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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/18/1975 lam? Kent, Washington February 18, , 197.5 Regular meeting of the Kent City Council was called to order at 8: 00 P.M. Present: Mayor Hogan, Councilpersons Baffaro, Johnson, Just, Kitto, Masters, McCaughan and St,orment, City Administrator Street, City Attorney Mirk, Planning Director Harris , Public Works Director Ulett. Finance Director Winkle was absent. Also present: F1re Chief Foster, Parks Director Wilson,. City Treasurer Drotz, Planning Commissioners Long, Cole and Hamilton, Hill, Ingman & Chase representative Ramsey. Approximately 45 people were in attendance - VISITORS Mayor Hogan introduced Scout Troop 474 and their leaders, Mr� Bob Fairbanks and .Mr. Perry , MINUTES KITTO MOVED that the minutes of the meeting held February 3 , 1975 be approved as printed, St.orment seconded . Motion carried APPEAL McDonald Industries . It was noted that the III Planning n Commission had held a public hearing on January 28, 1975 to consider the applica- CORRECTED • REFER T4 tion of McDonald :Industries for a conditional MINtn,ES �� use permit to allow an equipment rental company 1�1 -3 3 `` 5s in an M-1 Industrial Park Zone . The Commission denied the request and the applicant has, there- fore, appealed this decision to t'Le City Counicil . public hearing was opened b Mayor Hogan. The pub i g P Y Planning Director Harris describedthe property in question, located on the East side of the West Valley Highway, south of South 196th, consisting of approximately „5 acres and zoned — M- 1, Industrial Park . He noted that a lengthy public hearing was held before the .Planning Commission and that the Commission was of the opinion that this type of operation was better suited to M-2 or M-3 zoning. Mr. Bill McInerney, attorney representing the applicant, introduced his associate, Douglas Hartwich, the applicant, Kirby McDonald, and the architect, Tom Sconzo. McInerney explained that this was a retail equipment sales and service company, that it was not primarily a rent.at company. He pointed out that. the applica- tion was denied by the Planning Commission by a t ive t.o throe vote,, noting that. �ie could not i-.ha t this could be considered "heavy industry" which requires M-3 zoning. He opined that this type of business best fitted into the M-1 classification as a conditional use, and noted that the lot on the property which contained the stream had been dropped from the application so that an environmental impact statement would not be required . He pointed out that the Zoning Code lists no _ sales areas in the M-3 classification. He showed the plans for the area as an office,, shop facility, and a sales display yard in with r.irk tic7, uid a sight t i .rig 8 I l , h i gh L(,�nc t- around the d i splay yard area. McInerney referred to the "Zoning Cade, page 48, Sec. 3 .17 , 3, paragraph 3 , ' entitled "Conditional Uses for M-1" and quoted a portion of paragraph 3 : "Commercial office, retail and service type uses which are intended primarily to serve the needs of the M-1 district, are compatible with the permitted types of industrial. uses, or will not. inter- 1J • February 18, 1975 I sere with the orderly development of the APPEAL industrial area- " Mr . Mclnarney stressed the word "or" and concluded that, the proposed operatir.:n would meet all of r.he criteria listed in this paragraph. He stared thAt if the pro- posed operation met any one of these three stipulations that. the Council had the power to grant the condi.ti.onal use . He pointed out that the other businesses in the area were, all in favor of this proposed business and trrat, in fact, there had been no objections. Upon ques- tions from the Council, it was determined that.-part of the business is called Crane Rentals, which handles the rentals ( consisting of about 20% of the business ), and that McDonald Industries also has a location in Tacoma, on Marshall Avenue, and one in South Seattle . Mr. McDonald determined for the Council that the business started in 1971 as a rental business, but is now 80% sales and only 20% rental, figured on the gross dollar volume He noted that the firm purchased the equipment and used it in the rental fleet while waiting to sell it, and pointed out that most of the equipment was less than two years old , and that 40% of the crane usage was for other than construction activities . Upon further