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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/19/1991 ............. �� City of Kent 4 City Council Meeting ZXX ��` Agenda ear .� .... ...... CITY OF QS ;t9w Mayor Dan Kelleher ....... Council Members Judy Woods, President Steve Dowell Paul Mann Christi Houser Leona Orr Jon Johnson Jim White XXII: February 19, 1991 Office of the City Clerk .......... ...... ...... .........................I .......... ...... ........ ............... ........ ........ CITY COUNCIL MEETING February 19, 1991 Summary Agenda City of Kent Council Chambers Office of the City Clerk 7: 00 p.m. NOTE: An explanation of the agenda format is given on the back of this page. ✓CALL TO ORDER ✓ROLL CALL 1. ✓PUBLIC COMMUNICATIONS ✓A. Mayor's State of the City Address Chiefs Award ✓C. Proclamation - Engineer's Week 2 . VPUBLIC HEARINGS AA. Pacific Ventures Street Vacation - STV-90-5 3 . dCONSENT CALENDAR ✓A. Minutes ✓B. Bills ✓-C. Transfer of Interest .� D. LID 331 - Ordinance q _ VE. Kelly's Cafe Americana Street Vacation - Ordinance 1� V-F. Walnut Ridge Preliminary Subdivision SU-90-5 1vt' Charge in Lieu of Assessment VH. Time Payment Request ✓I. Planning Commission Appointment 4. ✓OTHER BUSINESS ✓A: Lot Line Adjustment LL-88-27 B. Golf Cart Lease 0 3,37 7 5. BIDS A". High Pressure Breathing Air Compressor 6. VCONTINUTED COMMUNICATIONS 7. J REPORTS 8. ✓EXECUTIVE SESSION - There will be an executive session of approximately 20 minutes. 9 . ✓ADJOURNMENT �� y � /' PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Mayor's State of the City Address B. Presentation - Chief's Award C. Proclamation - Engineer's Week Kent City Council Meeting Date February 19 . 1991 aCategory Public Hearings 1. SUBJECT: PACIFIC VENTURES STREET VACATION STV-90-5 2 . SUMMARY STATEMENT: This is a continuation of a public hearing held February 5, 1991 on an application made by Pacific Ventures, Inc. to vacate a portion of So. 212th (STV-90-5) as mentioned in Resolution 1264 7 � e •Ehia, is located at t+he 8700 block of So. 212th St. A letter received requesting this hearing be continued to March 5, 1- 97 1 IT n a d- f f G +CU I.17 YLO C2CY �Q Q /LC G 0,*I a C" ��c n e G rrn. -nuedi a� c). 6clIW TT SO �to�r1D. 4 . RECOMMENDED BY: Staff i (Comma tee, Staff, Examiner Commission, etc. ) 5. UNBUDGETED FIS PERSO EL IMPACT: NO_X_ YES FISCAL PERSONNEL OTE: ecommended Not Recommended 6. EXPENDITURE RE UI $ SOURCE OF FUNDS: , OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: q, _ Co,,,,�; � 9 li �" moved, r Se.__•_c n3s to co nue a public hearing on Pacifica Ventures reet Vac ion STV 90-5 to t4e'March 5, 1991 Co itcil ting. F D scu sloN: `� ` C&y A ON: Council Agenda Item No. 2A PRE TON 1700 SECURYCY PACIFIC PLAZA TI- O RGRIMS OIV 7LLNV R, AVENUE 3196 BSLLBVUE,WA 99o0e.s196 TELEPHONE: (2"453.ONO SHIDLER FAC359LB: (200 W-3091 GATES & ELLIS ATTORNEYS AT LAW Febrpo y 12, 1991 BY FAX i U.B. MAIL City Council City of Kent 220 Fourth Avenue South Kent, WA 98032-5895 Rai Pacific Ventures Inc. - street Vacation (STV-90-3) Dear Council Members: The above-referenced matter was considered by the City Council at a public hearing on February S. 1991. The Council determined on its own motion to continue the hearing for further consideration of the street vacation application to its next meeting, which is scheduled for February 19, 1991. On behalf of the applicant, Pacific Ventures Inc. , it is hereby requested that the Council consideration of this application be continued to March 5, 1991 rather than being considered on February 19. I have two other matters already scheduled for consideration by the Redmond City Council on February 19 and am, therefore, unable to attend the Kent City Council meeting on the same evening. It is, therefore, respectfully requested that the Council delay its further consideration of this matter until its meeting on March 5, 1991. Thank you for your cooperation. Very truly yours, PRESTON THORGRIMSON IDLE GA ES & ELLIS By ohn L. Hendrickson cc: Richard Boyer, Pacific ven ure Inc. James P. Harris, Kent Plann Director Carol Morse, Assistant City Attorney 1JIM128 1b02-12-91 10�75-000Oy a8A BPOdAN!WA TAOOL1.ti WA ANCHORAO&AX PORTIAND,OR WABHO VM,DC W-7 (w)4"zoo (sOrs 500 (907)27l.t9Y lasm pm)ete-f7m C.Limbl. A.e W-7*= §set(M45MM PQ Omrmzu Poi 1011)1 65 x..:(jr(SW)214W61 F.:pm)p1-1011 semi.w. •p Ca4uo My of CITY OF KENT CfA PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM January 29 , 1991 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P: Harris, Planning Director SUBJECT: Report and Recommendation on an application to vacate a portion of S. 212th Street #STV-90-5 Recommendation: APPROVAL WITH CONDITIONS I. Name of Applicant Pacific Ventures, Inc. P. O. Box 3407 Bellevue, WA. 98009 II. Reason for Requesting Vacation The applicant states, "The portion of South 212th Street described is not needed for the public roadway system. Vacation would enhance .the ingress and egress of Pacific Ventures, Inc. ' s adjacent property. " III . History An identical application to vacate the very same portion of S. 212th Street was filed in 1987 (Resolution 1143) and was denied by the City Council on October 6, 1987 . Prior to that action, the Council had approved a vacation application for the westerly one half of this area of S. 212th Street (Ordinance 2694) This application was made by LeRoy A. Bowen. Subsequent to that vacation the Bowen Business Center placed required offstreet parking and landscaping in the vacated area. Ingress and egress to both the Bowen Center and the Pacific Ventures, Inc. property now goes over the area Pacific Ventures, Inc, wants to vacate. In order to prevent blockage of access to the Bowen Center at this point an easement over the proposed vacation area would be necessary. MEMO TO: Mayor Dan Kelleher and City Council Members SUBJECT: Report and Recommendation on an application to Page 2 vacate a portion of S. 212th Street #STV-90-5 IV. Staff Recommendation After reviewing comments from the following departments and agencies: Public Works Fire Police U S West Communications and conducting our own review, the Planning Department recommends that the request to vacate a portion of South 212th Street as mentioned in Resolution 1264 and shown on the accompanying map, be APPROVED with the following conditions: 1. Compensate the City of Kent for the full appraised value thereof. 2 . Construct the curb along S. 212th Street so that it conforms to a. City of Kent standard driveway section. 3 . Retain easement rights over, upon and under the area proposed for vacation for utility and vehicular/pedestrian ingress and egress purposes, including the right to grant said rights to others. MAIL TO: APPLICANT: Gerald B, McCaughan Name:^ PACIFIC VENTURES, INC. CITY OF KENT , 220 So. 4th Ave. Address: P. 0. Box 3407 Kent, WA 98032 Bellevue , Washington 98009 Phone: (206) 455-5506 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council : We, the undersigned abutting property owners tt hereby respectfully request that -certain part of So. 212th hereby be Vacated. .1General Location) IQ./zz(o� Legal Description E x h ibit "A" attached BRIEF*STATEMENT WHY VACATION IS BEING SOUGHT The portiop of South 212th Street described is not needed for tKe public roadway system. Vacation would enhance the ingress and egress of Pacific Ventures , In'c. ' s adjacent property. Sufficient proof' copy of deed contract etc. supported by King County Tax Rolls. shall he submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" a 200' of the area sought for vacation. (NOTE) Flap must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT SIGNATURES AND ADDRESSES LOT, BLOCK y PLAT/SEC. TWN. RG MV - 7M PUNNING DEPARTMR: i P CIF NT RES Lot 7 , Block 9102 BY, yam_ Section 7 T22N R5E W.M. ��icnard HoYler King County , Secretary Washington $150.00 Fee Paid Treasurer's Receipta' Appraisal Fee Paid Treasurer's •and WqQ POO Treasurer's R p�111E,s uaad Aeeaph6d - hate— �"enr vriiENT Trade Accepted Date TREASURY I Legal Description for 1'ortior ar. 1__ th Street Vacation, That portion of Government 1_,ot 2, Sectic:ai i , Township 22 North, Range 5 East,W.Pf. in King County, Was'ningt;on lying within that portion of land deeded to the City of Kent; recorded in instrument under King County Recording No. 711123005 described as follows: Commencing at the northwest corner of said Government Lot 2; thence N 89056' 10" E along the north line of said Government Lot 2, a distance of 536. 82 feet; thence S 00051' 16" W, a distance of 50.00 feet to a point on the north line of vacated South 212th Street as described in City of Kent Street Vacation Ordinance No. 2694; thence N 89056' 10" E along said north line, a distance of 3.47 feet to the northeast corner of said street vacation and the TRUE POINT OF BEGINNING; thence N 89056' 10" E parallel .to the north line of said Government Lot 2, a distance of 136. 26 feet to an angle point which is 50 feet southerly from the north line of said Government Lot 2; said point is also on the south line of,said land deeded to the City of Q435 Kent recordednce in instrument under King County Recording No. said south line the following courses: S 83013' 45" W, a distance of 85. 59 feet to an angle point which is 60 feet southerly from the north line of said Government Lot 2; thence S 300241,23" W, a distance of 52.20 feet to an angle point'which is .105 feet southerly from the north line of said Government Lot 2; thence S 89056' 10" W parallel to said north line, a distance of 26.05 feet to a point on the east line of said vacated street per City of Kent Ordiance No. 2694; thence N 010.15' 10" E along said east line, a distance of 55.00 feet to the TRUE POINT OF BEGINNING and containing 2, 683 square.feet more or less. The undersigned, Jeffrey R. Harstad, hereby certifies that the petition to vacate a portion of South 212th Street herein described has been signed by the owners of more than two-thirds (213) of the property abutting upon the part of such street sought to be vacated. ffrey Harstad Date I'k � I 'ONA'LSLI��,�SJ. ��, � PI? 0 P05 E D S. 212TH S T VACATION S-ry 50- S P.esol vt l"o h 12 6 �} �, � �are�nD�S � � �'s�'��, �V �10►'1 C'e�-C�1" N S. 212TH ST RE� ET u-1 1 FAC jFIC vr=W" UU5 Bowgr� BvslaltSS 66NTeR ,CD E-T A 1 L � . 212 TH STREFtT \ THIS AREA �ropo5 �d \ VA. c4-r>; rn BY Vacatior� \ o2D, 2-691 \ (,JaKvary 1`787� \ \ CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember cyU seconds that Consent Calendar Items A through I be approved. Discussion Action r' ,,►+� 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 5, 1991. ✓3B. Approval of Bills. Approval of payment of the bills received through February 15, 1991 after auditing by the Operations Committee at its meeting at 4: 30 p.m. on February 26, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda Item No. 3 A-B✓ f Kent, Washington February 5, 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 . p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann., Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Acting Police Chief Byerly, Fire Chief Angelo,- Finance .Director McCarthy, Information Services Director Spang,-'Parks Director Wilson, Assistant City Administrator Hansen, Personnel Director Olson and Deputy City Clerk Jacober. Approximately 85 people were -at the meeting. PUBLIC Boy Scout Troop 237 presented the colors and led COMMUNICATIONS the audience in the Pledge of Allegiance. Proclamation-Amy Magruder and Michelle Laudenbach Week. Mayor Kelleher noted that on December 23 ; 1990, Amy Magruder, seven years old, and Michelle Laudenbach, eight years old, found a young man in distress and persisted in seeking assistance for him, possibly saving his life. He read a procla- mation declaring the. week of February 3-10, 1991, as Amy Magruder and Michelle Laudenbach Week in the City of Kent. Fire Chief Angelo offered thanks, love and congratulations to the girls, noting that without them the Fire Department couldn't have responded. The girls were presented with balloons, flowers and candy. Employee of the Month. Mayor Kelleher announced that Becky Fowler of the Personnel Department has been selected as the Employee of the Month for February. He noted that she is always ready to help and approaches her many job challenges with a determination to be fair, honest, considerate, re- sourceful and helpful. Personnel Director Olson noted that Ms. Fowler truly deserves this honor. Arts Commission 1991 Grant Award Recipients. Mayor Kelleher recognized the following 1991 Grant Award recipients: Kent Reading Council, Northwest Renaissance, Evergreen Piecemakers Quilt Guild, Rainier Symphony, Kent Saturday Market, Women in Music International, Washington State Music Teach- ers Association, Kent-Meridian High School• Big Band Jazz Reading Workshop, Kent Public Schools and Kent Parks and Recreation Department Resource Center. 