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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/15/1981 Kent, Washington June 15, 1981, Regular meeting of the Kent City Council was called to order at 8: 00 o'clock p.m. by Mayor Hogan. Present: Mayor Hogan, Council- persons Bailey, Hamilton, B. Johnson, J. Johnson, and McCaughan, City Administrator Cushing, City Attorney Mirk, Planning Director Harris and Public Works Director Wickstrom. Councilpersons Masters and Mooney were not in attendance. Also present: City Treasurer Drotz, City Engineer Gill, Hearing Examiner Burke, Planning Commis- sioner Kelleher, Associate Planner Osen and URS representative Abed. Approximately 35 people were in attendance at the meeting. CONSENT B. JOHNSON MOVED that Consent Calendar Items A through CALENDAR N be approved, Hamilton seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of June 1, 1981. HEALTH & (CONSENT CALENDAR ITEM 5G) SANITATION Implementation of Garbage Recycling Program. ADOPTION of Resolution No. 930 declaring the City' s intent to proceed with the implementation phase for a recycling program as recommended at the June 8, 1981 workshop. (CONSENT CALENDAR ITEM 5L) LID 299 - Sanitary Sewer Improvements (S.E. Corner James Street and West Valley Highway) . ACCEPTANCE of the contract of Frank Coluccio Construction for the construction of sanitary sewers for LID 299 in the vicinity of the S.E. corner of James Street and West Valley Highway as complete and RELEASE of the retainage after receipt of the necessary releases from the State. WATER (CONSENT CALENDAR ITEM 5J) Bill of Sale - Water Main Extension and Street Im- provements - Kennebeck & Cedar Streets. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approxi- mately 360 feet of water main extension and 360 feet of street improvements constructed by Jim Schmitt in the vicinity of Cedar and Kennebeck Streets for continuous operation and maintenance and RELEASE of the cash bond after expiration of the one-year maintenance period and payment of any outstanding bills against the project. Juno .1.5, 1981. STREETS (CONSENT CALENDAR ITEM 51) Frager Road Bridge Approach. ACCEPTANCE of the con- tract of M. A. Segale, Inc. as complete for the Frager Road Bridge Approach at the S. 212th Street project which consisted of the realignment of the intersection of S. 212th and Frager Road, including widening and elevating the entrance, and RELEASE of the retainage after receipt of the necessary releases from the State. (CONSENT CALENDAR ITEM 5K) 42nd Avenue S. Half Street Improvements . ACCEPTANCE of the contract of Tri-State Construction as complete for the 42nd Avenue S. half street improvements be- tween S. 250th and S. 253rd and RELEASE of the retain- age after receipt of the necessary releases from the State. STREET (CONSENT CALENDAR ITEM 5M) VACATION 101st Avenue S.E. Street Vacation Request. AUTHORIZING the preparation by the City Attorney of a resolution to be presented at the July 6, 1981 meeting setting a public hearing date for August 3, 1981 to consider the petition submitted by B & R Development to vacate 101st Avenue S .E. in the Massey Short Plat. The application fee has been paid and the application validated. PARKS & (CONSENT CALENDAR ITEM 5D) RECREATION Russell Road Park. ACCEPTANCE of the contract of Cromwell Construction as complete for the construction of the Russell Road Park Scorekeeper/Concession Stand project as recommended by the Parks Department and ORB and RELEASE of the retainage upon receipt of the neces- sary State releases. (CONSENT CALENDAR ITEM 5E) Lake Fenwick Restoration Project. ACCEPTANCE of the contract of T. W. Traverso Construction as complete for the Lake Fenwick Restoration Stormwater Facilities project as recommended by URS and the Parks Department and RELEASE of the retainage upon receipt of the neces- sary State releases . ARTS (CONSENT CALENDAR ITEM 5H) COMMISSION Washington State Arts Commission Contracts. AUTHORI- ZATION for the Mayor to sign two contracts with the - 2 - June 15, 1981 ARTS Washington State Arts Commission as follows: COMMISSION 1. $4, 000 - Staff Development 2. $3, 000 - Sculpture at Kent Commons POLICE (CONSENT CALENDAR ITEM 5C) DEPARTMENT Washington State Jail Commission Funding. APPROVAL of the following action in connection with the Kent City Jail remodeling/rebuilding project in accordance with the recommendation of Police Chief Skewes and as discussed at the June 8, 1981 workshop: 1. Authorizing the Mayor to sign the agreement accepting funding. 