questions, McDonald explained that concrete pumps were used primarily to get the concrete from the ready-mix truck to the desired location, such as to the forms for a house foundation . He pointed out that concrete pumps or cranes were rented by the,.hour, day,. week or month, and that they currently had eight concrete pumps and six. cranes which were in and out of the st.race yard every day, The equipment was sold new car sold used after having been used in the rental fleet., He stated that the business was certainly service related activity to an M-1 zone, inasmuch as they did work .for Boeing, Western Electric, Pacific Northwest Bell, and Bekins , iAn architect ' s sketch of the proposed facility was presented by McDonald, showing a display and storage yard at the rear of the area, which would be about 420 feet baC'k from the West Valley Highway . The equipment would be stored in this area in a knocked-down state , He pointed out that all of the equipment met the State requirements for use of the public highways, and that the cranes were transported on licensed trucks and the concrete pumps operated on State permits , Further questions were posed and it was determined that the storage yard would have asphalt covering with a protective coating over it . It was determined that the equipment was kept in good condition to promote sales and that steam cleaning would be done on the premises. Masters and Johnson expressed concern as to what provision had been made regarding the 4 drainage problems which might result from this . McDonald st,lted r.hat they had not as yet anal yzod the dra t nak.j � prob.lcm, but that they would work within the restraints set 19G February 18, 1975 . forth by the City , iHe -poi.nted out that soil APPEAL tests would be made when it was determined if this site would be used, but that it was thought that additional f.i11 would not be necessary. Upon St'orment. ' s question, McDonald stated than l,I)t. 4 had beE-gin c l im inat.ed from the pro- posed project because there was a small drainage culvert on the back of the lot, which would make an environmental impact statemerit neces- sarym He determined for Johnson that this was across the corner of lot 4. McDonald noted that access and egress would be accomp- lished to South 196th through an easement across lot 4, so that both the West Valley Highway and South 196th could be used . It was noted by McDonald that the shop build- ing would be between 12 and 14,000 square feet and the office between 4 and 5 ,000 square feet. McInerney noted that there would be no more than 8 to 10 pieces of equipment in the storage yard at any time and that these would be stacked on the ground . The fence was planned at 8 ' high but this height could be changed, if desired . It was to be made of wood on the outside, with steel on the inside . The noise level was esti- mated to be between 90 and 110 decibels and would conform with Federal regulations covering noise control . McDonald stated that the firm now employed 60 people, 30 to 35 full time on the site, and the remaining; operating equipment n the .field . He anticipated that the number of employees would soon reach 70 . Upon Just ' s question, it was determ ned'�t.hat all of the retail sales would be handled from the Kent office, and that about 50% of the sales were for outside of the State, and the rentals were 20% outside Washington and 80% inside . It. was determined that Kent ' s share in the sales tax would be considerable . Upon Kitto 's question, Harris explained that this use would fi.t into the desCripti.on of the uses for M-3 zoning under Contractors ' service yards and shops and construction suppliers , He stated that as a conditional use under M-1 this should .in effect be a service for the M-1 uses and it appears that this is a supplier; and is heavy equip- ment, McCaughan quoted some of the uses allowed in M-1 as conditional uses from page 48 of the Zoning Code as follows: "truck and auto rentals and sales, electric motor repair, fork lift repair and sales . " He commented that it seemed, therefore, that the McDonald Industries business s would fit .into this category. Harris maintained that this type of business required M-3 zoning, that it required a use permit for an M-2 zone and was not allowed at all in an M-1 zone . To permit it, he stated, would be to set aside the Zoning ' Code . Kitto noted that the Zoning Code appears to be quite general as to what is allowed in the M zones . Harris stated that the intent of 197 February 18, 1975 APPEAL Sec. 3 .17 . 