that dumping on the site has ceased, Seattle has simply walked away from the situation and the area is still uncovered, the odor is still there and the residents are no better off than they were. He asked that steps be taken to cover the area. Mayor Hogan noted that Kent Highlands had filed a claim against the city today at 3: 50 p.m. in the amount of $3, 510,000, plus amounts yet to be determined. She noted also receipt tonight of a court order requiring the city to produce certain records on July 18 in Seattle. Upon McCaughan's question , Mirk clarified that the City of Seattle had renewed the contract with Kent 5 - July 16 , 1979 SPECIAL USE Highlands without notice to Kent. Mirk noted that COMBINING the terminology in the Board of Adjustment's DISTRICT Resolution 59 is subject to interpretation and CD-SU-79-1 does not say that the contract is incorporated into the permit. Mirk noted that the City's best KENT HIGH- approach may be to ask the King County Department LANDS, INC. of Public Health to take charge of cleaning up this operation. Masters asked Curran if there would still be material left to be mined or would it all have been mined by now if the cover had been placed over the landfill every day exactly as required. Curran stated he didn' t know but that Mr. Corrigan thought that it would be pretty close. B. Johnson opined that the mining operation would have been completed five years ago if 12 inches of cover had been placed daily as required. Carey stated that we cannot let the raw garbage stay uncovered indefi - nitely and that some immediate steps must be taken. Mirk clarified for McCaughan that the permit could be revoked and the staff could ask King County Health Department to see that the area is cleaned up as it constitutes a health hazard. Masters questioned the source of the needed cover material, since we have halted Kent Highlands' mining opera- tion. Mirk opined that it could cone from the site and that it was not the City' s problem. There were no further comments and McCAUGHAN MOVED to close the public hearing . B. Johnson seconded, motion carried. McCAUGHAN MOVED that the permit previously granted to Kent Highlands, Inc. to operate a sani- tary landfill be revoked for noncompliance with Board of Adjustment Resolution 59 , Sections 2B and 2C and Ordinance 1390 , Section 4 subsections 2 , 4 , and 7. B. Johnson seconded, motion carried with Just voting hay. Mirk stated that the staff would contact the King County Health Department. ZONING Landscaping Requirements. On June 18, 1979 the City CODE Council held a public hearing to consider amending AMENDMENT the landscaping requirements of the City of Kent Zoning Code. At that time the hearing was continued to this date. The continued public hearing was opened by the Mayor. Harris noted that staff had been working with the Chamber of Commerce special 6 - July 16, 1979 ZONING task force as well as a landscape architect and CODE that additional time was required. He suggested AMENDMENT continuing the hearing to August 6. Don Bogard noted that he was a member of the task force and concurred with Harris ' s statements and asked for continuance further than August 6. Harris stated that staff had cooperated with the committee in granting the extension to August 6 and felt that August 6 was a reasonable time frame for then: to complete their study. There were no further com- ments and no correspondence has been received. B. JOHNSON MOVED that the hearing be continued to August 6 , J. _'ohnson seconded. Motion carried. REZONE Union Pacific Land_ Resources Rezone (Kent Indus- trial District. ) At its June 18 , 1979 Council meeting, the City Council continued the hearing on this rezone until such time as the Interim Planning Program Ordinance Agreement is signed by the applicant. The agreement has not as yet been drafted and has therefore not been signed by the applicant. The continued public hearinq was opened by the Mayor. Harris pointed out the location of the proposed rezone area. He also noted that the IPP contracts covering the Surface Water Study, Green River Corridor Study and Trans- portation Study would be presented for approval tonight and recommended that the hearinq be con- tinued until August 20 so that Kramer, Chin & Mayo could present information at the August 13 work- shop meeting as