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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/20/1979 Kent, Washington February 20, 1979 Regular meeting of the Kent City Council was called to order at 8j00 o 'clock p.m. Present: Playor Hogan, Councilpersons Carey, B. Johnson, J. Johnson, Just, Kitto, Masters and McCaughan , City Administrator Cushing, City Attorney Mirk, Planning Director Harris, Public Works Director Ulett and Finance Director Winkle. Also present: . Parks Director Wilson, City Engineer Wickstrom, . Planning Commissioners Hamilton and Barbara Bell, and URS representatives Ramsey and Abed. Approximately 50 people were in attendance at ' the meeting. MINUTE$ KITTO MOVED that the minutes of the regular meeting of February 5, 1979 be approved as printed, McCaughan seconded. Motion carried. SISTER CITY Mr. Glen Tomai presented the annual budget for Kent-Kaibara Town Affiliation. He introduced the young lady from Kaibara now attending Kent Meridian High School. APPEAL Tri-State Construction Conditional Use Permit. Tri-State Construction has filed an appeal re- gardinq the Planning Commission' s action of January 23, 1979 , to revoke their Conditional Use Permit for a storage yard on S. 192nd. The permit was issued in September 1977. The Mayor opened the public hearing. Ron Augustino of Tri-State Stated that the only thing holding them up was the sewer connection. Harris noted that there had been a lack of communication with Tri-State a4d that what was required was compli- ance with the provisions of the permit. He noted that the paving has now been completed and that he is satisfied with their progress . It was determined that the Planning Department would do the follow-up work required. Upon B. ;Johnson ' s question, Harris noted that it would be necessary to continue the landscaping bond. He also noted that the conditional use permits are reviewed annually or every six months. B. JOHNSON MOVED that the hearing be closed, Carey seconded. Motion carried. MASTERS MOVED to approve the Conditional Use Permit, Carey seconded. Motion carried. - l .- February 20 , 1979 APPEAL One Million Gallon Standpipe -, West Hill. The City of ent Department of Public Works applied for a Conditional Use Permit to allow 'construc- tion of a one million gallon water standpipe on the southeast corner, of S. 244th and 36th Avenue S. (Military Road) . The' Planning Commission at its public .hearing on the matter on January 23, 1979 , denied the permit and the Department of Public Works has filed an appeal to the City Council. The matter has been scheduled for a hearing for this meeting. Ulett read a state- ment containing background information on the subject noting the URS Comprehensive Water Report of 1972, the Referendum 27 loan in 1974 to finance several water projects ,. the 1974 contract with URS to design the projects and the Water Revenue Bonds for 1976 and for 1978 , all of which refer to the water reservoir for the West Hill. Ulett's written comments have been made a part of the record. The public hearing was opened by Mayor Hogan and Berne Biteman and Walt Nixon presented pictures showing how the proposed tower would _ obscure the view. They contended that the tank should be placed underground and opined .that this type of tank would cost no more than the 85 ' standpipe proposed. They also opined that if Kent built this tower, that the City of Seattle would not consider putting their facility under- ground when design work starts for Seattle ' s facility in this same area. Mixon read a letter from Murray Casler, real estate broker, stating that the value of Nixon' s property would decrease by 7 to 10% if the tower was built across the street from his residence. The letter was made a part of the record on Carey' s motion, seconded by B. Johnson, and carried. Biteman stated that the decline of property values was the main concern of the residents and noted that the preamble to the petition containing 241 signatures so stated, but that the Environmental Impact Statement did not address this subject. Ruth Martin noted that not many people had mentioned the loss of the view at the Planning Commission hearing because so many people wanted to speak. Patricia 2 - February 20, 1979 APPEAL Down noted that the tank could be placed under- ground and the above-ground pumps could be' housed in a structure no higher than a resi- dence. Ulett noted that the tower would serve (One Million the West Hill area and that the underground tank Gallon Stand- at Garrison Creek served the valley area with flow. He pointed out that alternate Piped a gravity