3 . Conditional Uses, is not to allow this type of business in an M-1 zone . He pointed out that this business would serve all of the Puget Sound area, and was not providing service to )ust this surrounding M-1 area. Masters stated she could not understand why the surface water problem had not been researched by the applicant before now and noted that another firm had been granted a use by conditional exception and had then failed to live up to the restrictions placed on the exception. She noted that the provisions in the Zoning Code should be enforced . She opined that the Counckl ' s concern should not be primarily with the economic advan- tage of having this business in Kent when there were such facuors as wetlands and wildlife preser- vation to be considered also , She pointed out that much time and effort were expended in formu- lating the Cityis comprehensive plan as well as the Zoning Code and the regulations contained therein should be adhered to . Harris pointed out that the conditions listed in the Zoning Code concerning things permitted in the M-1 was a compromise to begin with. He noted further that the City had 6 .83 square miles zoned for all categories of manufacturing, of which 4.98 square miles is zoned M-i , 2 and 3, broken down as follows : 0 -90 square miles in M-1 ; 2 . 22 square miles in M-2, and .86 square miles in M-3 . He noted that there was plenty of vacant land available zoned M-2 and M-3 . He determined for Johnson that some of the land was filled and some of it was being farmed . Dominic Carp ine stated that he owns apartments on the West Valley Highway just north of the proposed McDonald site and he had no objection to the business . Upon Just ' s question he noted that he had filled his property, and had had some problems three years ago with water run-off from Standard Equipment, which was alleviated when the City installed a ditch. A letter was read from Warn Industries suggest- ing that the McDonald application for the condi- tional use permit be approved by the Council . JUST MOVED to file the letter for the record, Storment seconded, motion carried . On Baffaro 's question, Mr. McDonald stated that they had been looking for a site in the Kent area for 18 months and had considered several other sites before decidLng on this one . He noted that they did not consider their business heavy industry, and had rejected proposed sites on portions of the East Valley Highway because there were only two lanes for traffic . He noted also that they wanted to be located in a place with easy accessibility to- the freeways, and in a place with suitable ingress and egress . He noted several locations which had been considered . 1916 February 18, 1975 APPEAL With regard to the drainage problem, McDonald stated that he did not think that steam clean- ing 8 to 10 pieces of equipment per day would I more water than washing twenty cars . He pointed out that they had not explored the drainage question because they thought they should first ascertain that this site could be used for the business . He pointed out that the firm was willing to live with any restric- tions that the City would require including drainage of water, screening of equipment and any other restrictions which the City deemed necessary. Masters asked about filtering the water used for steam clean!ng, and McDonald noted that this was now being done at the Seattle location and was required by Seattle ordinance - McCaughan asked Harris what condi- tions he had considered if this use was granted for this property , Harris stated that the general categories would be the water drainage, screening and ingress and egress from the West Valley Highway, He pointed out that the Zoning Code would cover the general things such as landscaping, off-street parking and asphalting . He noted that a flood plaN permit would have to be secured from the King County Hydraulics Division, and stated that the screening would be very important, and therefore the woven slats for the fence might not be satisfactory, as you can see through this type of fence .. There were no further comm&lts and STORMENT MOVED to close the public hearing, Just seconded, motion carried JUST MOVED that the Conditional Use Permit be allowed provided that the southerly portion of Lot 4 be eliminated, McCaughan seconded , Kitto stated that he was in favor of granting the pormit on the grounds