2 . Authorizing the Mayor to form two committees, the Planning Committee and the Advisory Committee. (The Planning Committee would be responsible for the collection of information, report preparation, framing preliminary recommendations and providing resources needed for policy decisions. The Ad- visory Group would receive the reports, take pre- liminary recommendations under advisement and deliberate policy matter to a consensus point. ) 3. Authorizing the initiation of hiring for the posi- tions of Project Director and Architect. PRELIMINARY (CONSENT CALENDAR ITEM 5N) PLATS Kent 241 Preliminary Plat (SU-81-1) . SETTING of a public meeting date for July 6, 1981 to consider the Kent 241 Preliminary Plat. The Hearing Examiner has recommended approval with conditions. Valley Center Industrial Park Preliminary Plat (SU-80-7) . On June 1, 1881 the Council set this date for a public meeting to accept, deny or modify the recommendation as set forth by the Hearing Examiner on the Valley Center Industrial Park request for approval for sub- division of 78 acres located in the southeast corner of S . 228th and 68th Avenue S. into 61 lots in an M-1, Industrial Park District. The Hearing Examiner recom- mended approval with conditions . On April 15, 1981 the Hearing Examiner held another hearing at the re- quest of the applicant for reconsideration. The amended conditions recommended by the Hearing Examiner are as follows: 3 - June 15, 1981 PRELIMINARY 1. Sanitary sewer service shall be provided to all PLATS lots; detailed plans shall be submitted to the Engineering Department for review and approval. 2. The applicant shall construct a 12-inch diameter water main on 64th Avenue South from South 228th Street to the southern boundary of the plat. The water main construction on South 235th Street, 66th Place South, and South 229th Place shall loop into (Valley Center mains on West Valley Highway and 64th Avenue South. Industrial The minimum main size except where otherwise noted, Park) shall be such as to meet fire flow requirements as established by the Kent Fire Department. In no event shall the mains be less than 8-inch in diameter. Detailed plans shall be submitted to the Engineering Department for review and approval. 3 . A storm drainage system shall be provided pursuant to City regulations. 4. The applicant shall enter into a no-protest LID covenant for the construction of the North/South Drainage Channel and detention project. The appli- cant shall receive credit against any such LID assessment for any property that is acquired for construction of the channel. 5. The applicant shall enter into a no-protest LID covenant for construction of the East Side Green River Watershed Project known as Soil Conservation Service P-1 and P-2 Drainage Channel Project. 6 . Except where noted otherwise, all streets shall be fully improved, and shall be asphalt paved with cement concrete curb and gutter; and shall have a minimum right-of-way of 60 feet and a curb-to-curb width of 36 feet. 7. The applicant shall dedicate 40 feet adjacent to the westerly boundary of the plat for purposes of road right-of-way and shall construct one-half of 64th Avenue South from South 228th Street to the southerly limits of the plat to City standards. 8 . The applicant shall dedicate to the City the neces- sary right-of-way so that the southerly half street right-of-way width for South 228th Street shall be 40 feet as measured from the centerline of the existing pavement. 4 - June 15, 1981 PRELIMINARY 9 . The south half of South 228th Street, as mea- PLATS sured from the centerline of the existing pave- ment, shall be improved with pavement and cement concrete curb and gutter to a half street width of 22 feet. 10. The proposed improvements to 64th Avenue South and South 228th Street may be completed under their respective LID's should such be formed. The applicant shall execute a no-protest LID covenant for the improvements of 64th Avenue South and South 228th Street. (Valley 11. No vehicular ingress or egress shall be permitted Center In- to West Valley Highway from Lot 1 and Lots 37 dustrial Pk) through 49 inclusively. Such restriction shall be noted on the face of the plat. 12. Dedicate to the City for street purposes 20 feet of property parallel to and abutting West Valley Highway such that the new half street right-of- way is at least 50 feet as measured from its centerline for the entire frontage of the property. 13. The applicant shall execute a no-protest LID covenant for the improvement of West Valley High- way with cement concrete curb and gutter, storm drainage, sidewalks, street lighting, underground power, and other related appurtenances. 14 . Construct a left-turn pocket in West Valley Highway at the intersection of South 234th Street; plans to be reviewed and approved by the Engineering Department. 15. The centerline of South 234th Street shall coincide with the westerly extension of the existing South 234th Street. 