1 February 5, 1991 PUBLIC Artist Dana Boussard and "Spirit Song". COMMUNICATIONS Mayor Kelleher pointed out the fibre artwork in the Council Chambers and recognized the artist, Dana Boussard. Chamber of Commerce Foundation. The Mayor recog- nized the Kent Chamber of Commerce Foundation, who raised $4,315.41 for the 1990 Canterbury Faire and assisted the City of Kent Performing Arts Center Task Force with their fundraising effort by chan- neling business donations in the amount of $7, 025 for the City of .Kent cultural center study. He presented a certificate to Dee Eklund of the Foundation, who thanked the City for their sup- port. Performing Arts Center Task Force. The Mayor rec- ognized the City of Kent Performing Arts Center Task Force for many hours of volunteer work and successful completion of their effort to raise public and private funds for the City of Kent comprehensive cultural plan and cultural center feasibility study. The studies will be completed in May, 1991. Pat Curran, Chair of the Task Force, expressed thanks and accepted a certificate from the Mayor. Federal Grant. Fire Chief Angelo presented the Mayor with two checks totaling over $47 , 000. 00 which were received in regard to the severe damage and significant cost of the heavy flooding experi- enced in January, 1990 . He noted that the total of these checks and previous ones is $85, 000. 00 . He commended all City departments for their accu- rate record keeping and follow up. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR P be approved, with the exception of Item 3F which , was removed by Councilmember Orr. Johnson second- ed and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 15, 1991, 2 r February 5, 1991 MINUTES with the addition of the following item which was inadvertently omitted: (CONSENT CALENDAR - ITEM 3F) Delinquent Accounts Receivable. AUTHORIZATION to write-off $35,443.05 in accounts receivable and to solicit collection agency assistance in the col- lection of other accounts, as discussed with the Operations committee at their January 8 committee meeting. The write-off amount includes $24, 173 .21 on a bankruptcy for which additional collection effort is pointless, $10,376. 00 for parking sites for amounts between $5 and $25 issued before December 31, 1988 , and $893 .84 for 24 miscellaneous ac- counts over 15 months old. The collection agency proposal calls for paying $8.45 per account for which Transworld System, Inc. would write a series of collection letters prior to initiating more stringent collection ef- forts at a negotiated amount per account between 35 and 50 percent. The Finance staff and the IBC feel this proposal will establish a more consis- tent City accounts receivable collection effort. HEALTH & (CONSENT CALENDAR - ITEM 3N) SANITATION Van Doren's Center. ACCEPTANCE of the bill of sale and warranty agreement submitted by Union Pacific Realty for continuous operation and main- tenance of approximately 3 , 905. 5 feet of water main extension constructed in the vicinity of West Valley Highway and S. 228th for Van Doren's Center and release of cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR - ITEM 30) The Greens. ACCEPTANCE of the bills of sale and warranty agreements submitted by Lakeridge Devel- opment for continuous operation and maintenance of 3 , 031.5 feet of offsite sanitary sewer extension constructed in the vicinity of Kent Kangley and 128th Place S.E. and 2 , 896 feet of onsite sanitary sewer extension constructed in the vicinity of 129th Court S.E. and S.E. 264th Street for the 3 February 5, 1991 HEALTH & Greens .development and release of cash bond after SANITATION expiration of the one year maintenance period. (CONSENT CALENDAR - ITEM 3P) Neil Swift Buildingr. ACCEPTANCE of the bill of sale and warranty agreement submitted by Neil and Vicki Swift for continuous operation and mainte- nance of approximately 140 feet of street improve- ments and 145 feet of storm sewer improvements constructed in the vicinity of S. Central Avenue and E. Morton Street for the Neil Swift Building and release of cash bond after expiration of the one year maintenance period. SEWERS (PUBLIC HEARING - ITEM .2A) LID 337 Westview Terrace/McCann's Westview Sanitary Sewer. This date has been set for a pub- lic hearing on the creation of LID 337 . The *City Clerk has given the proper legal notification to the affected property owners. The Public Works Director pointed out the location, noting that this LID is in the county. He noted that the to- tal cost of this LID is $312,901.44 and that the assessment per lot is $6, 518 .78. He noted that the City recently completed two LIDS for sanitary sewers in the same area and stated that the septic tanks in the area are failing. He noted that properties within 200 ' are required to connect to sewers and they would be billed whether they con- nect or not. He also pointed out that since this is outside the city limits, annexation covenants will be a requirement. The Mayor declared the public hearing open. Charles Ruby, 21311 - 96th Avenue S. , stated that he was originally in favor of this, but has since changed his mind. He said that his property value will not be increased in accordance with the cost. Lee Williams stated that she feels the actual fig- ure will be higher. Upon a question from Jim Humenik, Wickstrom explained that the larger the project the lower the cost, but that there was not enough support for a larger project. He said they reduced the size of the area, and got 45% support for the LID, which made it a valid project. Scott Gobeille, 21434-98th Avenue S. , stated that he has not had . any septic tank problems and he feels the 4 February 5, 1991 SEWERS cost is very high. Wes Fitzsimmons, 21328 - 96th Avenue, said he does not agree .that this will in- crease the property value. There were no further comments from the audience and WOODS MOVED that the 'public .hearing be closed. White seconded and the motion carried. Wickstrom noted for White that at this point in time the Health Department is not involved. He confirmed for Woods that the two previous LIDS addressed the most serious problems in the areas where people were being fined by the Health De- partment. Woods pointed out that no one has spoken in favor of the LID tonight. Upon the Council 's approval, the Mayor reopened the public hearing. George Hoffman, 21415-98th South, said sewers are inevitable, and he is in favor of the LID. Lee Williams said she feels people should have a choice as to whether they want to hook up. Scott Gobeille said he feels there should be further verification of people' s feelings on the issue. There were no further comments and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. WHITE THEN MOVED that the City Attorney be di- rected to prepare the ordinance creating LID 337 for Westview Terrace/McCann's Westview Sanitary Sewers. Woods seconded. White said he is re- luctant to support an LID which has less than the majority in support of it. He suggested that this item be brought back to Council in the future when the septic systems fail, and that this should not be forced on the property owners. Woods concurred with White. The motion was defeated with only Dowell in favor. (CONSENT CALENDAR - ITEM 3D) Sanitary Sewer Service. ADOPTION of Ordinance 2962 amending Kent City Code 7. 05. 310 and estab- lishing charges for sanitary sewer service to duplexes within the City, as recommended by the Public Works Committee. 5 February 5, .1991 STREET (PUBLIC HEARINGS - ITEM 2C) VACATION Pacific Ventures Street Vacation STV-90-5. An application has been made by Pacific Ventures, Inc. , to vacate a portion of South 212th Street, as mentioned in Resolution 1264 . This is located at the 8700 block of S. 212th Street. Planning Director Harris showed diagrams of the area and noted that the area west of the requested vacation was vacated in the late 80 's by Mr. Bowen who built the Bowen Business Center. He was al- lowed to put off-street parking in part of the vacated area, and his driveway was out over what remained of the public right-of-way to the east. Harris noted that staff recommends approval with conditions, including retaining easement rights. The Mayor opened the public hearing. John Hen- drickson, attorney for Pacific Ventures, noted that his client's property was developed in 1979. He noted that as a result of the development of the Bowen .Business Center in 1987, Pacific Ven- tures has had many problems including vehicles crossing their property to go to and from the Bowen property, patrons of the Bowen Business Cen- ter parking on their property, and vandalism as it relates to the vehicles going to and from the Bowen Business Center. He stated that Pacific Ventures was not notified at the time Mr. Bowen applied for a street vacation and, therefore, had no opportunity to participate. Hendrickson point- ed out that later there was a lot line dispute between Pacific Ventures and Bowen, and that King County Superior Court determined that Pacific Ven- tures property did abut the property that was va- cated and should have been involved. Upon Dowell 's question, Hendrickson said that Pa- cific Ventures has not yet determined whether to close off the access. He distributed copies of letters from the Transpo Group and said it is their determination that if there were a closure of that access there would be no severe injury or damage to adjacent property owners. WOODS MOVED to make the letter a part of the record. Houser seconded and -the motion carried. 