that this use was compatible with Section 3 ,17 , 3 , paragraph 3, of the Zoning Code , Just concurred, and the motion, carried upon a roll call vote, with Just, KiXto, McCaughan and Storment voting Aye and Baffaro/ 'Johnson and Masters voting Nay. ZONING 1rake-Riplj±_±nnexation. It was noted that the preliminary hearing on the zoning of the Drake- Ripley Addition was held on January 6, 1975 and that the se cond, hearing on the zoning is scheduled for this meeting. It was further determined that the Planning Commission has recommended R-1-9 .6 zoning . The Mayor opened the public hearing . Mr . Drake spoke from the audience, noting that he had no objection to the proposed R-1-9 .6 zohLng .so far as single lots are concerned but that he felt it was wrong to have a limiting density on an area that was suitable, in part, for a Planned Unit Development . He noted that he understood ,that the zoning ordinance did not provide for the possibility of a P.U.D . , but thought that it should . There were no further comments from the audience and no correspondence . February 18, 1975 II ZONING STORMENT MOVED that the hearing be closed, McCaughan seconded , motion carried . MccAUGHU MOVED that the Attorney be directed to prepare one this annexation R-1-9 . 6 an ordinance to z of in accordance wit e ec h the`: rommendations - -t seconded . Motionthe Planning COmmlssio" carrved , HEALTH & Wilton hdAltjop Sewer LID 278m The City SANITATION Attorney introduced 7 (Jeclaring the City " s Lntent to form an3 LID for the construction and installation of 8- inch sanitary sewers in the Wigton Addition and ror a public hearing on the proposal to be held on March 17, 1975 . jOHNSON MOVED for the adoption of Resolution No, 783, McCaughan seconded . Moti.on carried . In accordance with STREETS East Gowe_Str&et_Projjct - the recommendations of the Public Works Depart- ment, McCAUGHAN MOVED for the approval of Change Order 43 in the amount of approximately $80 as requested by the contractor, City Trans- fer, as follows: 1 ) Remove and install catch basins - add $381 .60 2 ) Lower Water Main - add $536 .83 3 ) Relocate Power Vault - add $439 . 32 4) Handrail Material Change - reduce $2 . 75 per foot - $1, 287 . 75 (estimated ) Johnson seconded - It was noted that the dollar amount may vary slightly depending on the final linear quantity of handrail installed . Motion carried . WATER it was noted that a request from Ben Holing for City water service to a vacant three ( 3 ) acre parcel of land on the east side of 116th Avenue South was reviewed at the Council workshop. in accordance with Resolution No. 769 adopted in August, 1974, service would not be allowed unless it is determined that the Ciny had made a commitment to serve the property prior to August, 1974. It was also determined that if Mr . Holing can furnish proof of such commitment service should be granted . STORMENT MOVED than the policy be upheld and the request be denied . Motion failed for lack of a second . JOHNSON MOVED vthat the request be granted upon the furnishing of proof that the City had made a commitment to furnish watir service prior to August, 1974, McCaughan seconded . Johnson opined that the workshop discussion left some question as to the commitment . McCaughan asked Ulett if he had reviewed other areas where the City may have made some commitments . Ulett noted that we were committed to serve Park Orchard, but that the Derbyshire area would not be allowed any more connections because there is not an adequate supply . February 184? 1975 • With regard to the transmission line, he pointed WATER ranted as a coiidi- out that unless water had been g onnections to the line tion of an easement that c would not be allowed . He stated that there may be a few easements of record for which commitments had been made . He noted that the water lines on 112th and on 116th were financed by the City with- out an LIDQ and 94th Avenued oat Souththat doesthe'notsmall 211 have the ` ranning on capacity for additional connections . Uletprocedure edthat regarding lsewer ni a a proceduredure had been tab would come before the Council . Mirk asked who was to determi ne the proof of prior commitment. Ulett noted that some reference had been made to a letter to Mr. Button, written as a result of a conversation between Mr. Button and Don Wick.strom, which only pertained to one parcel of land . Street stated that this had nothing to do with the Holing request, and it was