16. Street lighting to City standards shall be provided on all streets including South 228th. 17. Street signs, stop signs, and lane markings shall be furnished and installed by the applicant to City standards . 5 - June 15, 1981 PRELIMINARY 18. Cement concrete sidewalks shall be installed PLATS along the south side of South 228th Street, and easterly side of 64th Avenue, and one side of South 229th Place, 66th Place South, South 234th and South 235th Streets. 19. A bicycle lane shall be provided on the south (Valley Center side of South 228th Street, with plans to be Industrial reviewed and approved by the Engineering Depart- Park) ment. 20 . No access shall be permitted from a lot or group of lots to other than a fully improved street. BAILEY MOVED that the Valley Center Industrial Park Preliminary Plat be approved with the amended condi- tions as recommended by the Hearing Examiner, together with acceptance of the Findings of Fact and Conclusions of Law of the Hearing Examiner. B. Johnson seconded. Motion carried. Kent West Industrial Park Preliminary Plat (SU-80-6) On June !—, 1981—the Council set June 55, 1981 for a public meeting to accept, deny or modify the recommen- dations as set forth by the Hearing Examiner on the Kent West Industrial Park request for approval for subdivision of 29. 4 acres located at the southwest corner of S. 228th Street and 64th Avenue S. in an M-1, Industrial Park District. On April 15, another hearing was held by the Hearing Examiner at the re- quest of the applicant for reconsideration. The amended conditions recommended by the Hearing Examiner (Kent West are as follows: Industrial Park) 1. Sanitary sewer service shall be provided to all lots; detailed plans shall be submitted to the Engineering Department for review and approval. 2 . The applicant shall construct a 12-inch diameter water main in 64th Avenue S. from S. 228th Street to the southern boundary of the plat. The minimum size, except where noted otherwise, shall be such to meet fire flow requirements as established by the Kent Fire Department. In no event shall the mains be less than 8-inch in diameter. Detailed plans shall be submitted to the Engineering Depart- ment for review and approval. 6 - June 15, 1981 PRELIMINARY 3 . A storm drainage system shall be provided pur- PLATS suant to City regulations. 4. The applicant shall enter into a no-protest LID covenant for the construction of the North/South Drainage Channel and detention project. The applicant shall receive credit against any such LID assessment for any property that is acquired for construction of the channel. 5. The applicant shall enter into a no-protest LID covenant for construction of the East Side Green River Watershed Project known as the Soil Conser- vation Service P-1 and P-2 Drainage Channel Project. 6 . The applicant shall reserve for the City an addi- tional 100 feet adjacent to and westerly of the (Kent West right-of-way of 64th Avenue South for use by the Industrial City for the proposed North/South Drainage Channel., Park) All Code requirements regarding permanent struct�trea, required parking, landscaping, materials storage, accessory uses or structures and all other appli- cable Zoning Code development standards shall be imposed from the westerly line of the 100-foot drainage easement reservation area into the platz This reservation shall become null and void upon abandonment of the proposed drainage channel, or three years from the date of preliminary plat approval, whichever earlier occurs . The owner shall be compensated for the fair market value of the 100-foot drainage reservation area if used for the proposed drainage channel purpose. 7 . Except where noted otherwise, all streets shall be fully improved, and shall be asphalt paved with cement concrete curb and gutter; and shall have a minimum right-of-way of 60 feet and a curb- to-curb width of 36 feet. 8. The applicant shall dedicate 40 feet adjacent to the easterly boundary of the plat for the purposes of road right-of-way and shall construct one-half of 64th Avenue South to City standards from South 228th Street to the southerly limits of the plat. 9 . The applicant shall dedicate to the City the neces- sary right-of-way so that the southerly half street 7 - June 15, 1981 PRELIMINARY 9 . right-of-way width for South 228th Street shall PLATS be 40 feet as measured from the centerline of the existing pavement. 10. The south half of South 228th Street, as measured from the centerline of the existing pavement, shall be improved with pavement and cement con- crete curb and gutter to a half street width of 22 feet. 11. The proposed improvements to 64th Avenue South and South 228th Street may be completed under their respective LID ' s should such be formed. The applicant shall execute a no-protest LID (Kent West covenant for the improvements of 64th Avenue South Industrial and South 228th Street. Park) 12. All cul-de-sacs shall have minimum radius of 65 feet with a minimum improved radius of 55 feet. 13. Street lighting to City standards shall ne provided on all streets including South 228th. 14 . Street signs, stop signs , and lane markings shall be furnished and installed by the applicant to City standards . 