6 February 5, 1991 STREET Hendrickson stated that the Bowen property was VACATION vacated with one condition--a reservation of easement rights for utility purposes only and asked that the same rights be given to Pacific Ventures. City Attorney Lubovich voiced concern regarding retaining an easement over a street vacation. JOHNSON MOVED to continue this hearing until the next Council meeting. Woods seconded and it was so ordered. TRAFFIC (OTHER BUSINESS - ITEM 4A) CONTROL Street Utility. Public Works Director Wickstrom noted that this issue is presently before the Legislature and that under proposed legislation, cities would not be required to pay tax exempt properties fees, and that there may be classes of fees rather than a straight fee. They are also proposing reduced rates for low income and dis- abled low income. Wickstrom noted that the pro- spectus for funding must be submitted within ten months of preliminary approval according to Transportation Improvement Board policy, and that the City was issued preliminary approval in March of 1996. He' noted that if the City does not act, the grants will be in jeopardy. Upon Johnson' s question, Wickstrom noted that he is not aware of a credit for carpooling. . WHITE MOVED that Resolu- tion 1270 be adopted denoting the Council ' s intent to create a street utility. Woods seconded. White pointed out that transportation has been the City's top priority for a number of years. Houser voiced concern as to whether the 272nd corridor would be built even if this resolution is passed. Wickstrom noted for Dowell that the proposal is to absorb the 3 1/2% utility tax and implement the street utility service charge. He pointed out that it will not be a balance, that some busi- nesses and residents will see cost savings and some will not. Woods stated that this proposal is another example of action the City has taken to try resolve problems that are not completely of its own making. Mann noted that although he has previously stated that he would not vote for an 7 February 5, 1991 TRAFFIC increase in any tax, he would support this as long CONTROL. as an adjustment would be made on the utility tax. Wickstrom assured him that that is the proposal. Steve Burnee ' of the Chamber of Commerce noted that they support the street utility in order to meet the transportation needs, but voiced concern that the burden is being placed on the business commu- nity. The Mayor clarified for Arnold Hamilton that funding is in place for a road of a . certain size and standard, and that the additional funds would enable the City to do more with the road. The motion to adopt Resolution 1270 then carried unanimously. Mayor Kelleher stated that this spring King County will receive a route alignment study, an environ- . mental impact statement, and a full funding pack- age, and said he hopes the County will cooperate with the City's plans. (CONSENT CALENDAR - ITEM 3K) Reith Road Guardrail. _ AUTHORIZATION for staff to proceed with installation of guardrail on Reith Road and to transfer $5, 000 from the asphalt over- lay project for this project, as recommended by the Public Works Committee. The remaining $4 , 000 required will be transferred from the Frager Road Guardrail project upon its completion. (CONSENT CALENDAR - ITEM 3L) Utility Construction Agreement SR 516, 160th Ave- nue S.E. to S.E. Wax Road. AUTHORIZATION for the Mayor to sign an agreement with the State to in- clude the replacement of that portion of the City's Kent Springs Transmission Main that falls within the scope of their Kent Kangley widening project and for the City to reimburse the State expenses for same, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3M) Transportation Improvement Board Grant - Central Avenue - Gowe to Titus. AUTHORIZATION for the Mayor to sign agreement with TIB to accept a grant of $129;280 for the Central Avenue improvement project and to establish a budget for same, as recommended by the Public Works Committee. 8 February 5, 1991 TEMPORARY (PUBLIC HEARING —ITEM 2B) USE Emerald City Chemical TU-90-1 - Appeal. This pub- lic hearing will consider an appeal by Emerald City Chemical from the Hearing Examiner's recom- mendation of approval to extend until April 15, 1991 an application for an extension of an author- ized temporary use permit. The subject property is located between 77th Avenue So. and the Bur- lington Northern right-of-way to the north of va- cated Harrison Street. Councilmember Orr stated that she would excuse herself from participating in the hearing due to prior involvement with this company as a private citizen. Carol Proud of the Planning Department noted that on 7/18/89 the applicant had received a condition- al use permit for construction of an 8400 sq. ft. building to contain hazardous substances. The conditional use permit expired on 7/19/90 because no construction had been undertaken. She noted that a temporary use permit was issued by Plan- ning in November, 1989, revised at the request of the applicant to start on 4/15/90, and extended by Planning to 10/15/90. She noted that the appli- cant has operated out of existing office buildings and temporary containers since 4/15/90 and had re- ceived approval with conditions for temporary *torage from the Fire Marshall for a 9-month period which ended 1/15/91. She pointed out that the Hearing Examiner' s approval for the extension of the temporary use permit contained conditions which include receipt of several reports by Janu- ary 15, 1991, and that the reports have not been received as of this date. The Mayor declared the public hearing open. Glen Dodge, President of Emerald City Chemical, noted that the ,code allows for a one-year extension of the 90-day temporary use permit and that they re- ceived six months. He said that the conditions regarding architect's plans and written commit- ments to financing were not in the code, and noted that those reports are not available at this time. Brian Zeplin of Seattle Scientific, advisor for Emerald City Chemical, noted that Mr. Dodge has 9 February 5, 1991 TEMPORARY made every effort to comply with Code require- USE ments, but that there have been many changes not only locally but State-wide as well. He noted that there have been delays on the part of the ar- chitect, and a financial slowdown in the business. Fire Chief Angelo noted that an arrangement was worked out between the Fire Department and Mr. Dodge. He said that Mr. Dodge indicated that there would be fencing and that the duration would be no longer than 9 months. He noted that the Fire Department felt more than 9 months would be inappropriate. He voiced concern over the delays and pointed out that most of the Hearing Examin- er's conditions have not been met. He said he could not recommend extension beyond 1 -15-91 . Upon Johnson's question, Dodge explained that the drawings and the financial letter of intent are not available. He noted for Johnson that the re- quirement for fencing was not in writing, and that the area is secure with individual locked contain- ers. Zeblin noted for Dowell that the facts in the Hearing Examiner's findings are correct, but that there were delays. Dodge said that the Code allows for a one-year extension if certain crite- ria are met, and that they had met all the re- quirements and were granted only a short-term extension, which included conditions which are not pertinent, such as financing. Dodge explained that the 9-month period was specifically for the storage of hazardous material. He noted that there is a steel building on the property which could possibly be used for storage of hazardous materials, although use of containers would still be required. Upon a question from White, Dodge said he is requesting an extension through Octo- ber 15, 1991, which is the one-year period allowed by code. He assured White that by that time he will have secured other means of storage. City Attorney Lubovich pointed out that the exten- sion to one year is not an automatic right, and that the criteria must be met. Dowell said he feels that the Hearing Examiner's decision was not based on the financing. He said it is the Coun- 10 February 5, 1591 TEMPORARY cil 's job to determine whether the Hearing Examin- USE er erred, and if they can't, they are almost obli- gated to uphold the decision of the Hearing Exam- iner. Dodge noted that the code reads "one year" , not "up to one year" if criteria are met, and they had met the criteria. He said he does not feel financing or building plans are a valid criteria to deny a temporary use. Mr. Zeblin said that Mr. Dodge simply wishes to get on with his business in a way that is beneficial to the company and meets all requirements. Upon Mann' s question, Angelo said that if a fence were constructed tomorrow, his recommendation would not change. He explained that the Fire De- partment' s concern is with the implementation of the fire and building codes as related to hazard- ous materials. He said he feels there is a poten- tial for this project to go past October 15. Dodge noted that he is willing to put a fence up if absolutely necessary. Upon Johnson' s question about whether he had complied with the Hearing Ex- aminer' s condition #1 regarding the Health Depart- ment, Dodge responded that he had called the Health Department and was told that they have nothing to do with this type of operation. He said he requested an inspection by Code Enforce- ment regarding condition #2 and assumed it had been taken care of. Carol Proud noted that the zoning code is quite specific on the criteria to be used by the Hearing Examiner, and noted for Dowell that the Planning Department had recom- mended denial to the Hearing Examiner. WOODS MOVED to close the public hearing. Mann seconded and the motion carried. JOHNSON MOVED to deny the appeal. Woods seconded. The motion car- ried with Orr abstaining. Johnson noted that the temporary permit had expired on January 15, 1991. He suggested that Mr. Dodge be given until Feb- ruary 28, 1991 to safely remove his material from the site. Fire Chief Angelo agreed to forward such a letter to Mr. Dodge. 11 February 5, 1991 PUBLIC (CONSENT CALENDAR - ITEM 3C) DEFENSE Public Defense Contract. APPROVAL to enter into a contract for public defense with Sampson Wilson & Combs, Inc. , P.S. , Attorneys at Law. The purpose of the contract is to provide public defense ser- vices at Aukeen District Court in conjunction with the City' s prosecutorial services. Sampson Wilson & Combs currently provide our public defense ser- vices. Bids were solicited for services to be rendered during 1991. The City received two re- sponses;. one from Sampson Wilson & Combs, with a bid of $8, 500 a month, the current fee, and one from the firm of Tucker and Stein, P.S. , Inc. , with a bid of $15, 000 per month. Staff recommends that Sampson Wilson & Combs, Inc. be retained and that the Council authorize execution of a contract as negotiated between the parties in the amount of $8,500 per month for 1991. FIRE (CONSENT CALENDAR - ITEM 3E) DEPARTMENT Radio Tower and Radio Equipment Building. ACCEP- TANCE as complete of radio tower and radio equip- ment building and authorization to release retain- age upon receipt of the appropriate State docu- ments. PARKS & (CONSENT CALENDAR - ITEM 3F) RECREATION (REMOVED BY COUNCILMEMBER ORR) Golf Comdex Fee Structure. ADOPTION of the pro- posed Riverbend Golf Complex fee structure .as presented and approved by the Parks Committee and the Operations Committee. Orr suggested monitoring the number of people who use the course to determine whether raising the rates will lower the usage. She MOVED to adopt the proposed fee structure and closely monitor usage of the course. Woods seconded and the mo- tion carried. (CONSENT CALENDAR - ITEM 3I) Conservation Futures Grant for Parkside Park. ACCEPTANCE of a $100, 000 King County Conservation Futures Grant to be matched by the $100, 000 City CIP Fund earmarked for a West Hill park, for the 12 February 5, 1991 . PARKS & purpose of acquiring a two-acre .parcel on West RECREATION Hill titled Parkside Open Space. The project site is 'adjacent to a 20-acre wetland site being pur- chased by .the City of . Des Moines under the King County Open Space Bond Program. SUPPORT OF (OTHER BUSINESS - ITEM 4B) TROOPS (ADDED BY COUNCILMEMBER MANN) Mann introduced Resolution 1271 in support of the troops involved in the conflict in the Persian Gulf and MOVED for its adoption. White seconded and the motion carried. RECYCLING (CONSENT CALENDAR - ITEM 3J) King County Recycling/Composting Demonstration Site. AUTHORIZATION for staff to coordinate with King County on the development of a permanent Recycling/Composting Demonstration site within Kent, as recommended by the Public Works Commit- tee. CENTENNIAL (BIDS - ADDED ITEM - 5A) BUILDING Centennial Center Furniture Bids. Assistant City FURNITURE Administrator Hansen asked the Council to reject the seven bids received on furniture for the Cen- tennial Center. The bids failed to provide the best combination of quality, function and cost. He noted that the project will be re-bid and that the new request for bids will ask for products with and without Formaldehyde. WHITE MOVED that the bids be rejected. Houser seconded and the motion carried. PLANNING (CONSENT CALENDAR - ITEM 3H) COMMISSION Planning Commission Reappointment. CONFIRMATION of the Mayor's reappointment of Tracy Faust to the City of Kent Planning Commission. HUMAN (CONSENT CALENDAR - ITEM 3G) SERVICES Human Services Commission Appointment. COMMISSION CONFIRMATION of the Mayor' s appointment of Alla Mironyuk to the Kent Human Services Commission replacing Sharon Atkins, whose term has expired. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 31, 1991, after 13 February 5, 1991 FINANCE auditing by the Operations Committee at its meet- ing at 4 : 30 p.m. on February 12, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 1/2-1/11/91 100254-100293 $ 310,336.24 1/14/91 100297-100682 954 , 452.34 $1,264,788 .58 1/15/91 100686-100733 $1, 160, 643 . 