pointed out that the Council must determine if a. commitment was made prior to the August, 1974 passage of Resolution No. 769 . The Resolution defines the conditions under which services will e. furnished outside the City limits . Storment b opined that Johnson ' s proposed motion reverses the policy the City set forth in Resolution 769 . McCaughan noted that before passage of the Resolution the City had a policy to grant certain requests for water service, and we should honor any commitments we have . Just asked McCaughan if he was suggesting that verbal proof of a commitment was valid , and McCaughan answered that it Should be sufficient. Johnson expressed concern over where these people would get water for this tract, inasmuch as it was questionable as to whether they would be allowed to drill a well . JUST MOVED to amend the motion to add the phrase and will McCaughan ll not fight annexation at the time this . area decides to come into the City, " g seconded the proposed amendment . On a roll call carried,vote„ the amendment ca o with Baffaro, Kitto and Storment voting nay. On a roll call vote, the original motion carried, with Storment, Baffaro and Just voting nay, ' PARKS & King County Joint Recreation Program Contract . RECREATION It was noted that a contract has been received tinued joint recreation from King County for con programs in the Kent Community. JUST MOVED that the Mayor and City Clerk be 'authorized to sign the contract with King County wherein the County will pay $20,000 to the City of -- Kent in 1975 , and Kent will provide recreational programs for rural areas of the Kent School District, Storment seconded . Upon Johnson ° s question, Wilson noted it was the same contract ust as we have had for the past two years . stated that the County was not paying enough money for the joint recreation programs and that he would not support a similar contract I I )U � February 18, 1975 i next year ., He noted that the Finance Committee PARKS & dterm:i.ned that the Parks & Recreation has e RECREP,TION programs must become self-supporting in the : , future or they will have to be cut out . In response to Baffaro ° s question, Jlilson noted that the County has supplied a CEDA employee for the Senior Center but has not provided any program supervisors. Just noted that he was in favor of the County sponsoring. new programs 75%. On Storment ° s question; Wilson noted further that a cost accounting would be given in August of 1975 in hope that this - would influence the County ° s 1976 budget and that the agreement stipulated the City would have second priority on all King County facilities in this area. wilson reported that the County was having budget problems, and if they closed the Forward Thrust pool in Kent, the Parks Department would attempt to open .it for a certain number of hours . Motion carried . PARKS & Com rehens.ive Plan. Masters noted that Harris PLANNING had reported that the City was receiving good COMMITTEE citizen participation in the review of the Comprehensive Plan. BOARD OF A letter was read from Jack Roberson, President ADJUSTMENT of Allstate Properties$ regarding the status of h i s Company in relation to the multiple Listing Association and noting that Allstate Properties was not a member of the Association. MASTERS MOVED that the letter be accepted and made a part of the record for clarification, Storment seconded . Motion harried . KENT ARTS A letter was read from David M. Hewitt, Chairman COMMISSION of the Kent Arts Commission, announcing his wish to be relieved as Chairman of the Kent Arts Commission because of other obligations and noting that he would like to remain a member of the Commission . MASTERS MOVED that .the letter be accepted with regret, Storment seconded . Mayor Hogan noted that the Arts Commission was never established by resolution, but that in February, 1970, a motion was passed to approve her appoint- ments to the Commission. In May of 19700 the Civic Improvement Fund was established by ordinance. The Mayor pointed out that there was no limit on the number of members 'to serve on the Commission fo and she would like to have suggestions pros- pective appointees at the next Council meeting. She noted that the Commission would meet to select a new Chairman, Motion carried . FIRE Purchase of Automobile , The Fire Department DEPARTMENT has requested permission to purchase one Inter- mediate Police, Dodge Coronet, Model WK418 through the State contract