15. Cement concrete sidewalks shall be constructed along the south side of South 228th Street, the westerly side of 64th Avenue South, and one side of 61st Avenue South. 16. A bicycle lane shall be provided on the south side of South 228th Street, with plans to be reviewed and approved by the Engineering Department. 17 . No access shall be permitted from a lot or group of lots to other than a fully improved street. McCAUGHAN MOVED that the Kent West Industrial Park Pre- liminary Plat be approved with the amended conditions as recommended by the Hearing Examiner and acceptance of the Findings of Fact and Conclusions of Law of the Hearing Examiner. J. Johnson seconded. Motion carried. - 8 - June 15, 1981 HOUSING & Revised Kent Element of King Coun y' s 1982 Plan for COMMUNITY Community Development. A public hearing is being DEVELOPMENT held for the purpose of giving the public an oppor- tunity to comment or present written input on the yearly update of Kent' s element of the King County Three-Year Plan for Community Development. This plan is the basis on which Housing & Community Development Block Grant project applications are reviewed by the City and County for funding. The Council reviewed the existing 1981 - 1983 and the proposed 1982 - 1985 plan at the June 8, 1981 work- shop. The public hearing was opened by Mayor Hogan. '.Where were no comments and no correspondence has been re- ceived. B. JOHNSON MOVED that the hearing be closed, J. Johnson seconded. Motion carried. B. JOHNSON MOVED that Resolution No. 929 be adopted, approving the plan as presented. McCaughan seconded. Motion carried. FEDERAL (CONSENT CALENDAR ITEM 5F) REVENUE Kent Valley Youth Services Contract. APPROVAL of the SHARING contract with Kent Valley Youth Services for the period July 1, 1981 to December 31, 1981 as discussed at the workshop meeting of June 8, 1981. UTILITY On May 4, 1981 this date was set to continue the public RATES hearing to consider adoption of new water and sewer rate ordinances . Public Works Director Wickstrom noted that the matter had been discussed for two hours at a workshop, at which time the Chamber of Commerce partici- pated. He explained the difference between the original $22 million capital improvements program and the $16 million alternate proposal. He pointed out that Water Districts 111 and 105 both have systems development charges for commercial accounts, but that these charges are not related to actual water consumption. He noted that the reduced capital improvement plan will result in a decrease in the water rates for residential users. Wickstrom pointed out that the proposed sewer rate ordi- nance would provide for a reduced "life line" rate and that the criteria for qualifying for this rate would have to be established by the Council. The public hearing was opened by Mayor Hogan. 9 June 15, 1981 UTILITY Suzette Cook reviewed the recommendations made by the RATES Chamber of Commerce in their written report dated June 5, 1981, which was discussed at the June 8 work- shop. Paul Morford stated that if the approach was to be that only the rich could afford new housing, that the systems development charges be increased on new residences to ten times that proposed, so that existing owners would not have an increase. Doug Gessler stated that two years ago the City had a problem meeting water demands and that it would now appear that the same problem exists. James Klauser of Seattle Master Builders Association read a letter which has been filed for the record. He objected to the pro- posed systems development charge for new water meter connections, stating that one of the purposes of the Environmental Excise Tax ordinance was to provide some of the funds needed to provide efficient water facilities . There were no further comments from the audience and B. JOHNSON MOVED to close the hearing, J. Johnson seconded. Motion carried. McCAUGHAN MOVED for discussion on the proposed ordi- nances, Bailey seconded. Motion carried. It was determined that the " life line" was built into the sewer ordinance and that the Council would have further discussions as to the method of implementa- tion. Upon B. Johnson ' s question, Wickstrom deter- mined that the residential water rates would be reduced; that large users would be paying higher rates. The Council expressed agreement in favor of the proposed water rate ordinance showing the reduced systems development charges. At Bailey 's request, Wickstrom and Cushing