a seminar. Dick Warren of Kramer, Chin and Mayo addressed the Council and noted that the issues and problems in land development were unique in Kent. He suggested that action taken at this time on proposed rezones would have an impact on all future plans. He also pointed out that the studies by his company, Jones & Jones and URS would be started immediately. He also suggested that continuing the hearing to August 20 would enable the Council to receive input from staff and from the consultants. It was also Noted that the terms of the zoning contract have not as yet been worked out. Cushing noted that the pro- cess outlined by Kramer, Chin and Mayo contemplates - 7 - July 16 , 19719 REZONE a series of presentations and seminars involy.Lng the City Council and the three consultin,; firms starting at the next workshop with an ovF:rview for the Council. He noted that staff would be working with Kramer, Chin & Mayo, as well as with developers, property owners and the oth._�r con- (UnIon sultants to develop a plan for the area. Uhr; ch Pacific questioned whether the rezone could be approved Land at this time , subject to the results of the vari- Resources) ous studies beinq contemplated. Dick Warren sug- gested that the request was a reasonable one but that there was not enough information available to prepare a contract rezone. CAREY MOVED to continue the hearing to August 20, McCaughan seconded. Motion carried. William E. Coats . On June 26 , 1979 the Planning Commission held a public hearing on an application filed by William Coats for a rezone front M-2, Limited Industrial , to CD-2, Downtown Commercial zone. The subject property contains approximately 1. 8 acres located on the north side of Smith Street_ . between 222 and 657 feet west of Fourth Avenuo. (Coats) At its hearing, the Planning Commission recommended that the rezone application be approved with the following conditions: 1) Quit claim deed to the City of Kent the exist- ing right of way for Smith Street. 2) Execute and record a covenant document encom- passing all property per this application con- sent to the formation of a local improventunt district for the improvement of Smith Street with asphalt concrete pavement (40 feet wide) , cement concrete curb and gutters, storm drain- age, cement concrete sidewalks, street li(shting and underground power. Covenant document to be reviewed and approved by the Engineering Department prior to its execution and recording . Harris pointed out the location of the rezone area on the map noting that it was west of thr� ONB rezoc,e recently approved. The public hearing was opened by the Mayor. William Coats addressed the meeting , 8 - July 16 , 1979 REZONE noting that Condition #1 was not necessary for the rezone and Mirk clarified that this xas true since the applicant did not own the right-of-way. Referring to Condition #2 , Coats voiced his con- (Coats) sent to the formation of an LID for the street improvement and stated that he would join in such a petition. lie presented a letter to the Council setting forth this fact. JUST MOVED that the letter bey made a part of the record, Carey seconded. Motion carried. Mirk also agreed with Mr. Coats' regarding Condition No. 2 and stated that it was not necessary to make it a condition of tho rezone, since Coats h::d offi- cially agreed to join in an LID. McCAUGIIAN MOVED that the change of zone be approved without the conditions. Carey seconded. It was noted thit the letter and st,itements were part of the record and would be available for future reference. Motion carried. SOUTHCENTER The public hearinq on this preliminary Mat was CORi'ORATE continued from the June 18 Council meetirig to PARK PRE- this date. The consultinq firm of Jones & Jones LIMTNARY gave a presentation at the City Council work PLAT session on July 9 indicating two alternatives. The alternative wt.ich permits the part of the plat lying easter _,.- of 62nd Avenue S. to proceed, while the area al-,rng the river remains u-platted until the Green River Corridor Plan is .rmul c:.ed, is the staff' s and consultant' s preferr, :i alter- native. The continued hearing was opened by Mayor Hogan. John Hunt of Jones & Jones noted that the plat includes approximately 1. 