06 1/15-1/28/91 100734-100765 $ 445, 311.99 •1/30/91 100769-101235 644 , 457 . 04 $1, 089 , 769. 03 1/31/91 101239-101451 270, 103. 87 Approval of checks issued for payroll: Date Check Numbers Amount 1/18/91 1149346-1150003 $634 ,441.46 2/ 5/91 1150004-1150690 615, 310.79 REPORTS (REPORTS - ITEM 7A) President's Report. Woods noted that the AWC conference will be held on February 21 and 22 in Olympia and asked that Councilmembers make their arrangements soon. She also noted that Suburban Cities will meet on February 13 in Kirkland and that reservations should be made through Christi Ryan by -February 8. (REPORTS - ITEM 7C) Public Works Committee. White distributed copies of a resolution declaring a moratorium on the City' s extension of sewer and water services to property located outside of its incorporated lim- its. He asked that the resolution be referred to the Planning Committee and that they make a recom- mendation to the Council within four weeks_. John- son suggested that the resolution also be referred to the Public Works Committee and White agreed. (REPORTS - ITEM 7G) Administrative Reports. City Administrator Chow noted that Public Works has proposed to award bids 14 February 5, 1991 REPORTS for the restoration of Mill Creek Canyon Slide next week. Wickstrom pointed out that if the res- toration is completed by February 28 , the City will be reimbursed 100%. EXECUTIVE At 9:35 p.m. , Woods announced that there would be SESSION an executive session of approximately five min- utes to discuss a matter of litigation. The meeting reconvened at 9:40 p.m. and HOUSER MOVED for authorization to enter into negotiations and execute an agreement with defense counsel re- garding CETA lawsuit and to initiate negotiation settlements. White seconded and the motion car- ried. ADJOURNMENT The meeting then adjourned. Brenda tJao , CMC Deputy City Clerk 15 1 Kent City Council Meeting Date February 19, 1991 Category Consent Calendar 1. SUBJECT: TRANSFER OF PUBLIC SAFETY BOND INTEREST -T& r TDA�`sevo�� �PPRoJ�� that $70,000 of interest be allocated to the Bond Radio/MDT bond project di ie -,coat of-tire-beekbene e€ the- r- bond �(? interest in the amount of $14 , 000 to project management and $10, 000 of bond interest to East ill site work. MIA audio-visual necessitates funding for 1991. East Hill undeveloped portion of site needs grading and security fencing. During the same period additional interest has accrued. We have discussed implication with the Finance Director. It is recommended by the Public Safety and Operations Committees, Fire and Police Departments that $70,000 of the additional interest be allocated to the Bond Radio/MDT bond project to cover the �} additional cost of the backbone of the system. Additional bond interest in the amount of $14,000 to project management and $10, 000 of bond interest to East Hill site work. 3 . EXHIBITS: Executive su ry and fiscal note 4. RECOMMENDED BY: Fire ief Acting Police Chief Public Safety Committee and 0 erat' ns Committee (Committee, Staff/ taff Examiner, Commission, etc. ) 5. UNBUDGETED FISCA PERSONNEL IMPACT- NO YES X FISCAL PERSONNE NOTE: Recommended Not Recommended 6. EXPENDITURE B OUIRED: $94 , 000 of accrued Public Safety Bond Issue Inter t SOURCE OF DS• 7. CITY COUN ,IL ACTION: Council ember moves, Councilmember seconds DISCUS ION: ACTION: Council Agen�a Item No. 3C EXECUTIVE SUMMARY FEBRUARY 19, 1991 TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS COUNCILMEMBERS WHITE, DOWELL, JOHNSON, HOUSER, MANN, ORR FROM: NORM ANGELO, FIRE CHIEF SUBJECT: PUBLIC SAFETY BOND PROJECT-RADIOS/MDTs, AUDIO VISUAL ----------------SYSTEMl_EAST_F�ILL_SITE---------------------------- INTRODUCTION/BACKGROUND The 1986 Bond Issue envisioned a radio and mobile data terminal system that would enable police and fire personnel to communicate on a more reliable system with improved coverage. It was essential that such a system be expandable to allow for our neighbors to join the system. We had also planned for eventual regional capabilities. The amount of research and planning moved the project completion date further out than originally planned. Given the bidding economy for the radio tower and support building and lack of adequate quality telephone transmission lines led to higher costs than earlier projected. Project Management Staff took on additional responsibilities and developed alternatives in several areas to minimize the additional revenue needed to complete the minimal system. At the same time, delays in the project as well as the delay in taking delivery of a new Ladder Truck has allowed the Bond Projects to accrue additional interest. The amount of funds needed to complete the basic backbone of the Radio and MDT system is $70, 000. This basic part of the system is shared equally by Police and Fire. The impact of not providing the additional funding would result in cutting back in the amount radio and MDT equipment that was planned at the bare minimum level. Since sufficient interest has been generated and every practical step that could be taken has been taken to save where we could, Police and Fire Departments are requesting that the Radio/MDT Bond Project budgets be increased by $70, 000, for the purpose of covering the non-projectable cost of the backbone of the system. - Executive Summary to the Mayor and City Council February 19, 1991 Page 2 We have discussed this matter with the Finance Director. The second part of this request relates to the fact that there are ongoing costs associated with finalizing the construction projects in 1991 (acceptance as well as warranty follow through) . Given the need for the technical expertice to install audio visual equipment and develop procedures, we will be using a person involved in the original design of the system. The remainder of the funds are needed for routine supplies and services. The total cost is estimated at $14, 000. The third item deals with the undeveloped part of the East Hill Complex property being graded, secured and for final grading of the location of the future supply tank for the tower. RECOMMENDED ACTION The Fire Department recommends that the Public Safety Committee place on the consent calendar the authorization for $70, 000 of accrued Public Safety Bond Interest be allocated to the Radio/MDT project budgets to cover the additional costs of the shared portion of the basic system. That $14, 000 of accrued interest be placed in project management to complete follow through on basic system implementation and project management. That $10,1000 be allocated to East Hill site grading and security. SIGNIFICANCE Funds are available, Police and Fire will share equally in the benefit. However, a lack of funding would require cutting back in the radios in emergency apparatus. Installation and procedures is essential for the use of facilities and current level of equipment already purchased. Executive Summary to the Mayor and City Council February 19, 1991 Page 3 BUDGET ECONOMIC IMPACT The funding of $941000 generated from accrued bond interest of the Public Safety Bond Project. No impact on operational budget. ALTERNATIVES/CONSEQUENCES None tcn MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Subject: ADD'L ALLOCATION OF PUBLIC SAFETY BOND ISSUE INTEREST Creator: Tony MCCARTHY / KENT70/FN Dated: 02/08/91 at 1750. THE FIRE AND POLICE DEPARTMENTS ARE REQUESTING THE ALLOCATION OF $94, 000 IN ADDITIONAL PUBLIC SAFETY BOND ISSUE INTEREST INCOME TO ORIGINAL PUBLIC SAFETY BOND ISSUE PROJECTS. THE INTEREST INCOME HAS ACCRUED BECAUSE THE COMPLETION OF THE PROJECTS IS COMING LATER THAN ORIGINALLY ANTICIPATED. THE ADDITIONAL INTEREST HAS BEEN COMPUTED CONSERVATIVELY WITH MORE TO BE EARNED IN 1991. ALSO AN AMOUNT HAS BEEN SET ASIDE TO PAY FEDERAL ARBITRAGE THAT IS DUE IN DECEMBER OF THIS YEAR FOR INTEREST EARNED ABOVE THE TAX EXEMPT BOND ISSUE RATE. IN DISCUSSING THIS AT THE IBC MEETING IT WAS NOTED THAT THE COUNCIL MAY WANT TO CONSIDER USING THE EXCESS INTEREST TO PAY BACK THE CIP FUND FOR ITS CONTRIBUTION 2 YEARS AGO FOR EXCESS COSTS ON THE WEST HILL PROJECT. IF THIS IS DONE, THE CURRENT REQUEST FOR ADDITIONAL FUNDING WILL HAVE TO BUMP OTHER PUBLIC SAFETY OPERATING OR CAPITAL ACQUISITIONS. THE IBC ONLY MAKES THIS POINT BECAUSE IF ADDITIONAL INTEREST HAD BEEN KNOWN ABOUT 2 YEARS AGO THAT WOULD HAVE BEEN AN OPTION ON THE WEST HILL PROJECT. WITH THIS POINT NOTED, THE IBC RECOMMENDS THE ALLOCATION OF INTEREST AS REQUESTED BY THE FIRE AND POLICE DEPARTMENTS. Kent City Council Meeting Date February 19 1991 Category Consent Calendar 1. SUBJECT: LID 331 - 240TH STREET IMPROVEMENTS 2 . SUMMARY STATEMENT: Adoption of ,Qrdinance �I�� amending Ordinance 2952 which approved and confirmed the assessments and assessment roll of LID 331. The initial ordinance erroneously listed the assessment roll as a total project cost. The amended ordinance changes this figure to the established assessment roll. 3 . EXHIBITS: mended ordinance 4 . RECOMMENDED BY (Committee, S aff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL P RSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NO : Recommended Not Recommended 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3Dt i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Ordinance 2952, which approved and confirmed the assessments and assessment roll of Local Improvement District 331. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance 2952 is amended to read as follows: Section 1. The assessments and the assessment roll of Local Improvement District No. 331 which has been created and established for the purposes of the improve- ment of S.E. 240th Street Improvement (108th to 116th Ave. S.E. ) be and the same is hereby in all things and respects approved and confirmed in the total amount of ( ($474537417761) ) $360, 417 . 61. Section 2 . This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication by law. Section 3 . Any acts made consistent with the authority and prior to the effective date of this ordinance are hereby ratified and confirmed. I i I 0 I i I DAN KELLEHER, MAYOR I,ATTEST: i �MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: OG R A. LUBOVICH, CITY AT RNEY PASSED the day of , 1991. APPROVED the day of , 1991. PUBLISHED the day of , 1991. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo indicated. (SEAL) MARIE JENSEN, CITY CLERK 9270-330 2 - .. ... ...... .... p Kent City Council Meeting Date February 19. 1991 Category Consent Calendar 1. SUBJECT: KELLY'S CAFE AMERICANA STREET VACATION STV-90-4 c� pmg 2 . SUMMARY STATEMENT: Adopt°ordinance vacating a portion of South Central Place, a street located on the northwest corner of S.E. 266th and So. Central Ave. 3 . EXHIBITS: Ordi ance e i 4. RECOMMENDED BY: Co ncil (Committee, Staf \Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PER L IMPACT: NO X YES FISCAL/PERSONNEL NOTE: 117 ommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: \\ Councilmember moves,\\Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3EPr i Si r jI �I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating a portion of South Central Place, a street located on the northeast corner of S. 266th and South Central Avenue, within the Kent City limits. WHEREAS, a petition for the vacation of a portion of South Central Place was signed by the owners of more than two-thirds of the property abutting upon the street and was properly filed with the City of Kent; and WHEREAS, the Kent City Council, by Resolution 1260, fixed a time when said petition would be heard and said hearing was held on proper notice, on November 6, 1990, at the hour of 7 o'clock p.m. , in the City Council Chambers of the City Hall of the City o Kent, Washington; and WHEREAS, the Kent Planning Director processed said petition and secured technical facts pertinent to the question of said vacation, which included a sketch of the proposed vacation; and WHEREAS, the Kent Public Works Director recommended approval of the vacation subject to certain conditions such as the retention of easement rights for utility purposes over, upon and under the property described in this vacation; including the right to grant similar utility rights to other public or private utility companies which have existing facilities therein; and i� easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services; and also reserving an easement for the purpose of placing, installing, constructing, operating and maintaining a monument denoting a historic site and/or City entry way signage and related landscaping and appurtenances thereto. Section 3 . No vested rights shall be affected by the provisions of this ordinance. Section 4 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after- its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 - Kent City Council Meeting Date February 19. 