explained why it was not feasible to permit deferred payments . McCAUGHAN MOVED to ADOPT Ordinance No. 2298 providing for new rates and charges relating to water, reflect- ing the reduced systemsdevelopment charges AND for the ADOPTION of Ordinance No. 2299 providing for new sewer rates, including a "life line" rate after the Council adopts criteria for same, AND for ADOPTION of Ordinance No. 2300 providing for a water turn-off/on - 10 - _- June 15, 1981 UTILITY charge of $25 for delinquent accounts. Hamilton RATES seconded and the motion carried unanimously. (The system development charges as adopted in Ordinance No. 2298 are as follows: $550 for each meter less than 1 inch in size $979 for each meter 1 inch in size $2, 200 for each meter 1 1/2 inches in size $3, 910.50 for each meter 2 inches in size $8, 800 for each meter 3 inches in size $15,642 for each meter 4 inches in size $24,442 for each meter 5 inches in size $62, 579 for each meter 8 inches in size $97, 779 for each meter 10 inches in size SHORT PLAT Kirkham Short Plat (SP-81-7) . On June 2, 1981 APPEAL Mel Kleweno, representing the applicants, Robert Clemens and Daniel Moorman, filed an appeal on certain conditions of approval for the Kirkham Short Plat. Harris explained that this 4 lot short subdivision was bounded on the west by Crow Road, on the north by the Massey Short Plat which had been approved about two years ago, on the east by 104th Avenue S.E. and on the south by S.E. 264th. Harris referred to the informational packet provided with the agenda, noting that the following conditions listed in the May 20, 1981 minutes of the Short Sub- division Committee were the subject of this appeal: "A. (4) Deed to the city for street purposes, sufficient right-of-way for cul-de-sac turnaround for 101st Avenue S.E. Said cul-de-sac turnaround area shall have a minimum right-of-way radius of 55 feet. A(6) Execute a no-protest LID Covenant for: a. The improvement of 104th Avenue S.E. with pavement, concrete curb and gutter, cement concrete sidewalks, street lighting, under- ground power, storm drainage system, and other related appurtenances. b. The improvement of S.E. 264th Street with - 11 - June 15, 1981 SHORT PLAT pavement, cement concrete curb and gutter, APPEAL cement concrete sidewalks, street lighting, (KIRKHAM) underground power, storm drainage system and other related appurtenances. "C. No vehicular ingress or egress allowed to T.E. Crow Road (100th Place S.E. ) "E. Prior to or in conjunction with obtaining a development permit on Lot 2, improve 101st Avenue S .E. from S.E. 260th Street to and including that portion being within Lot 2 with pavement (36 feet wide) , cement concrete sidewalks (one side) , cement concrete curb and gutter, storm drainage, street lighting, underground power, and related appurtenances. The improvement radius within the cul-de-sac shall be 45 feet to face of curb. " The public hearing was opened by Mayor Hogan. Kleweno stated that access should be allowed to the Crow Road (C) , making the deeding for a cul-de-sac on 101st Avenue S.E. unnecessary. He questioned the City's authority to limit ingress and egress without showing that it would be a traffic hazard. He agreed that no access should be allowed in the area that would present a traffic hazard but objected to the City prohibiting all access to the Crow Road. He further pointed out that a petition to vacate 101st Avenue S .E. in the Massey Short Plat had been filed. Harris stated that the Crow Road is classified as a scenic drive and the cul-de-sac would provide access to Lot 2. He noted that in the past the City had controlled the access to streets where there had been a possibility of double access . Kleweno referred to Condition A(6) , subsections (a) and (b) , noting that he questioned whether it was legal or proper for the City to require no-protest LID covenants. He pointed out that the applicants had owned the property for approximately 17 years and that under this condition, they would be forced to sell the property at the time any LID was initiated. He suggested that it would make more sense to require 12 - _ June 15, 1981 SHORT PLAT such a covenant at the time of the issuance of a APPEAL building permit when a developer was involved who (KIRKHAM) would be turning the land into an income producing project. Harris noted that such covenants have. been ccnsistent and that the requirement was not something applied only to this short plat. Kleweno further referred to Condition E, noting again that the Crow Road was a public street and could provide access for Lot 2. He stated that if 101st Avenue S .E. was to be improved, the current owner should make such improvements. It was noted that a packet of material from Clemens & Moorman received this afternoon has been distributed and