5 miles of river frontage. He showed slides of the Green River in the general area of the proposed plat, noting that in some places industry has been permitted to build very close to the river. The slide showed the roads on both sides of the r�' ver in use by joggers, bikers and noted also bo.:ters on the river. Sketches were then shown of the layout of the plat and Hunt noted that most lot: will be served by rail , and that the lots adjacent to the river must have adeauate setbacks. He noted that 9 - i .... ......... July 16, 1979 SOUTHCENTER the distance of the river from the dike varies at CORPORATE different places, that landscaping plans could PARK PRE- differ from lot to lot and that storage and LIMINARY trucking activities would be between buildings. PLAT Hunt referred to the Jones & Jones report con- sisting of 14 pages, plus sketches which was presented at the July 9 workshop, a copy of which has been made a part of the record. Paqe 11 of the report describes Alternative 1 and Hunt com- mented on the disadvantages related thereto. He referred to page 12 of the report describing Alternative 2, which has been recommended by the consultants and staff. This alternative recommends approval of the non-river related portions of the plat and withholding approval of the river-related portion pending the develop- ment of an Industrial Planned Unit development Ordinance in accordance with the Green River Corridor Study. Sketches relating to Alternative 2 show clustering of buildings near the river, setbacks, parking away from the river and open space showing a landscaped buffer. Dave Uhrich of Uplands presented a film showing the industrial growth of the Green River Valley over the years, including the development along the river. After the film Uhrich noted that Uplands is a raw land developer, that they are not land speculators and that they propose to . develop rail-served industrial parks. He noted that less than 50% of this plat will be served by rail and that plans have been underway for two years, with presentation to the City in Octo- ber 1978 . He stated that Uplands has studied the Jones & Jones report and that Alternative #2 presents a critical problem, in that rail-oriented industrial property is not compatible with the PUD concept for the western portion. He noted that Uplands has formulated a third alternative, a combination of the two alternatives presented by Jones & Jones. He pointed out that Alternative #1 of Jones & Jones is completely acceptable to Uplands and further explained that the question of setbacks along the river could be remedied by making the setback a minimum of 25' from the dike. 10 - July 16, 1979 SOUTHCENTER Uhrich referred to Alternative #2, concurring CORPORATE in the PUD concept on the river edge for all PARK PRE- of lots 6 through 25 in Block 1, and that all LIMINARY development along the river be in increments PLAT of five acres, with approval by the Council prior to issuance of building permits. He com- mented on the open space land which would be donated to the city described as Tracts A & B totaling about 15 acres and containing access to the river in two places and parking facilities for about 35 vehicles. Uhrich submitted a pro- posal entitled "Recommended Conditions of Approval for Southcenter Corporate Park" as follows: 1. All internal streets, except for S. 190th Street from 66th Avenue S. to West Valley Highway, sha11 be fully improved with as- phalt concrete pavement and cement concrete curb and gutter to a minimum 36 feet width. S. 190th Street, from 66th Avenue S. to West Valley Highway shall be fully improved to a width of 44 feet. 2. Russell Road/S. 196th Street shall be im- proved to a half street width of 22 feet as measured from the center line of the exist- ing pavement. Said half street improvement shall extend the entire length of the plat and shall include asphalt concrete pavement and cement concrete curb and gutter. The balance of said street shall be overlaid with asphalt concrete pavement one inch mini- mum thickness. 3. West Valley Highway shall at the S. 190th Street intersection to accommodate a north bound left turn pocket. 4. Street lights shall be installed within the plat and along Russell Road/S. 196th Street. 