1991 Category Consent Calendar 1. SUBJECT: WALNUT RIDGE PRELIMINARY SUBDIVISION SU-90-5 h, set' or 2 . SUMMARY STATEMENT: Authorize March 5, 1991 for a ubl 'c m�e to consider the Hearing Examiner's recommends i n ror o�L nional approval of an application by Douglas W. Graef and William Curran, Sr. for a 12-lot single family residential preliminary subdivision. The property is located south and west of 9631 So. 242nd St. 1 3 . EXHIBIT None 4 . RECOMMEND D BY: Hearing Examiner. 1/30/91 (Committ e, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FIS PERSONNEL IMPACT: NO_ / YES FISCAL PERSONNE NOTE: Recommended Not Recommended 6. EXPENDITURE RE UI D: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Ageny9a Item No. 3F C� Kent City Council Meeting Date February 19. 1991 Category Consent Calendar 1. SUBJECT: CHARGE IN LIEU OF ASSESSMENT-WATER MAINS 2 . S ST ..___ As recommended by the Public W_ ork_* ) Committe uthorization to establish a charge in lieu of sessment on water mains constructed by the City in the vicinity of S.E. 244th Street, S.E. 248th Street, 100th Avenue S.E./So. 231st Street and So. 231st Street east of 100th Avenue i S.E. 3. EXHIBITS: Excerpt from Public Works Committee Minutes and vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) i 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE• Recommended Not Recommended i 6. EXPENDITURE REOUIREO: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agen�a Item No. 3G �/ Public Works Committee February 5, 1991 Page 4 SeaTac/Kent Annexation/Deannexation Wickstrom stated that Kent has received a grant for expansion of the existing park and ride lot at Kent-Des Moines Road and Military. The proposed expansion includes property which is within the City of SeaTac. We have contacted SeaTac about deannexation of those two parcels with Kent annexing them to simplify the project implementation. SeaTac has concurred with this. The TIA grant is $1. 9 million. Metro would be responsible for the City's local share of the project. Brubaker asked if that would include any legal costs associated with the annexation. Wickstrom indicated that would be the case. The Committee unanimously recommended approval. Water Main Charge in Lieu of Assessment Wickstrom stated that in 1987 Kent took over the East Hill Community Well Company. At that time, we installed water mains to provide service to existing East Hill Community Well Company customers. There were certain parcels in the area that were not members of the Community Well Company and did not require water service at that time. We are requesting to establish a charge in lieu of assessment for those parcels when they connect to the new water mains which will reimburse the water utility for the cost of construction of the mains. The Committee unanimously recommended approval to establish the charge in lieu of assessment. Ackerson Request for Time Payment of Chafe in Lieu of Assessment Wickstrom stated that Mr. Ackerson has requested authorization for time payments for the charge in lieu of assessment for his water meter connection for his property on Kent Kangley. Wickstrom further explained that the City constructed this water main at the time we constructed L. I.D. 289 but was not part of the LID itself. We transferred the existing Kent Springs Transmission Main customers in the area to the new main and established a charge in lieu of assessment for any new connections to the main. Mr. Ackerson's property was not connected to the City' s water at that time. The Committee unanimously recommended approval for the time payment. Local Hazardous Waste Management Plan Wickstrom stated this item was included as information for the Committee. A copy of a brochure developed by Metro explaining the `r pending implementation of the Local Hazardous Waste Management Plan �' SE 222ND �, 222ND sT ST `� 515 SE 222ND PL BE 223RD ST ' z' .- < N AM7 on 9 8 SE 224TH C� 3T < a _ Be �� 18 17 BE 224TH �. - 10��v BE "22PL ya 16 ? PL w y w <224TH BE 225TH W Z _ .O, 225tH n sT < STH W n W 2251 H H y '" ST BE SE 225,TH ,� tx x - y f, BE I- r V l0 226 H SCHED4 < 2 H yT I s .. < . all' 227TH 22fTH 227TH Sr g .. ST SE 228TH PL 228TH ST< BE 22STH "r SE ST _ „ y mac'" 229jN g9p f29TH S o� W PL Q" J�" ST IS <. 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' o _.)'Y ir?�;ti��, / /r....•�� SF 957ND Kent City Council Meeting Date February 19 . 1991 Category Consent Calendar 1. SUBJECT: TIME PAYMENT REQUEST-CHARGE IN LIEU OF ASSESSMENT 2 . GTA N'I`: As recommended by the Public Work. Committe u horization to e Iish-a-time payment for payment of a c arge in lieu of assessment in the amount $1,442.46 for water meter connection for Maynard Ackerson, 11704 Kent-Kangley i Roads i 3 . EXHIBITS: Excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agen a Item No. 3H V F l Public Works Committee February 5, 1991 Page 4 SeaTac/Kent Annexation/Deannexation Wickstrom stated that Kent has received a grant for expansion of the existing park and ride lot at Kent-Des Moines Road and Military. The proposed expansion includes property which is within the City of SeaTac. We have contacted SeaTac about deannexation of those two parcels with Kent annexing them to simplify the project implementation. SeaTac has concurred with this. The TIA grant is $1.9 million. Metro would be responsible for the City' s local share of the project. Brubaker asked if that would include any legal costs associated with the annexation. Wickstrom indicated that would be the case. The Committee unanimously recommended approval. Water Main Charge in Lieu of Assessment Wickstrom stated that in 1987 Kent took over the East Hill Community Well Company. At that time, we installed water mains to provide service to existing East Hill Community Well Company customers. There were certain parcels in the area that were not members of the Community Well Company and did not require water service at that time. We are requesting to establish a charge in lieu of assessment for those parcels when they connect to the new water mains which will reimburse the water utility for the cost of construction of the mains. The Committee unanimously recommended approval to establish the charge in lieu of assessment. Ackerson Request for Time Payment of Charge in Lieu of Assessment Wickstrom stated that Mr. Ackerson has requested authorization for time payments for the charge in lieu of assessment for his water meter connection for his property on Kent Kangley. Wickstrom further explained that the City constructed this water main at the time we constructed L. I.D. 289 but was not part of the LID itself. We transferred the existing Kent Springs Transmission Main customers in the area to the new main and established a charge in lieu of assessment for any new connections to the main. Mr. Ackerson' s property was not connected to the City's water at that time. The Committee unanimously recommended approval for the time payment. Local Hazardous Waste Management Plan Wickstrom stated this item was included as information for the Committee. A copy of a brochure developed by Metro explaining the pending implementation of the Local Hazardous Waste Management Plan Kent City Council Meeting Date February 19. 1991 Category Consent Calendar 1. SUBJECT: PLANNING COMMISSION APPOINTMENT 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Al Haylor to the Kent Planning Commission, replacing Elmira Forner whose term has expired. 3 . EXHIBITS: Memo from Mayor 4 . RECOMMENDED BY: Mayor Kelleher (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ None SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3I ✓ M E M O R A N D U M TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR DATE: FEBRUARY 13 , 1991 SUBJECT: APPOINTMENT OF AL HAYLOR TO KENT PLANNING COMMISSION I have recently appointed Al Haylor to the Kent Planning Commission. Mr. Haylor will replace Elmira Forner whose term has expired. Mr. Haylor has served on the Planning Commission in the past and also served on the Washington State Boundary Review Board of King County for 12 years. He is employed at Delta Airlines where he is a senior customer service agent. Mr. Haylor's appointment will become effective immediately and continue through 12/31/93 . I submit this for your confirmation. DK:jb Kent City Council Meeting Date February 19. 1991 Category Other Business 1. SUBJECT: RESCISSION OF LOT LINE ADJUSTMENT LL-88-27 2 . SUMMARY STATEMENT: This agenda item is to consider the Council Planning Committee's recommendation to proceed with the Administrative Procedure Option No. 3 to rescind lot line adjustment LL-88-27 located in North Park. This item was before the Planning Committee on November 6 and 20 and December 4, 1990. 3 . EXHIBITS: Staff findings; Planning Committee minutes; memo from City Attorney, Roger Lubovich; an opinion by Attorney James E. Fearn, Jr. 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO >< YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE RE4UIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember ' seconds to accept the Planning Department's findings and to concur with Option No. 3 to administratively rescind lot line adjustment LL-88-27. DISCUSSION• ACTION• Council Agenda Item No. 4A V «cr of Red CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 Ism- FINDINGS OF FACT, CONCLUSIONS AND DECISION FILE NO: #LL-88-27 NORTH PARK SECOND ADDITION, LOTS 1-7 INCLUSIVE AND 24-30 INCLUSIVE IN BLOCK 1, LOTS 1-7 INCLUSIVE AND 23-30 INCLUSIVE IN , BLOCK 7 APPLICANT: Michael P. Heutmaker REOUEST: A request to rescind lot line adjustment #LL-88-27 LOCATION: Lot line adjustment #LL-88-27 consists of lots lying between Third Street North and First Street North and southerly of Bowen Avenue in North Park; includes former lots 1 through 7 inclusive and lots 24 through 30 inclusive in Block 1; and lot 1 through 7 inclusive and lots 23 through 30 inclusive in Block 7 all in North Park Second Addition in Kent. APPLICATION FILED: December 31, 1990 for recision. PUBLIC NOTICE: A public notice was published for the proposed action on January 18 , 1991. This notice stated that the Kent City Council will consider the request at it' s February 19, 1991 meeting and that any person wishing to submit written comments on this application may do so prior to January 31, 1991. The public notice was also mailed to property owners located within 200 feet of the subject property. HISTORY 1. Lot line adjustment LL-88-27 was approved by the Kent Planning Director James P. Harris on October 25, 1988 in accordance with State Subdivision law and Kent City Code. 2 . Zoning on the property at that time was MRD, Duplex Multifamily Residential. 3 . A single-family dwelling can be built in an MRD zone on 7, 200 square foot lots and a duplex (two-family dwelling) can be built on an 8, 500 square foot lot. 4 . The lot line adjustment combined 40 foot x 127 foot lots (5, 080 square feet) into 80 foot x 127 foot (10, 160 square feet) lots. 1 City of Kent Planning Department Findings of Fact #LL-88-27 5. Subsequent to this lot line adjustment the City Council approved a new zoning designation which included the area of North Park where the lots of LL-88-27 lie. 6. This new zoning was approved on January 30, 1990 by the Council and the zoning at that time became R1-5. 0, Single-Family Residential (minimum lot size of 5, 000 square feet) . 