has been made a part of the record. Upon questions from the Council, Mirk addressed several legal points. He noted that the applicants ' suggestion that the LID covenant be secured later, from the developer, could not be done, as our Public Works Improvements ordinance exempts property which is developed after the date of the ordinance. He noted further that the State subdivision law allows the requirement that provision be made for adequate circulation within the plat. Upon further discussion about the petition to vacate 101st Avenue S .E. , it was determined that as an item of tonight' s Consent Calendar, the City Attorney would be preparing a resolution to set a public hearing on the proposed vacation for the Council meeting of August 3. It was noted that the proposed vacation of 101st Avenue S.E. could greatly affect the question of access to this plat, as discussed under conditions A (4) and C. Cushing noted that the staff has concluded that 101st Avenue S.E. is a legal access even though it required improvements. Bailey noted that if 101st Avenue S.E. was vacated, it would appear that the Kirkham Short Plat would have to be allowed access from the Crow Road. BAILEY MOVED to continue the hearing to August 3, 1981, after Mirk determined that both matters could be heard 13 - June 15, 1981 SHORT PLAT at the same meeting. B. Johnson seconded. Motion APPEAL carried. Mirk noted that the Kirkham Short Plat was completed prior to the filing of the petition (Kirkham) to vacate 101st Avenue S.E. REZONE Urbana Equities (RZ-80-6) . The Hearing Examiner Pro Tem conducted public hearings on the applica- tion of Urbana Equities for a zoning reclassifica- tion of 40 acres located east of 68th Avenue S. , west of the Valley Freeway, approximately 1/4 mile north of S. 277th, from MA (Industrial Agricultural) to M-1 (Industrial Park) . Approval was recommended with seven conditions. At the Council meeting of May 18, 1981 Planning Director Harris requested that the Council hold its own public hearing on the matter. A hearing was scheduled for the June 1, 1981 Council meeting, at which time the hearing was continued to this date in compliance with the City Attorney ' s recom- mendation. A packet of material has been presented to the Council including a transcript of- the hearings held by the Hearing Examiner Pro Tem. Mirk noted that the City had decided to treat the matter as an appeal, pointing out that he had out- (URBANA lined this in the memo presented at the June 1 meeting. EQUITIES) Resolution 896, which establishes the procedures for hearing appeals from the Hearing Examiner's decisions, was then reviewed by Mirk who pointed out that in this instance there had been no allegations of irregularities in the procedure and that the argument, therefore, would be based solely on the record of what took place at the Hearing Examiner's public hearing. He noted that the Council could remand the matter to the Examiner, could deny or modify the Examiner 's proposal, postpone this hearing for further staff analysis or adopt the findings of the Examiner. Mirk further noted that the issue had been raised that this was not really an appeal, since no such appeal notice had been filed within the 14-day period after the Examiner ' s decision had been issued. He pointed out the question as to whether the City staff or the Planning Director is considered to be a party to an application before the Hearing Examiner. Mirk 14 - - June 15, 1981 REZONE stated that for this reason he had suggested in his June l memo that the ordinance be modified to clarify that for the purpose of hearing an appeal, the staff is to be considered a party. He stated that he felt the hearing would be proper since under the ordinance, the Council had the option of holding a hearing, and that the intent and spirit of the ordinance would be best served by hearing the matter as an appeal on the record, even though no official appeal by a party had been filed. Mayor Hogan clarified that the Hearing Examiner had approved this rezone from MA to M-1 with seven conditions and that the Planning staff believes the property should remain under the existing MA zoning. Mirk concurred, noting that specific objections have been raised to the Findings and Conclusions of the Hearing Examiner. The Mayor declared the public hearing open. (URBANA EQUITIES) Joel Haggard, attorney for the applicant, objected, stating that no official appeal had been filed, that he had filed a memo with Mirk regarding the question as to whether the City staff is a party to the pro- ceedings and that he had not received a transcript of the public hearings held by the Hearing Examiner. He also objected to the fact that the Hearing Examiner Pro Tem who heard the rezone application was not pre- sent. Haggard objected to