locations and types of systems have been considered and that all were found to be more costly and less efficient. He noted that undergrounding such a tank would cost more than the water bond issue would allow. Finance Director Winkle noted that the city had committed to certain water projects when the Water Revenue Bonds were issued, includ- ing a dollar amount for the acquisition of a site for the West Hill facility. He noted that a site costing more than specified in the Bond Ordinance would violate the integrity of the city and fur- ther that the city had made a basic commitment that issuance..of the -bands;._�would make an increase :in water rates unnecessary r ail approximately the Enid: 80s. ft was determined by Harr:,s,;t4at the site was l:atge= enough to aceomodate,_;the tank with the re- quired. :setbaok,s.., After; ;all,. who wished to speak were afforded that- oppprtupity, J. JOHNSON MOVED : to:: close,;the,-hearing:;: Carey . eeconded. Motion carried,., B:. ,:JOUNSON,-MOVZPa t4 ,uphold the Planning Commissicgn, tq< delay ,the;,permit , Masters seconded. K tto,, J.: J4.hnson,:and JuSt,, pDposed the motion rloting: .that the- matter-had, --bojen fully considered, that water fo ;..the-;,West ,hill; was needed and was the .,Prime c4noesn Master'€ stated that she felt 'theaJ,texn,atites had not been fully evaluated. Motion F.PvXLED ;with.: opIy-;$; 1 Johnson and Masters supporting it;._ .4,P,_,tp approve the issu- ance of the permit, McCaugb,au, seconded. Motion carried with,,,Kaste s. .a# .;�Jphnson dissenting. APPEAL Ee11--Aazder9 .;:R ;alt ,. ��c, ,filed an application for a Conditional Use Permit to allow construction of a_A O4 unfit , apartment ;gpmplex in a CC zone t - ,The Planning p nis ion ne r ,a pu dic hearing on the matter,-on January, 2.3,,.. 19779 ,and denied the permit. 3 - February 20 , 1979 APPEAL An appeal was filed and the Council ' s hearing of the appeal has been scheduled for this meet- ing. Harris described the site as 2 . 1 acres (Bell- located at 10460 and 10602 S.E . 256th, noting Anderson that access to the proposed complex would be Realty, Inc_ ) from 256th by way of a 30 ' easement between the two above addresses . He commented on the traffic congestion which already exists on S .E. 256th in this vicinity, and noted that there was also a sewer problem in the area. These two items were the basis of the Planning Commis- sions denial of the application for the permit. Mayor Hogan opened the public hearing. Gerry Anderson noted that Bell-Anderson was prepared to provide additional access to the site through an easement to 104th S .E. He noted that 104th was an improved street with four lanes , and a fifth turning lane, and that this would provide the primary access . Wickstrom noted that the existing sewer system was not adequate to accom- odate this development. He pointed out that the problem would have to be eliminated before a building permit could be issued. It was deter- mined that the inadequate sewer system would be a factor for either commercial or apartment development. Upon Kitto ' s question, Wickstrom determined that in an area to the north , the building permit was denied until the developer rebuilt and enlarged the sewer lines , and that this could also be done in this instance. B. JOHNSON MOVED to close the hearing, Carey seconded. Motion carried. MASTERS MOVED to uphold the Planning Commission' s decision to deny the permit. B. Johnson seconded. Masters noted that the sewer and drainage problem along with the traffic con- gestion in the area would all have to be resolved. McCaughan expressed concern over the traffic pro- blem and Carey noted that the permit could be issued and the sewer problem resolved before the building permit is issued. Motion carried with Just, Carey and Kitto voting against it. APPEAL Alta Bonita Conditional Use Permit. Manual Sanga- lang and Rupert Arguelles have filed an appeal re- garding the Planning Commission ' s action of January 23, 1979 , in denying a Conditional Use Permit for - 4 - February 20 , 1979 APPEAL a 45-unit apartment complex in a CC zone. The property is 2 . 