5. Provide and install street name signs for the plat. i July 16, 1979 SOUTHCENTER 6. Install water mains to meet fire flow re- CORPORATE quirements. A 12 inch water main shall be PARK PRE- installed on Russell Road/S. 196th Street LIMINARY for entire plat boundary. Provide intertie PLAT with City of Tukwila water system within Southcenter Industrial District. Agreement for said intertie will be negotiated by the City of Kent. 7 . Install a gravity sanitary sewer system and service all lots. 8. Construct concrete sidewalks on one side of all through streets including along Russell Road/S. 196th Street. Construct cement con- crete sidewalk along both sides of S . 190th Street from 66th Avenue S. to West Valley Highway. 9 . Install storm water drainage system that meets the City of Kent's drainage ordinance requirements. 10. Submit detailed plans, for all of the above referred improvements, to the Engineering Department for review and approval. 11. Dedicate additional right of way along and abutting Russell Road/S. 196th Street for the entire plat frontage such that one-half the total street right-of-way shall be 30 feet. 12. Dedicate 20 feet to right-of-way along and abutting West Valley Highway for entire plat frontage thereon such that total west one- half of right-of-way shall be 45 feet in width. At the West Valley Highway railroad crossing (N.E. corner of the plat) , dedicate an additional 15 foot right-of-way along West Valley Highway such that the total half street right-of-way width at the N.E. corner of the plat is 60 feet. Said 60 foot half street width shall extend southerly approxi- 12 - July 16, 1979 SOUTHCENTER mately 130 feet from the N.E. corner, thence CORPORATE tapering back to the 45 foot said half PARK PRE- street width at about 330 feet south of LIMINARY said plats N.E. corner. PLAT 13. The rail crossings proposed at S. 196th Street are an independent action requiring joint approval by the City Council and the Washington State Utilities and Transporta- tion Commission. Approval of said crossings should follow the standard procedures. 14. Upland Industries has previously agreed to donate a strip of land consisting of the dike and an area 10 feet in width on the land site of the dike. 15. An additional 15 foot wide landscape buffer strip will be adjacent to the 10 foot strip. 16. No. 1 and No. 2 will comprise a distance of 75 feet from the river landward. 17. Landscaping in the 15 foot landscape strip will be determined by the City of Kent. 18. Public access to the Green River will be pro- vided at the point where the Puget Power right-of-way extends from S. 194th Street to the river. 19 . There will be no storage to the rear of any building on any of the lots which are adja- cent to the Green River. 20.. Tractor trailer type trucks will not be per- mitted to the rear of any building on any of the lots which are adjacent to the Green River. 21. No building will be higher than 25 feet on any of the lots adjacent to the Green River. 22. General landscaping maintenance will be covered in the plat covenants. 13 - July 16 , 1979 SOUTHCENTER 23. No metal buildings will be constructed on CORPORATE any lot abutting the Green River. PARK PRE- LIMINARY 24. The applicant is required to provide ade PLAT quate off-street or on-street parking for public access to the river bank. 25. The applicant will abide by all conditions of Alternative 1 in the report dated July 9, 1979 completed by Jones & Jones. 26 . All buildings adjacent to the Green River will be setback a minimum of 25 feet from the toe of slope of the dike. 27 . The City of Kent will be made a third party beneficiary in the applicant' s protective covenants with respect to those portions re- latinq to the maintenance of landscaping. The City will maintain the right to require compliance of the provisions by the property owners. 28 . The applicant will not amend the protective covenants unless agreed to by the City of Kent. 29 . All development on lots adjacent to the Green River, being Lots 6 through 25 of Block 1, will require approval of the Kent City Council prior to the issuance of Build- ing Permits. 30. The applicant has agreed to donate the sur- face of the portion of the Oxbow area shown in green on the plat to the City for park purposes. 