7 . There is no specific provision for rescinding a lot line adjustment in the Kent City Code. Subsequent legal research has determined that an administrative approval of the application for rescission is consistent with the statutory language pertaining to lot line adjustments. 8 . Because there is no specific City procedural policy for rescission of lot line adjustments, the Legal Department has recommended that the City Council, as the legislative body, ratify any administrative decision. 9 . The Council ' s Planning Committee has considered this matter on three occasions and has approved the procedure as presented by the Legal Department. 10. There has been no activity on the subject property that would have any significant impact on the action proposed. 11. The action requested is consistent with the zoning of the site. 12 . There were no written comments received in response to the public notice. CONCLUSIONS 1. The proposed lot line rescission will not be detrimental to other uses legally existing or proposed. 2 . The proposed size of the lots after rescission of lot line adjustment LL-88-27 will meet current zoning designation requirements. DECISION The Planning Director approves the rescission of LL-88-27 subject to ratification by the City Council. 2 City of Kent Planning Department Findings of Fact #LL-88-27 Dated this 14th day of February, 1991 • AMES P. HARRIS Planning Director 3 OFFICE OF THE CITY ATTORNEY DATE: November 28 , 1990 TO: Planning Committee FROM: Roger Lubovich, City Attorne �j SUBJECT: NORTH PARK PLAZA LOT LINE ADJUSTMENT This matter was brought before the Planning Committee earlier in November to review various alternatives to Mr. Heutmaker' s request that his lot line adjustment of 1988 be vacated or rescinded. After discussion of the matter and reviewing the various alternatives, the Committee recommended an administrative process, including a hearing, to rescind or nullify the lot line adjustment to allow Mr. Heutmaker to build single family homes on lots of approximately 5, 000 square feet in an R1. 5 zoning district. As you recall, in 1988, Mr. Heutmaker filed a lot line adjustment combining his 5, 000 square foot nonconforming lots to 10, 000 square feet so that he could build duplexes on 10, 000 square foot lots. In February of 1990, the City Council rezoned the area to R1.5, thereby allowing single family homes on 5, 000 square foot lots. Unknown to this department, the City Council, at the same time, amended its nonconforming lot provisions in its ordinance to allow lots less than 5 , 000 square feet and less than 50 feet wide (i.e. 40 feet wide and 4600 square feet) to be conforming under the R1. 5 zoning district thereby allowing Mr. Heutmaker to build single family homes on 4600 square foot lots which are 40 feet wide. This. department was unaware that all of his lots were basically nonconforming to the R1. 5 zoning. As a consequence, I informed the Committee at its last meeting that there may be a problem with its decision based on the lack of this information. Since the last Planning Committee meeting, I have obtained an opinion from a Seattle attorney who specializes in this area of law. This opinion (enclosed) provides that the fact that Mr. Heutmaker' s lot line adjustment had taken effect prior to the rezone and the nonconforming ordinance amendments is insignificant as far as the Planning Committee' s decision to allow a rescission or a nullification of the lot line adjustment through the selected administrative process. In other words, the Planning Committee' s prior termination is not affected by the new information obtained by this department since that decision was made. plancom.doc Tousl Brain BOUR ATTORNEYS AT LAW -Cur f A MOITA M. T BLACK 56TH FLOOR.AT&T GATEWAY TOWER TIMOTHY LLIAM H. BLACK 700 FIFTH AVENUE NOV 2 II 19ga I CHR SITOPHER L BRAIN SEATTLE•WASHINGTON 98104.5056 FACSIMILE(206)682.2992 Et TELEPHONE(206)682-5600 ` RICHARD ALAN COL E.BRAIN VINCENT B.OEPILLTSIS JAMES E.FEARN•JR. ��Gllt i_,i 'I,'yi j^�t(,i�V��G�i� STEPHAN0.FJELSTAD•• -,,,, ,,,..,.�.._.,.. -- �•^"'-"" ' DARIA NACHEFF HOMCHICK JEAN E.HUFFINGTONt DEBORAH A.KNAPP CHARLES B.MANGER REBECCA A.MCINTYRE November 26, 1990 SUSAN KIM D. STEPHEN SHN S S CYNTHIA THOMAS RUSSELL F.TOUSLEY MARY FOSTER VRBANAC KIMBERLY KERNAN WOODS 'ALSO ADMITTED IN THE DISTRICT OF COLUMBIA "ALSO ADMITTED IN CALIFORNIA t ALSO ADMITTED IN OHIO AND DISTRICT OF COLUMBIA Roger Lubovich tALSO ADMITTED IN ARIZONA City Attorney OF COUNSEL city of Kent STANBERY FOSTER.JR, 220 Fourth Avenue South OUR FILE NO Kent, WA 98032 I-1472-001.B1 Re: Lot Boundary Adjustment Dear Mr. Lubovich: In a recent conversation you explained that the City of Kent's Planning Director granted a lot boundary adjustment (LBA) to Michael Heutmaker, in October, 1988. The LBA consoli- dated twenty-six lots, each of which was approximately 51000 square feet, into thirteen approximately 10, 000 square foot lots. At the time of the LBA the property was zoned Duplex, Multi-Family Residential.. Permits were applied for to develop the thirteen lots. In March, 1990 the zoning was changed to R1- 5000 (Residential Development, 5000 square foot lot size) . Heutmaker would now like to nullify the previous LBA and restore the twenty-six lots that existed before the LBA was approved. Heutmaker would build single family houses on the new lots. RCW 5 . 27 . 040 (60, which authorizes LBA's exempts for the subdivision process: A division mode for the purpose of alter- ation by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division which contains insufficient area and dimension to meet a Roger Lubovich November 26, 1990 Page 2 minimum requirements for width and area for a building site. Nullification of the LBA previously granted Heutmaker would not create any additional lots because those lots were created when the original plat was approved in 1910. The fact that the lots were consolidated in the LBA does not change the fact that the individual lots were created through a lawful subdivision procedure. The statute is silent concerning nullification of LBA's, and my research disclosed no cases addressing the issue. It seems reasonable, however that lots lawfully created need not be recreated by subdivision following nullification of an LBA as long as the lots meet the minimum code requirements for width and area. Section 15. 08 . 100 E(2) of the Kent zoning code, provides that where single family dwellings are permitted by zoning, single family dwellings and customary accessory buildings may be erected on substandard lots if the lots were of record on June 20, 1973 . To take advantage of this exemption, the lots must be in separate ownership and not have continuous frontage with other lots in the same ownership. When two or more lots with continuous frontage are in common ownership, the lots are considered one parcel, and any development on such lot must meet the requirements of the code. In the R1-5 . 0 zone, two. or more lots in a single ownership that have continuous frontage and were of record prior to June 20, 1973 , are considered an undivided parcel and no portion of such lot can be used or sold in a manner that does not comply with the lot width and area requirements of the zoning code.. If, however, lots in single ownership meet the standards for lot area, width and slope provided in Section 15.'. 08 . 010E(2) of the code, the general exemption discussed above, for development on substandard lots in residential areas, applies and such lots may be developed even though they do not meet the general development standards in the zoning code. The minimum lot area provided in Section 15. 08 . 01.OE(2) is 41600 square feet, the minimum lot width is forty feet and the minimum slope is fifteen percent. I am advised that Heutmaker's lots are in the R1. 50 zone and meet the standards for lot area, width and slope. Heutmaker's lots were "of record" on June 20, 1973 , that is, the plat of those lots was recorded in 1910 and was not altered until the LBA was granted in 1988 . Read literally, the Roger Lubovich November 26, 1990 Page 3 exemption of Section 15. 08. 010E(2) applies to Heutmaker's lots because they were "of record in on June 20, 1973" . Presumably the City Council intended to require the lots to be of record on the specific date, otherwise it would have said Lots of record "on or before" that date, or, lots that "were of record on that date and have remained.unchanged since that date or some similar language. • Instead, for reasons that are not apparent from the legislation, the council felt that June 20, 1973 was signifi- cant. When statutory language is plain and unambiguous, no interpretation is required, McCarver v. Marlon Park Recreation District, 92 Wn. 2d 370, 597 P.2d. 1362 (1979) ; Hatfield v. Greco, 87 Wn. 2d 780, 557 P. 2d 340 (1976) . The plain language of 15. 08 . 010 E(2) seems to require an interpretation that would permit the exemption to apply to Heutmaker's Lots. The interpretation of a regulations by the agency responsible for its enforcement is entitled to substantial deference, Gross v. City of Lynnwood, 90 Wn. 2d 395, 583 P. 2d 1197 (1978) . This provides some discretion for the Planning Director to interpret 15 . 08. 010E(2) as he believes appropriate. Finally, the objective when interpreting legislation is to determine the intent of the enacting legislative body Washington State Human Rights Commission v. Cheney School District, 97 Wn. 2d 118 , 641 P. 2d 163 (1982) . This is done primarily by examining the legislative history of the enactment. If the legislative history of 15. 08 . 010E(2) discloses a specific intent, an interpretation consistent with that intent would be proper. If there is no legislative history, the Council's intent will have to be inferred from the language of the Code. If you need additional information, or need to discuss this further, please call. Very truly yours, TOUSLEY BRAIN Jame Fearn, Jr. JEF/meg 1466100tL022A.7EF Planning Department city Council Planning Committee December 4, 1990 GROUP HOMES CLASS III (LAW DEPARTMENT) City Attorney Roger Lubovich stated that there has not been any changes on this issue from the last meeting. He recapped that since the legal department got into this matter at the latter end of the project, the Law Department had to do their own review of the proposal and report. 