49 acres located east of 102,nd Avenue S.E. and 375 ' north of S.E. 239th. At (Alta Bonita) its February 5 , 1979 meeting, the City Council set a public hearing for tonight to consider this appeal. Mayor Hogan opened the public hearing. Sangalang and Arguelles noted that next summer 104th Avenue S.E. will be a 5-lane road. Wickstrom clarified that 104th would be widened up to S.E. 235th with a left turn pocket. The applicants noted that they could complete 102nd Avenue to S .E. 239th and then access and ingress could also be made through S.E. 239th to 104th Avenue. Mirk noted that 239th meets 104th next to the 7-11 store. Harris explained that the Planning Commission denied the permit because of the traffic con- gestion. He pointed out that it is proposed that ingress and egress be from S.E. 236th to 104th, noting that although 236th is a half street, that Mr. Sangalang owns the property to the north and therefore controls both sides of the street. Harris noted for Masters that surface water drains into Garrison Creek, and that if more development takes place in this area it puts a strain on Garrison Creek. He noted that the storm drainage ordinance should assist in con- trolling drainage. Upon Masters ' question, Mr. Arguelles stated that development would start during the summer and be finished next spring. Wickstrom noted for Mayor Hogan that the sewer service is adequate. McCaughan stated that when some property was rezoned last year in this area, the people below had some complaint about storm water run off. Wickstrom stated that the appli- cant would have to develop a storm water plan before a building permit would be issued. McCAUGHAN MOVED that the hearing be closed, Carey seconded. Motion carried. McCAUGHAN MOVED that the action of the Planning Commission in denying the permit be upheld, Kitto seconded. Motion carried, with B. Johnson voting no. _ 5 _ February 20 , 1979 REZONE Canamera Associates. On .January 23 , 1979 , the Planning Commission held a public hearing on an application filed by Canamera Associates for a rezone from GC, General Commerical to MR-H, High Density Multi-Family Residential Zoning. The subject property contains 1. 35 acres , and is occupied by a single family dwelling addressed 23850 - 30th Avenue S. and the Planning Commission recommends the rezone be approved. Mayor Hogan opened the public hearing. There were no comments from the audience and no correspondence has been received. Don Wickstrom noted for Masters that storm drainage would go easterly to the back of the property, and that there is no storm drain system in the area. CAREY MOVED that the hear- ing be closed, Just seconded. Motion carried. CAREY MOVED that this application for a change of zone be approved and for the City Attorney to draft the proper ordinance, McCaughan seconded. Motion carried. Victor A. Meyers. On January 23 , 1979 , the Planning Commission held a public hearing on an application filed by Victor A. Meyers for a rezone from RA, Residential Agricultural , to N[R-M, Medium Density Multi-Family Residential Zoning. The subject property contains 1.7 acres , and is located at 5621 Kent-Des Moines ;toad. The Planning Commission recommends that this rezone application be denied based on the traffic problem that exists on West Meeker Street. The Mayor opened the public hearing. Dick Chapin , attorney representing Mr. Meyers, noted that the sole reason for denial was traffic and he read a letter from the DOT stating that funds are now available for the SR516 project. The Mayor noted that although the funds are allocated, there were other problems which might delay the project. JUST MOVED that the letter be made a part of the record, Carey seconded. Motion carried. Chapin asked that the property be rezoned with a condition that no building permits be issued until the SR516 project is underway and subject to two staff recommendations for additional right of way and controls on ingress and egress. 6 - February 20 , 1979 REZONE Upon Carey' s question, Mirk noted that the Okimoto rezone had not been subject to SR5t16 completion. Masters noted that she feels this should be approved subject to the traffic problem being resolved and that app oval, wo be consistent with the Okimoto . o . 4,;� (Victor A. were no further comments and B. JOHNSON MOIJO Meyers-) that the hearing be closed, Car �`" Motion carried. McCAUGHAN MOVED that this application for a change of zone be denied in accordance with the Planning Commission recom- mendation, Just seconded. Motion carried with Casey and Masters voting against. A letter was read from Ronald Kjerland regard- ing his application for a rezone from HC, Highway Commercial to GC, General Commercial o: property located at 1015 N. Central Avenue. Mr. Kjerland (Kjerland) asks that his property be separated from the other applicant' s and processed for rezone. The public hearing on this matter was held on September 18 , 1978. JUST MOVED that the letter be accepted and referred to the workshop, B. Johnson seconded. Motion carried. DiPietro. In accordance with action taken at the last Council meeting, the City Attorney