31. The applicant has agreed to donate adequate surface area between Lots 10 and 11 of Block 1 for the parking of 35 automobiles. This proposal and a sketch entitled "Sidewalk and Lot Layout Plan" have been made a part of the offi- cial record and were distributed to the Council. - 14 - i July 16, 1979 SOUTHCENTER He noted that the 31 points include the 25 con- CORPORATE ditions recommended by the Planning Commission PARK PRE- as listed in the May 21, 1979 Council minutes LIMINARY as now modified by Uplands and that they also PLAT relate to the comments contained in the Jones & Jones report. It was determined that some of this material had not been previously seen by the Council or by the consultant and that time would be required for study of the material, although Uhrich asked that action not be fur- ther delayed. CAREY MOVED to continue the matter to the August 6 meeting, with discussion to be held at the July 30 workshop meeting. McCaughan seconded. Motion carried. ,I REVOCATION Roadway Sales & Leasing. Upon the complaint of OF BUSINESS the Planning Department and the City Attorney, LICENSE the Council on June 18 set this date for a public hearing to consider revocation of the business license of Roadway Sales & Leasing, located at 21217 East Valley Highway. Mr. Robert Hamlin, owner of the business was notified of the hear- ing. The public hearing was opened by Mayor Hogan. Don Mirk explained that the license was issued for an office to arrange leases for cars and that the application specifically states that this was not to be a car sales lot. This business commenced in January 1979 . The Planning Department, in March 1979 , informed Mr. Hamlin by mail, that it had been noted that a number of vehicles were offered for sale and that this was not permitted in an M-3 zone without a Conditional Use permit. Several communications were sent to the business, and an application for the permit was secured, but was never completed and filed. Mr. Edward Sharkey, partner in the business, stated that there were cars offered for sale, but that they were not at the address of the office, they were on another lot 90 ' north of the office. He stated that he and his partner had approached the owner of the lot in an attempt to buy it, but that the owner had plans to build on the lot in August. He noted that various people had used this lot for selling cars for years with the permission of the owner. He stated 15 - July 16, 1979 REVOCATION that he and Hamlin still had seven cars to sell, OF BUSINESS located on the lot in question and that they LICENSE could probably sell them in three weeks, after which they had no further plans to sell cars. He asked that the license for the office not be revoked. Mirk advised that the operation was in violation of the ordinance and that if the license was not revoked, the Council should insist that the cars be removed promptly. There were no further comments and CAREY MOVED to close the hearing. Elliott seconded, motion carried. JUST MOVED to allow the license to continue and for the cars to be removed by the end of the week. McCaughan seconded. J. Johnson objected, noting that there was no question that the acti- vity had been a violation of the zoning code. Motion carried with J. Johnson dissenting. REZONE Earl McLaughlin Rezone. On June 26, 1979 , the Planning Commission held a public hearing on an application filed by Earl McLaughlin for a re- zone from MA, Industrial Agricultural to M-1, Industrial Park zone. The subject property contains 4 . 82 acres located south of S. 212th Street, directly east of the K.O.A. Campground (approximately 1100 feet east of Russell Road) . The Planning Commission recommends that this re- zone application be denied. This application falls under the IPP Ordinance 2164 and the agreement required by the ordinance has not yet been drafted. The public hearing was opened by the Mayor. There were no comments and no correspondence and B. JOHNSON MOVED to continue the hearing to August 20. Just seconded, motion carried. David & Joyce Graff, et al. On June 26 , 1979 , the Planning Commission held a public hearing on an application filed by David & Joyce Graff, et al for a rezone from R-1 , Single Family Residential to MR-M, Medium Density Multi-Family Residential zone. The subject property contains 4. 11 acres lying on the west side of 116th Avenue S.E. , approximately 350 feet south of S.E. 256th Street. 