'This additional review has raised' the following areas of concern and discussion: 1. screening of individuals 2. Dispersion - 1, 000 to 3, 000 feet for Group III 3 . The licensing requirements 4 . The type of homes established under each of the three classifications. The direction given to the Law Department from the Planning Committee was for Class II to be primarily juvenile, drug and alcohol rehabilitation persons, for Class III for more violent State run facilities. A draft ordinance will be drawn up to be presented for approval at the January 2 , 1990 Public Hearing to the City Council. NORTH PARK LOTS (R. Lubovich) Attorney Roger Lubovich explained that research is now completed to determine what effect the lot line adjustment Mr. Heutmaker did a year ago has on the nonconforming amendment that was done in February 1990. Mr. Lubovich reported that there is no change from the initial decision. This procedure can be done administratively according to Option #3 (Rescission of Lot Line Adjustment Approval) ,. which was moved and seconded at the November 6, 1990 Planning Committee meeting. ADJOURNMENT The meeting was adjourned at 5: 45 p.m. 3 Planning Department City Council Planning Committee November 20, 1990 Group III so that the Planning Committee can bring this recommendation to the City Council as a public hearing and then take action. Mr. Harris reminded the Committee that we are not plowing new ground because the City Council members have already voted, but what would be done is opening this vote and saying there are corrections to be made to your last vote. As the Attorney' s office reviews the action the Council took based on recommendations, we find there needs to be some changes so all that needs to be done is to open that part up. The Attorney' s office will be directed to draw up an ordinance. The direction that was agreed upon by the Committee was to set a date at the December 4 , City Council meeting to have a publid hearing on December 18, 1990. If there isn't a meeting it .would be scheduled for January 2 , 1991, This can come back to the Planning Committee on December 4 , 1990. DEDICATION OF PARKS AND OPEN SPACE IN PLATS (F. Satterstrom) Planning Manager Fred Satterstrom reviewed the proposal explained in the agenda packet that the City of Kent develop its own ordinance requiring land dedication or fees-in lieu of land dedication for parks and open space in subdivisions. If the Committee is interested in this the Planning Department would work with the Law and Parks Departments in coming forward with a proposed ordinance, which would require a Zoning Code amendment to be implemented by going to the Planning Commission. Mr. Satterstrom mentioned that the Parks Department is very supportive of this item. Councilmember Christi Houser asked who would decides whether a developer builds a park or whether the developer pays money. Planning Director James Harris explained the Planning Department would be working with the Parks Department and others. This would be a recommendation on a preliminary plat that is heard by ,the Hearing Examiner and the Hearing Examiner makes recommendation to City Council. The Planning Department does not decide but a recommendation may be made. The Hearing Examiner makes a recommendation in approving the preliminary plat and then it would go to the City Council for approval. For example, a plat with 15 conditions, one recommended condition may be set aside a 72 square feet lot for a mini-park. Mr. Harris explained that State Law says that we "shall" set aside open space. It doesn't say we might or could, just we "shall" . Under 2929, any payment has to be tied to something that is adjacent to that plat or nearby that plat. Chair Jon Johnson stated that all was agreed that the Committee is interested in pursuing this further. 4 Planning Department City Council Planning Committee November 20, 1990 ADDED ITEM - NORTH PARK LOTS (R. Lubovich) Attorney Lubovich reviewed the action taken at the November 6, 1990 Planning Committee meeting to go ahead and do the administrative procedure (Option #3) to rescind the lot line adjustment. Mr. Lubovich explained right after that meeting he was informed that along with rezoning in' February 1990, there was a nonconforming lot line ordinance amendment. Basically, that amendment allowed lots, such as the 40 feet wide North Park Plaza to be basically complied with the City' s R1. 5 zoning because they require 50-foot lots. The amendments that occurred with the rezone allowed Mr. Heutmaker' s lots to comply with R1. 5 zoning. The question that comes up as the problem at the time that happened, the Council . and nobody knew that Mr. Heutmaker had already done a lot line adjustment to 10, 000 square feet. The point is that Mr. Heutmaker did not have a nonconforming lot at the time the amendment was done. Therefore, if he rescinds and we go through this process that was recommended by. the Committee to rescinding the lot line adjustments, it is quite possible that he goes back to 40-foot lots, which means it may not be in compliance with current zoning for R1.5. Mr. Lubovich was hoping to have an answer today . to determine what effect the lot line adjustment Mr. Heutmaker did a year ago has on the nonconforming amendment that was done in February 1990. Mr. Lubovich will report at the December 4th meeting. ADDED ITEM - MOBILE HOME SPACE REQUIREMENTS (L. Orr) Councilmember Leona Orr commented that at one of the Council meetings Jack Heck asked what was being done about this item. Ms. Orr stated according to the ordinance regarding lot widths, currently, two mobile homes must move out of a park before one can move in. Ms. Orr commented the City is causing affordable housing to be lost as well as causing hardship to the owners of current mobile home parks who are loosing revenue. Ms. Orr asked if it would be possible to have the existing mobile home parks grandfathered and the new lot width requirements only be for new mobile home parks. This item will be discussed next year. ADJOURNMENT The meeting was adjourned at 5: 35 p.m. 5 Planning Department City Council Planning Committee November 6, 1990 NORTH PARK LOTS (Roger Lubovich) City Attorney Roger . Lubovich reviewed four(4) options and each were discussed. The fifth(5) option stated No Action. The Committee decided on, Councilmember Christi Houser made the MOTION, and Councilmember Leona Orr SECONDED to recommend option three(3) as stated in the memo that was passed out by Attorney Lubovich. The MOTION carried. Option #3 is as follows: 3 . Rescission of Lot Line Adjustment Approval. There is no precedent in our ordinances or case law for rescission of a lot line adjustment that was properly approved. Revocation may occur in instances similar to those under which. a permit had been wrongfully issued, but these situations arise because of mistakes or misrepresentation. Here, an accurate application was received in the Planning Department for the lot line adjustment, and the Department properly gave •its approval. It has been therefore suggested that an option to explore is an "ad hoc" implementation of a lot line adjustment rescission. The way to initiate this "ad hoc" procedure would be for all owners of property affected by the lot line adjustment to submit a request to the Planning Department that the LLA be rescinded. Because approval of an LLA requires no notice to the public, we would not need to provide notice of the proposed rescission. However, any challenge to the eventual rescission would likely be mounted on due process grounds, so it might be best to provide public notice anyway. This way we would also be apprised of any public welfare or .other interest associated with the LLA rescission that we 'May have overlooked. The Planning Director ' s decision rescinding the LLA should cite the specific circumstances surrounding the action, and state that the public interest would be served by the rescission. This will be an easy argument to make, since the surrounding zoning has changed in a manner consistent . with the effect of the rescission. The property owners would be given the original rescission document, and allowed to record it against the property, just as they have done for the original LLA. ADDED ITEM - CDBG HUMAN SERVICES FUNDING - (L. BALL) On September 18 , 1990 the City Council adopted Kent ' s 1991 Community Development Block Grant (CDBG) Program with a total of CDBG funds available of $219 , 719 . 3 Kent City Council Meeting Date February 19 . 1991 Category Other Business 1. SUBJECT: GOLF CART LEASE 2. SUMMARY STATEMENT: As recommended by the Internal Budget Committee, the Parks Department seeks authorization for Riverbend Golf Complex to lease an additional twenty-one power golf carts from Yamaha. The current fleet size, consisting of twenty-nine, does not handle the demand for regular and tournament play, and the complex is losing potential revenue. Staff feels that the revenues generated will cover the cost of expenses and result in a profit. 3 . EXHIBITS: Contract, Te/Budcaret ase 4 . RECOMMENDED BY: InternaCommittee Parks Dept. Staff (Committee, Staff, E miner, Commission, etc. ) 5. UNBUDGETED FISCAL P ONNEL IMPACT. NO YES X FISCAL PERSONNEL NOT Recommende14 Not Recommended 6. EXPENDITURE RE UIRED. $Z'1;410 SOURCE OF FUNDS. Re enues enerated through cart rental 7. CITY COUNCIL ACTIO n move, seconds that Riverbend Golf Complex be authorized to lease from Yamaha an additional twenty-one. golf carts for rental. 0 Cdd'= sc'cor © " -fl\�L- (vw(.cm Casvua6O. DISCUSSION• ACTION• _ Council Age Item No. 4B ICE EQUIPMENT EE (800) 344=0987 -.I C AVE., TACOMA rra' �• - =�xrE q SHOP ORDER CUSTOMER NO. ( � y1-5 t?-BE&jt> 60L�-- G9 C l z Se- -2o[ 9 0j . Me Kcc -3'�8� PURCH. ORDER NO. PART NO. QUANTITY DELIVERY DATE INSTRUCTIONS & REMARKS G'7 I791 `CAMAHA 4 or LC s bcFl To - 3ZclS I Q rc� @ 32-11 ,32 7570 @ 3& x 5-L CP r _ 3lon�s y� rLiaS `° �7S 203�ntcs. % `�8� � - ,zr %�' 31 rno 91 rU .CAr -3Cor�oS. li �5: s S ACT !#Y L a 1A04 Lf 8nto l — As-[ PgYre,eN I ,a,) TERMS -FOR LEASE OF 21 YANJ[AHA POWER CARTS Due upon delivery of April 1, 1991 $4o568.34 (first and last payment) Monthly lease payments $20284.17 (34 months remaining) Potential monthly revenue from 5 292.00 rental of 21 carts (Based on average 14 rounds/cart/month) Monthly profit: 3 007.83 Terms include 36 month lease agreement with $1.00 buy out. MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Subject: GOLF CART LEASE - FISCAL NOTE aator: Tony MCCARTHY / KENT70/FN Dated: 02/11/91 at 1730. THE PARKS DEPARTMENT IS PROPOSING THE LEASING OF 21 ADDITIONAL GOLF CARTS TO BRING THE TOTAL GOLF CART FLEET TO 50. THE LEASE WOULD COST THE CITY APPROXIMATELY $27,OOO IN 1991 AND SHOULD, ACCORDING TO THE PARK DEPARTMENT ESTIMATES, GENERATE APPROXIMATELY $54,000 IN INCOME. CURRENTLY ON MOST WEEKENDS EVEN IN JANUARY, ALL CARTS ARE RENTED OUT AND FOR MANY TOURNAMENTS, THE CITY LOOSES SUBSTANTIAL CART RENTAL INCOME. AT RENTAL RATES OF $18 PER ROUND, 107 ADDITIONAL RENTALS A MONTH ARE NEEDED TO BREAKEVEN. SINCE THE PARK DEPARTMENT ANTICIPATES AN ADDITIONAL 420 RENTALS A MONTH AND THESE RENTAL WILL GENERATE AN ADDITIONAL MONTHLY PROFIT AFTER EXPENSES OF $3,0001 THE IBC APPROVES THE REQUEST. THE APPROVAL ADDS $54 ,432 TO THE GOLF REVENUE BUDGET AND $27,410 TO THE GOLF EXPENDITURE BUDGET WITH THE $27, 022 PROFIT BEING USED TO HELP OFFSET OTHER GOLF COMPLEX EXPENSES. THE APPROVAL ASSUMES THAT THE NUMBERS SUBMITTED BY THE PARK DEPARTMENT REPRESENT THE TOTAL REVENUE PICTURE AND THAT THERE WILL BE NO OTHER EXPENDITURES ASSOCIATED WITH THIS ACQUISITION. IN PARTICULAR, THIS REQUEST WILL NOT HAVE A STAFFING IMPACT. 4 � 1 r� Kent City Council Meeting Date February 19. 1991 Category Bids 1. - WARD-14) HIGH-PRESSURE BREATHING AIR COMPRESSOR 2 TATEMENT: The Fire Department went out to bid for a high-pressure breathing air compressor. One bid was received from Ingersol-Rand/Eagle Compressor Company. The bid price is within the 1990 CIP budgeted amount. ,,, After review of the bid with Ingersol-Rand, a further cost reduction of approximately $2, 000 will be realized by the deletion of a feature that was not required in the bid specification. .,, This compressor will allow the Fire Department to supply needed breathing air at the scene of emergencies involving hazardous atmospheres. 3. EXHIBITS• Non 4. RECOMMENDED BY: Norm Angelo Fire Chief and Public Safety Committee (Committee, St ff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL ERSONNEL IMPACT: NO X YES FISCAL PERSONNEL N TE: Recommended Not Recommended 6. EXPENDITURE REQUIRE : $33 , 163 . 00 SOURCE OF FUNDS: fr the budgeted CIP fund dedicated to the purchase of this hi - ressure breathing air system 7 . CITY COUNCIL ACTION n • j f(v --- - Co M&,.,^I.a, move, Comer seconds that the bid submitted by Ingersol-Rand/Eagle Compressor Company 4be awarded in the \amount of $33, 163 . 