in the amount of $4, 584� 65 . It was determined that this would result in a saving of $477 ,82 over the latest police car bid and the 1.975 budget allows $5 , 300 fur such purchase . BAFFARO MOVED that the Fire Department be authorized to purchase the above described car, Johnson seconded . Motion carried February 18, 075 ANIMAL d co Councilperson Masters was COvTROL A letter addresse read from Mrs. Eugene Turrella regarding dogs running at large, and requ,esting that the City of Kent institute a Kent Suburban and Kent City Dog Leash Law, jUS,r MOVED to accept the letter and refer it to the Public Safety Committee, Storment seconded . Motion carried . It was determined that King County ' s Leash Law would not be effective inside the Kent City limits . Baffaro determined that the Turrella. address, 1719 South 254th Place, Kent, was not inside the City limits and that that area was governed by the County leash laws . CLAIMS It was noted that two claims have been filed by Water Disrrict 458, One In the amount of $99 ,98 for broken water swrvicev and the-` other for a broken water main in the amount of $103 . 21 . it was noted that both ot these claims came as a result of the installation of a sanitary sewer . MASTERS MOVED that the claims of Water District 458 be referred to the City 's insurance carrier, Storment seconded . Motion carried . GAMBLING TAX It was noted that a report was given at the last work cession on the amounts received in taxes on gambling. The report had erroneously reported that the colonial Tavern had not paid their tax. It was determined that the Finance Director is charged with administration of the gambling ordinance . BUDGET Police &- Fire New-rat- titions . Street noted that Eiarbti: r�ion has been completed on the Fire q/ Department contract, with a resulting 11 . 2m salary adjustment. He noted also that a greater spread was allowed between the salary of a kirefighter I and a lieutenant and also between lieutenants and captains . He further noted that the Fire Department has become an agency shop which meant that everyone must be a member of the union , In response to Storment ' s question as to the constitutionality W such an arrangement, Street noted that tQ6 matter has been through the State courts and it is legal , Street also indicated that since both Police and Fire arbitration has now been com- pleted, it is expected that the budget can now be finalized without any reduction in personnel . He,''further added that the raise amounLed Lo about 3/10 of 1% over what , the City had been offering, .1 1, FINANCE Assesyment_ Segrygi ly 'ons . A letter was read fr om Sa_fec�7fLt:l(.. Tiisurance Company, request- ing segregation of certain assasmments in ULID 01 , LID 253 , LID 267, and LID 272 . JUST MOVED LhaL the letter be accipted and referred to the Finance Committee, Master.s seconded . Motion carried . 20-0) February 180 1975 FINANCE LID 276 . A letter was read from the C.i.Ly Tre'asurer not ing that the a:,,iouj--Lt of unpai-d assessments for LID 270 is, $36 883 .00 , Upon S t r e.1ea t. S S U j Cj Ey I(.)1.1 , MAS"113R.S MOVED t h c-,,.t the 1c-!t. 4er bc:� acc.,::;Pt_ed and forwarded to tl<< Finance D).re(..,tor for the pi..-irpose of negotiating the sale of a bond issue to cover 'the unpaid amount, McCaughan seconded . Motl'on ca.-Cried . LI'D 253 . The C-ity Attorney introduced Resolu ic -i No , 782 directing the City Treasurer to make segregation of certain assessments levied under LID 253 at -the request of Elazar Behar, McCAUGHAN MOVED for the adoption of Resolution No,,, 782, Storment seconded . Motion car r .t ed ,, McCAUGHAN MOVED to pay the bills received on or before FEabruary 20, 1.975 after approval by the Firiance Committee at its meet-ing to be held at 8 a fn , , February 28, 1975 , Storment seconded . Motion carried . Claims approved by the Finance Committee on February 14,, 1975 are as follows : Current Expense $ 34, 194.59 Parks & Recreation 17.7 504. 79 Library 1, 192 .52 City Streets 90385 . 65 Federal Shared Revenue 24,826 . 16 EV'H - WLI.lts to Green River 9#040 . 38 Gowe Street East 28,981 .03 Re-,th Road Militar!/ 2 .00 Linda Heights Sewer Improvement 111 . 20 Garrison Creek Sewer Construction 10 .50 1.00th Ave ,. Sewer Interceptor 19,7837 . 68 Equipment Rental 7 17 .1.04. 72 Fi.remans Rel & Pension 269 .65 Leff Disability 20677 .55 Sewer . 19549 . 75 Water 264070 - 64 $1.82, 758 .81. MEETING ADJOURNED: 10: 00 P.M. submitted, K i k] ii C m("I