16 - July 16, 1979 REZONE Harris pointed out the area on the map noting that the Planninq Commission had recommended that the application be denied due to the im- pact such a development would have on the traffic at the intersections of Kent Kangley and S.E. 256th and at Kent Kangley and 116th S.E. The public hearing was opened by the Mayor. Bob Evans, representing the Graffs and Key West Development Corporation, noted that 90 condominium units were planned for this parcel and that the Comprehensive Flan indicated multiple use for this area. Evans made a presentation of the amount of traffic which might be generated for these intersections by the proposed 90 units, showing that an in- crease of 50 cars might be expected during the morning peak hours and 60 during the peak even- ing hours. He stated that Kent Kangley Road was (Graff) scheduled to be improved in October 1979 and that utilties were available for the development. Robert Gibbons stated that he lived across the street and was opposed to additional multiple development and noted that the county was con- sidering 198 four-plexes in this same area. Dick Gilbert stated that he lived in the area and noted that both sides of 116th S.E. were single family residential , and that he opposed the development, noting also traffic congestion already existing on 116th. Mike Todd concurred with Gilbert and upon his question Evans noted the development might generate 100 vehicles on 116th. Evans stated for Gilbert that this pro- posed development had nothing to do with one pre- viously proposed by Mr. Hart. Judy Todd suggested that consideration of this type of proposal should be delayed until the improvement of the Kent Kang- ley Road is actually accomplished. It was deter- mined that under the proposed zoning, 23 units per acre would be permitted and Evans noted that his proposal was for approximately 21 units per acre. Carey commented that the MR-D (duplex) zon- ing to the north of this proposed rezone is serving as a buffer for the existing R-1 zone, that the 17 - July 16, 1979 i REZONE R-1 zoning had to be protected. He further noted the traffic problems and stated that he would oppose the rezone, as he had done when a similar rezone was proposed for this area. Upon McCaughan' s question, Evans stated that City Engineer Wickstrom had said that the creek in the area would not be a problem to the develop- ment. Carey stated that he lived in the area, the creek crossed his property and that it was dry in the summer. J. Johnson stated that he was opposed to the rezone and had served on the Planning Commission when a similar proposal was the subject of a public hearing. Elliott voiced his opposition to the proposal opining that the Planning Commission and Council had erred in allowing MRM zoning to extend to 116th S.E. and that the remaining R-1 zoning to the north and to the east should now be protected. B. Johnson (Graff) noted that aside from traffic congestion this development would require other city services such as water. Just expressed concern over the traffic congestion in the area. There were no further comments and CAREY MOVED to close the hearing. Just seconded, motion carried. CAREY MOVED that the application for rezone be denied, Just seconded. Motion carried. Cushing noted the concern of the Council as to what the Comprehensive Plan shows for the area in question and suggested that the Council could ask the Planning Commission to review the area, and perhaps recommend a more appropriate zoning. Carey stated that as a resident of the area he would be in favor of such a move. He commented that part of the area would not be developed for some time because the sewer flow would be to the east and would require a pump station. Mayor Hogan noted that she was a member of a county committee which had recently voted to not allow sewers to additional areas in the county. She. noted that this was also a problem for new developments along with water service and transportation. Cushing noted that the Council might want to consider asking the Planning Commission to review the Comprehensive 18 - July 16, 1979 REZONE Plan for the East Hill area. A gentleman from the audience asked if the Appearance of Fairness Doctrine had been violated in this hearing, since Carey was a resident of the area involved, Mirk stated that there was no problem in this case. HEALTH & (CONSENT CALENDAR ITEM 5G) SANITATION Outside Sewer & Water Requests. APPROVAL of the following requests for outside sewer and water service, without annexation but subject to the provisions of Resolution No. 822: Name Location 1) RAWDON, Walter 2 acre parcel at 23722 94th Avenue S. (Service will be available by ex- tension after the Kentview Plat improvements are made. ) 2) THOMSON, Arthur Short Plat at 11624 S.E. 234th Street. (Service adjoins the property. ) (CONSENT CALENDAR ITEM 5K) Bill of Sale - Sewer Extension - Buyken Stamping & Machine Works. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 60 feet of sanitary sewer extension constructed in the vicinity of North 4th Avenue and S. 228th Street for Buyken Stamping & Machine Works and for re- lease of the cash bond after payment of any out- standing City bills. (CONSENT CALENDAR ITEM 5J) Latecomer Agreement - Buyken Stamping & Machine Works. AUTHORIZATION for preparation of the ne- cessary documents for a late comers agreement as requested by Southpark Investment Company. The request covers the utility extension constructed for Buyken Stamping & Machine Works in the vicin- ity of North 4th Avenue and S. 228th Street. The - 19 - July 16, 1979 HEALTH & Engineering Department has reviewed the request SANITATION and finds the project eligible for such an agree- ment and recommends the preparation of same, sub- ject to the developer paying all City costs. (CONSENT CALENDAR ITEM 51) Bill of Sale - Kentwood Glen #3 - Sewer, Water & Street Extensions. ACCEPTANCE for continuous operation and maintenance of the Bill of Sale and Warranty Agreement for approximately 1 ,810 feet of 10" water main extension, 1, 320 feet of 6" water main extension, 2, 510 feet of sanitary sewer extension and approximately 2, 360 feet of street improvements and related appurtenances constructed for the plat of Kentwood Glen #3 in the vicinity of 45th Place South and S. 256th Street and release of the cash bond after payment of any outstanding City bills against the project. STREETS (CONSENT CALENDAR ITEM 5E) Six Year Transportation Improvement Program. ADOPTION of Resolution No. 876 adopting the 1980- 1985 Six Year Transportation Improvement Program. (CONSENT CALENDAR ITEM 5L) LID 292 State Agreement for Benson Highway Improvement. AUTHORIZATION for signing the Washington Depart- ment of Transportation agreement as recommended by the Public Works Committee, whereby the State will participate in 39 . 7% of the costs of the 104th Avenue S.E. street improvement project bet- ween S.E. 235th Street and S.E. 242nd Street (LID 292Y . The state share is estimated to be $385, 266 . 24. (CONSENT CALENDAR ITEM 5H) Fourth Avenue Signals. ACCEPTANCE as complete of Electric Controls contract for the 4th Avenue Signal project and release of the retainage after receipt of the necessary State releases. (CONSENT CALENDAR ITEM 5M) Military Road Widening and Channelization at Kent- Des Moines Road. APPROVAL of the request of Valley Cement Construction, Inc. for Change Order No. 1 in - 20 - _. July 16, 1979 STREETS the amount of $5, 288 . 36 to furnish and install four induction loops, wires, conduits and con- nections in accordance with the plans and speci- fications. The total cost will be borne by the State and the request has been reviewed and re- commended for approval by the Engineering Depart- ment. Bids - 1979 Asphalt Overlays. Bids were received on July 13 , 1979 on 1979 Asphalt Paving Projects covering S.E. 267th Street, 110th Avenue S.E. , East Valley Highway, Old Reith Road and S. 4th Avenue as follows: (Schedule I) Bidder Amount Lakeridge Asphalt Paving, Inc. $48 , 305. 80 Lakeside Industries 48, 544 . 70 M. A. Segale, Inc. 48 ,729 . 50 Hi-Line Asphalt Paving Co. , Inc. 53, 352 .00 (Engineer ' s estimate - $55, 875. 00) In accordance with the recommendation of the Engi- neering Department, B. JOHNSON MOVED that the best bid of Lakeridge Asphalt Paving, Inc. in the amount of $48 , 305. 