Harris making a presenta- tion to the Council, stating that this would violate the requirement for a fair hearing. He stated that the purpose of Harris ' s presentation would be to object to and defeat the rezone which was found by the Hearing Examiner to be warranted, based on the facts brought out during the Hearing Examiner process. Haggard suggested that if there had been communication between the Staff and the Council relating to the Staff' s opposition of the rezone, the Appearance of Fairness doctrine would have been violated. He noted that his objections were not limited to the above. Haggard asked that the matter be continued on the basis that he had not received the transcript and 15 - June 15, 1981 REZONE that the Hearing Examiner Pro Tem was not present. Upon questions from the Council, Mirk noted that continuing the hearing was proper if Haggard had not received the transcript from the Hearing Examiner's office, and further that he had not been aware until today that Hearing Examiner Pro Tem Gathe would not be in attendance. (URBANA BAILEY MOVED to continue the hearing to the next EQUITIES) Council meeting on July 6, Hamilton seconded. Haggard stated he would be on vacation, and suggested the August 3 Council meeting. Bailey substituted a motion to continue the hearing to the August 3 Council meet- ing and Hamilton concurred. The motion carried. At this pointy Mirk gave his packet containing the Hearing Examiner's transcript to Haggard. McCaughan noted the two absent Council members had not been in favor of the Council holding its own hearing on this matter and asked if the Council wanted to consider remanding the matter to the Hearing Examiner. He noted that he was concerned with the traffic and drainage issues. There was no action on his comments. MILWAUKEE Mayor Hogan noted receipt of a letter from the Union DEPOT Pacific Railroad offering to donate the old Milwaukee Railroad Depot to the City, with the stipulation that it be removed from Railroad property and the site restored to an acceptable condition. Harris noted that the building had historical value and suggested that the White River Historical Society be contacted. Finance & Personnel. J. Johnson noted that this after- noon the Finance Committee had discussed Mooney's pro- _ENVIRONMENTAL posal to use a certain percentage of the Environmental EXCISE TAX Excise Tax for capital improvements projects. COUNCIL WAGES J. Johnson noted that a proposal to increase the Council wages would be further discussed at the next scheduled workshop. GOLF COURSE Upon B. Johnson 's question, Cushing noted that the & DRIVING acquisition of the golf course had been completed on RANGE time but that an escrow account had not been set up for the driving range and additional interest accrued 16 - June 15, 1981 GOLF COURSE on the acquisition. The additional interest paid & DRIVING to the seller was covered, however, by the money RANGE earned through the investment of the funds. He noted further that the Council would receive a financial report on the golf course and the driving range as well as the Kent Commons, which comprise the two non-utility revenue funds. Bailey reported that he and Cushing had met with Mr. Moore of Golf Management, Inc. , an organization which develops management and operation information for municipalities on golf courses. He noted that this firm had operated golf courses for municipali- ties throughout Washington, Oregon and Idaho and had offered information as to some of the problems encountered by other cities. Bailey noted that Moore had suggested some alternative methods to be con- sidered for the operation of the golf course other than with the Parks Department and he suggested that a letter of thanks be sent to Mr. Moore. COMMITTEES Parks Committee. Bailey reported that one of the items discussed at the last Parks Committee meeting was future development of parks areas in conjunction with the Kent School District, particularly in the area of French Field. Public Safety. B. Johnson reported that the Committee had met tonight prior to the Council meeting regarding the Police Chief working with the Washington State Patrol. The Mayor will be asked to sign a contract allowing Skewes to work for 20 days for the Washington State Patrol during July and August. Ad Hoc Committee. McCaughan noted that a bus tour scheduled for Saturday had been cancelled but would be rescheduled by Wickstrom. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL OF payment of the bills received through June 18, 1981 after auditing by the Finance Committee at its meeting at 3: 00 p.m. on June 30, 1981. - 17 - June 15, 1981 ADJOURNMENT BAILEY MOVED that the meeting be adjourned at 10: 25 o 'clock p.m. , J. Johnson seconded. Motion carried. e z, Marie J en, C C City Clerk 18 -