introduced Ordinance No. 2142 rezoning the DiPietro property from MA to M-1. KITTO MOVED that Ordinance No. 2142 be adopted, B. Johnson (DiPietro) seconded. Masters questioned who had suggested that DiPietro request M-1 zoning. Kitto with- drew the motion, B. Johnson withdrew the second. Harris stated that they left it up to ivir. DiPietro , but was not sure why he had requested this parti- cular zoning. He confirmed that the subject had been discussed with the applicant several times , including the fact that M-1 zoning would result in problems . Upon Carey' s question regarding DPietro ' s business license, Cushing noted that he had been contacted and advised that such a license was required. McCaughan noted that under M-1 zoning, DiPietro could not expand his existing operation, but he could sell the pro- perty to be used for anything permitted under - 7 - February 20 , 1979 REZONE M-1 zoning. JUST MOVED that Ordinance No. 2142 be adopted, Carey seconded. Motion failed with McCaughan , J. Johnson, Kitto, (DiP}etro) B. Johnson and Masters voting no. Upon Mirk' s question , B. Johnson stated that she had concluded that this rezone to m-1 would CORRECTED • REFER TO MINUTES OF .,.�:.�� not help the applicant to accomplish what he had set out to do , and she had therefore changed her position and had now voted against passage of the ordinance. ZONING Ryan No. 2 Annexation. The Planning Commission held a public hearing on January 23, 1979 to consider zoning for this proposed annexation and recommends R1-9 . 6 zoning (Single Family Residential with minimum lot sizes of 9600 sq. ft. ) for this 5-acre tract located on the west side of 94..h Avenue S. about 300 ' north of James Street. The first of two public hearings was opened by Mayor Hogan. Dave Hamlin , representing the developer , noted that a plat was planned for the site and that the developer was seeking R-1 7. 2 zoning, which would allow 7200 sq. ft. lots . He showed slides of the area, including .xn adja- cent plat which had been developed under R-1 7. 2 zoning. Upon questions from Paul Lorenz and Larry Clements , Hamlin noted that access to the site would be from James Street and that a sewer line existed on Hilltop Avenue. Clements stated that there was a drainage pro- blem in -the area and suggested that access should be from 94th Avenue. Hamlin noted that the developer' s engineer would meet the city' s requirements regarding drainage. He pointed out that most of the lots proposed for the development would be 8900 sq. ft. The hearing was closed by motion. In accordance with the provisions of the zoning code. B. JOHNSON MOVED for a second public hearing on the zoning for this proposed annexation to be held on April 2 , 1979 . Just seconded. Motion carried. 8 - February 20, 1979 WATER East Hill Well Budget. The Public Works Depart- ment requests (1) authorization to establish a construction fund for the proposed East Hill well, and (2) the transfer of $10 ,000 from water revenue unexpended balance to the construction fund. The budget is for testing of existing wells , preliminary land acquisition costs and outside engineering services. CAREY MOVED that the request be granted, McCaughan seconded. Motion carried. UTILITIES A letter was read from George and Chun Mae Auckland, reporting an underground leak at their business located at 8211 S. 259th and asking for some relief from the large sewer and water bill resulting from the leak. MASTERS MOVED that the letter be accepted and referred to the com- mittee of the whole, B. Johnson seconded. Motion carried. HEALTH & LID 293 - 84th Avenue Utility Improvements. The SANITATION City Attorney introduced Resolution 861 , a resol- ution of intent to create an LID for water and sewer improvements on 84th Avenue S. from S. 212th Street to S. 192nd Street and setting a public hearing on the preliminary assessment roll for March 19 , 1979 . McCAUGHAN MOVED that Resolution No. 861 be adopted, Just seconded. Motion carried. LID 285/West Hill Island Sanitary Sewer Phase I (S. 242nd and 41st Ave . S. ) . The Public Works Committee has reviewed the proposed sanitary sewer LID and the events leading thereto and recommends passage of Resolution No. 859 , a re- solution of intent to form LID 285 and setting the public hearing date on the Preliminary Assessment Roll. for April 2 , 1979 . The City Attorney introduced the resolution. CAREY MOVED to adopt Resolution 859 , Masters seconded. Motion carried. Marguerite Frazier filed a letter objecting to the project. It was pointed out to Mrs. Frazier that the public hearing on the proposed LID would be held on April 2nd. MASTERS MOVED that the letter be made a part of the record, McCaughan seconded. Motion carried. 