80 for Schedule I be accepted, Carey seconded. Ulett noted that Schedule II was an alternate bid which included overlay for Chicago Street from Reiten Road to Van de Vanter, which will be deleted from this year's project. Motion carried. PHASED Interim Planning Program Contracts. The staff met LAND with the three consultants involved in the IPP and DEVELOPMENT reached agreements on the respective contracts. Kramer, Chin & Mayo will assume a lead agency role, responsible for project management, land use and the drainage plan. Their cost for the project will be $190, 573. The Jones & Jones contract for the Green River Corridor Study is $28,000, and the URS contract for the Transportation Study will be $45, 000. McCAUGHAN PROVED for authorization to sign contracts with Kramer, Chin & Mayo, Jones & Jones and URS for Valley Planning Studies for a combined amount of $263, 573. Carey seconded. Motion carried. - 21 - July 16, 1979 HEALTH (CONSENT CALENDAR ITEM 50) 1979 Health Contract. AUTHORIZATION for the Mayor to sign the 1979 Health contract with King County. PARKS & (CONSENT CALENDAR ITEM 5F) RECREATION Reclamation of Upper Mill Creek Retention Pond. AUTHORIZATION for the Mayor to sign the contract with Jones & Jones to design the reclamation of the Upper Mill Creek Retention Pond. All services, which include schematic design, typed narrative, estimated costs of development, staff assistance and supervision, will be provided by Jones & Jones at hourly charge rates with a maximum set at $3, 000. Adequate monies are available in the Park budget. (CONSENT CALENDAR ITEM 5C) Senior Center Remodeling. ACCEPTANCE of the Kent Senior Center remodeling project as complete, as recommended by the Parks Department and Don Bogard, Architect, and release of the retainage upon receipt of necessary State releases. (CONSENT CALENDAR ITEM 5N) . Garrison Creek Park Annexation. AUTHORIZATION for the City Attorney to prepare an ordinance to annex Garrison Creek Park into the City of Kent. METRO Mayor Hogan noted receipt of a letter from King TRANSIT County Councilman Gary Grant noting that Metro had added 100,000 hours of service to the Metro Transit budget. Grant is asking for comments on where transit service should be extended or expanded in the outlying areas. The Mayor noted it had appeared that the service in this area was ade- quate and that if any of the Council had suggestions for Grant, they should be forwarded by July 18. PERSONNEL Upon the recommendation of the Finance Committee, B. JOHNSON MOVED to approve hiring Aileen McCaughan for summer work with the Parks Department. She noted that Ms. McCaughan was the daughter of Property Manager Gerald McCaughan. Carey seconded, motion carried with McCaughan abstaining. - 22 - July 16, 1979 FIRE Masters noted that those who intend to attend DEPARTMENT the retirement dinner for volunteer Lin Jensen should so advise Carol St. Clair at the fire station. METRO/KING Mayor Hogan noted receipt of a copy of a letter COUNTY from John Miller, President of the Seattle MERGER Council , to John Spellman, King County Executive, stating that the Seattle City Council supports the Suburban Mayors Association in their request to have the issue of the merger of Metro and King County removed from the November ballot. JUST MOVED to make the letter a part of the record, Carey seconded. Motion carried. NOISE The Clerk noted receipt of a letter from Dennis POLLUTION Neifert suggesting that the excessive use of train whistles in the city are in violation of noise level standards. CAREY MOVED to accept the letter and to refer it to the Public Safety Committee, Just seconded. Motion carried. FEE (CONSENT CALENDAR ITEM 5D) SCHEDULES APPROVAL of Ordinance No. 2171 amending fee schedules for applications filed with the Planning Department. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills_. APPROVAL of payment of bills received through July 19 , 1979 and approved by the Finance Committee at its meeting at 3:00 p.m. on July 31, 1979. The following claims were approved by the Finance Committee at its meeting of July 16, 1979 : Current Expense $109 , 756. 08 Parks& Recreation 17, 470 .97 Library 1,143. 15 City Streets . 14 , 508 . 51 Kent Commons Oprtg Fund 256 .05 Workmen' s Comp 1, 875 . 00 Fed Shared Revenue 699 . 22 Russell Rd Pk Ph II 965. 19 23 - July 16, 1979 FINANCE P4il/Kent-D/M Int 38,446.43 4th Ave Signals 60,745.60 Knt Comm - Ph II Con 151,035.05 1978 Wtr Rev Const 14,227. 57 Equipment Rental 31,175.99 Housing & Comm Dev 55.00 Arts Commission 2,718. 15 LEFF Disability 39 . 20 Sewer 2,160.01 Water 14,599 .75 $461, 876.92 ADJOURNMENT B. JOHNSON MOVED that the meeting be adjourned at 12:10 a.m. , Masters seconded. Motion carried. Marie Je n, CMC City Clerk - 24 - __