00. LJrcdL) Secs-a-A-0 rY1 bye, C?GWUate/ DISCUSSION• ACTION: Council Age Item No. 5A V CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE r' C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE _ F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS t U1 1A , . PUBLIC WORKS COMMITTEE FEBRUARY 5, 1991 PRESENT: Jim White Ed Chow Leona Orr Ed White Steve Dowell Helen Wickstrom Don Wickstrom Karen Siegel Gary Gill John Watson Carol Morris Mr. and Mrs. Rust Tom Brubaker Lyle Price Rod Saalfeld East Hill Shopping Center Mr. Saalfeld indicated to .the Committee that his company wrote a utility bond in 1983 for Heutmaker Construction for the East Hill Shopping Center remodel. No plans were completed after the relocation of the sewer line and the bond has not been released because the City has not received the plans and bill of sale for the relocated line. Heutmaker Construction has since filed for bankruptcy and Mr. Saalfeld's agency has had to pay the premium for the bond since. Mr. Saalfeld asked for some assistance in getting the bond released. Wickstrom suggested that Mr. Saalfeld could hire a surveyor to complete the as-built plans. Another option would be for the City to act on the bond and use the funds to complete the survey. In response to White' s question, Wickstrom indicated that it would require the City to file a suit against the bonding agency and if we win the bonding agency would pay the costs associated with the work. Normally, we would hire the surveyor, complete the work and then go after the bond. White asked how that would affect Bell Anderson. The action would be against the bonding company and not Bell Anderson. The Committee recommended the City act against the bond to complete the work. Update Intersection Improvements 104th Avenue S.E. and S.E. 260th White had asked for an update on this project. Wickstrom stated that the improvements of this intersection were part of the mitigation conditions of the Canyon Ridge Plaza development. There has been some recent activity on this development and they are currently anticipating an opening date of June or July of 1992 . The improvements required as part of their mitigation must be in prior to that date. Another off-site improvement associated with this development is an intersection improvement at 260th and 108th. The developer has to acquire some off-site property in order to complete these and has been unable to reach settlement with the property owners. Since this improvement is on the City' s 6-year plan, the Council had previously indicated willingness to proceed with condemnation if necessary. We should know within the next six Public Works Committee February 5, 1991 Page 2 months if the development is going to proceed. If it does not, the City has budgeted funds to proceed with the improvements via an LID. Request for Signal - Military Road and 38th White stated that Councilmember Houser has asked that this be discussed at Public Works. Dowell had concerns that this should have gone to IBC prior to Public Works. Wickstrom stated that the intersection doesn't meet the warrants for a signal. White stated that he is currently doing a count at the intersection and will have that information later. The 1988 Traffic Flow Map shows Military having an Average Daily Traffic of approximately 7,900 vehicles which probably has increased to about 9, 000 currently. There are probably about 2 , 000 ADT on 38th. The MUTCD which is the industry standard for signals indicates the minimum requirement for a signal is at least 150 cars on the side street for at least 8 hours of a 24 hour period and at least 600 cars per lane for the main street for the same eight hour period. White stated he did not think this intersection came close to those volumes. There have not been any reported accidents over the past three years at this intersection. White stated that he would complete the count and prepare a warrant analysis and bring this back to the Committee. He indicated he would also contact Councilmember Houser to see if she had any other concerns that had not been addressed. Reith Road Guardrail Wickstrom reminded the Committee that they had previously directed us to bring the funding request for this project directly to Council. We had originally anticipated having 1991 funding for safety improvements. However, those funds were not included in our budget. Thus, we have reduced the number of feet of guardrail to be installed in order to reduce the cost of the project to about $9, 000. There is $5, 000 in the Asphalt Overlay fund which we are proposing to transfer to the Reith Road project. The remaining $4 , 000 would be transferred from the Frager Road Guardrail project once it is completed. The Committee unanimously recommended approval. TIB Grant - Central Avenue Gowe Street to Titus Street Wickstrom indicated that we had received preliminary approval of a grant for widening Central from Willis to Smith. However, after a cost benefit analysis with TIB we had to reduce the project to improvements between Gowe to Titus providing a two-way left turn lane and a right turn lane onto Gowe. TIB has granted us an 80% Public Works Committee February 5, 1991 Page 3 grant for this project scope. our matching funds will come from . $110, 000 in State Overlay money, funds left from the Central Avenue Storm Drainage Improvement project and funds in the Willis Street Improvement project. The Committee unanimously recommended approval to 'accept the grant. King County Recycling and Composting Demonstration Site Karen Siegel stated that King County contracts with the Washington State Energy Office to provide a Master Recycler/Composter Training program, the fourth one of which is currently being held in Kent. An element of that program is to construct a permanent, . demonstration facility to provide on-going education to the community on waste reduction, recycling and composting. King County has asked Kent to host a site for this demonstration facility. Siegel continued that she has met with John Watson of WSEO and Helen Wickstrom of the Parks Department to look at possible sites in Kent. A section of the Burlington Green is the site preferred by WSEO. Siegel stated that we are seeking approval to proceed with construction of the facility once a final selection of the site is made. John Watson distributed a photo of the site built in the City of Redmond and a draft of a plan for the one proposed for Kent. An area on the southern portion of the Burlington Green currently hosts the "Blind Park" which is scheduled to be torn down this year. Watson indicated the proposed plan for the Demonstration Facility incorporates the use of. some of those sculptures. White asked how this fits in with our current recycling program in Kent. Siegel indicated that the City's Recycling Program would be a sponsor of this facility. Wickstrom stated that it also fit in as an element of the yard waste component of our Comprehensive Plan. Dowell asked about the City's financial obligation for the facility. Siegel stated that the City's financial obligation for construction would be only the removal of the grass over the area, the broken sculptures if this particular location is used and any tree relocation that might be required. The County will guarantee to maintain the facility for three years. At the end of that period, if the City does not want to continue with the maintenance, the County will restore the site to its original condition. Dowell asked if there were any legal problems. Brubaker indicated he felt it fit within the conditions of our lease of the property. Helen Wickstrom stated that the Cultural Arts Division has some concerns with it being so close to the Gazebo but that we would continue to work with them on the design to see if we can address their concerns. The Committee unanimously approved to proceed with construction of the Facility at a site that is agreeable to the Public Works Department, Parks Department and Arts Commission. Public Works Committee February 5, 1991 Page 4 SeaTac/Kent Annexation/Deannexation Wickstrom stated that Kent has received a grant for expansion of the existing park and ride lot at Kent-Des Moines Road and Military. The proposed expansion includes property which is within the City of SeaTac. We have contacted SeaTac about deannexation of those two parcels with Kent annexing them to simplify the project implementation. SeaTac has concurred with this. The TIA grant is $1.9 million. Metro would be responsible for the City' s local share of the project. Brubaker asked if that would include any legal costs associated with the annexation. Wickstrom indicated that would be the case. The Committee unanimously recommended approval. Water Main Charge in Lieu of Assessment Wickstrom stated that in 1987 Kent took over the East Hill Community Well Company. At that time, we installed water mains to provide service to existing East Hill Community Well Company customers. There were certain parcels in the area that were not members of the Community Well Company and did not require water service at that time. We are requesting to establish a charge in lieu of assessment for those parcels when they connect to the new water mains which will reimburse the water utility for the cost of construction of the mains. The Committee unanimously recommended approval to establish the charge in lieu of assessment. Ackerson Reguest for Time Payment of Charge in Lieu of Assessment Wickstrom stated that Mr. Ackerson has requested authorization for time payments for the charge in lieu of assessment for his water meter connection for his property on Kent Kangley. Wickstrom further explained that the City constructed this water main at the time we constructed L.I. D. 289 but was not part of the LID itself. We transferred the existing Kent Springs Transmission Main customers in the area to the new main and established a charge in lieu of assessment for any new connections to the main. Mr. Ackerson's property was not connected to the City' s water at that time. The Committee unanimously recommended approval for the time payment. Local Hazardous Waste Management Plan Wickstrom stated this item was included as information for the Committee. A copy of a brochure developed by Metro explaining the pending implementation of the Local Hazardous Waste Management Plan Public Works Committee February 5, 1991 Page 5 was distributed to the Committee. It is proposed to include this information in the City' s utility billing. The Local Hazardous Waste Management Plan which the City has adopted indicated that there would be a rate increase associated with implementation of the Hazardous Waste Program. The program will be implemented by the Seattle/King County Public Health Department who will be adopting a rate ordinance. The City' s solid waste haulers will have to either absorb the rate or pass it on to their customers. If they choose to pass it on to the customers, they will have to come before City Council to approve the rates. Water and Sewer Service to Property Outside City Limits Leona stated that the Planning Committee had discussed the possibility of developing an ordinance that would limit the amount of water and sewer service provided to property outside the City limits. She asked if this item should be brought through the Public Works Committee, through Planning Committee or perhaps simultaneously through both. White distributed copies of a proposed resolution he was planning to present to Council on this subject. Wickstrom stated he would be concerned this action could possibly jeopardize the review and approval of the City' s Comprehensive Water System Plan by King County. White indicated his proposed action is to declare a moratorium on the City' s extension of any more sewer and water services to property located outside of its incorporated limits. He indicated it was his intent that this moratorium would continue until the urban growth areas are designated by the County. White stated that by extending service outside the City we are compounding and contributing to the problem of growth outside our boundaries which impacts the City and over which we have no control . Leona added that under the growth management act the County has to approve the urban growth boundaries. Wickstrom stated that the County actually establishes the urban growth boundaries. Brubaker added that when a City extends utility services outside their City limits, the courts have ruled that they do so in the role of a business proprietor. We owe no special obligation to provide utility service to property owners outside the city limits so we can choose to provide the service or not. White indicated he would be asking that the Council direct this proposed resolution for review by the Planning Committee. Canyon Drive White asked about the status of the Canyon Drive project. Gill stated that we are in condemnation on the last six parcels and in the process of setting the court dates. If we can get the right of entry from the home owners then we can bid the project this spring.