9 - February 20 , 1979 HEALTH & K-Mart Sewers SANITATION LID 2 Final Assessment Roll . City Attorney 82 Mirk introduced Ordinance No. 2141 adopting the final assessment roll for LID 282 . CAREY MOVED to adopt Ordinance No. 2141, Just seconded. Motion carried. AN Rowley No. 2 . The Council reviewed the pro- posed annexation with representatives of the area at the last work session. KITTO MOVED that the proposed annexation is acceptable, that assumption of the existing indebtedness_ is required, and that authorization is granted for the circulation of an annexation petition, McCaughan seconded. Motion carried. PUBLIC WORKS Kitto rioted that there would be no Public Works COMMITTEE Committee meeting on y^Iednesday, February 21 , and that the next meeting would be on Wednesday, February 28 . TRAFFIC S.E. 240th Between Benson and Post Office. CONTROL Masters noted that the next meeting of the Public Safety Committee would be on March 14th so that Fire Chief Foster could be present. She noted that the committee had discussed prohibiting left turns on S.E. 240th between the Benson Highway and the Post Office and asked that the Council support the committee ' s recommend- ation to have signs and striping placed in this area. Mirk and Ulett objected to these measures for controlling traffic in that particular area. MASTERS MOVED for the matter to go back to the committee of the whole for discussion at the next workshop on February 26 , and for the Traffic Engineer to be present. B. Johnson seconded. Motion carried. PRELIMINARY Westform Addition Preliminary Plat. On January PLAT 23, 1979 , the Planning Commission held a public hearing on the Westform Addition Preliminary Plat a 31-acre, 9-lot industrial subdivision lying north of S. 212th Street, between West Valley Highway and proposed 72nd Avenue S. The Planning Commission recommends approval with conditions. The Council will consider the 10 - February 20 , 1979 PRELIMINARY Planning Commission' s recommendation at a PLAT public meeting. If the Council wishes a change to the Planning Commission ' s recom- mendation, a public hearing must be held. KITTO MOVED that the Council set a public meeting date for March 5 , 1979 , to consider adoption or rejection of the Planning Com- mission ' s recommendation on the Westform Addition Preliminary Plat, B. Johnson seconded. Motion carried. . If a hearing is indicated, it will be held on March 19 , 1979 . STREETS LID 288 - 84th Avenue Street Improvements . The City Attorney introduced Resolution No. 860 , a resolution of intent to create a street improverment LID for 84th Avenue S. from S. 212th Street to S. 192nd Street and setting a public hearing on the preliminary assessment roll for March 1.9 , 1979 . JUST MOVED that Resolution No. 860 be adopted, McCaughan seconded. Motion carried. 1978 Asphalt Overlays, Schedule II . Associated Sand & Gravel Company has completed the 1978 Asphalt Overlays , Schedule II. Upon the re- commendation of the Engineering Department, KITTO MOVED that Associated Sand & Gravel Company contract for the 1978 Asphalt Overlays, Schedule II , be accepted as complete and that after receipt of the necessary releases from the State, the retainage be released, McCaughan seconded. Motion carried. CLAIM James W. and Helen A. Aberle. A claim has been filed against the Ctiy by James W. and Helen A. Aberle in the amount of $1 , 699 . 70 for alleged damage to their basement by flooding. McCAUGHAN MOVED to approve the City Attorney' s recommenda- tion to deny the claim and to refer it to the insurance carrier. Carey seconded. Motion carried. METRO Carey noted that he had received a letter from Metro advising that a meeting on reconstructing CORRECTED • REFER TO the Metro Council would be held Wednesday , Febru- ary 28th at 7 : 30 . If,_,,1UTES 4F .--3-1- 747 - 11 - February 20 , 1979 VALLEY The City Attorney introduced Resolution No. 862 FESTIVAL expressing Citv approval of the Kent Valley' Festival to be sponsored by St. Anthony ' s Catholic Church June 8, 9 , and 10 , 1979 . KITTO MOVED that Resolution No. 862 be adopted, B. Johnson seconded. Motion carried. BIDS Kent Senior Center Alterations. Seven bids were received February 14 , 1979 for the Kent Senior Center renovation project: Coleman/Gilchrist Bldg. Co. $20 , 573. 00 + tax D.M. S. General Contractors 24 ,082 . 00 + tax Downing-Glenham Const. , Inc. 19 , 876. 00 + tax Thomas Haight Contractor 20 ,979 . 00 + tax David E. Harris Const. , Inc. 22 ,660 . 00 + tax C. E. Skinner, Inc. 23 ,602 . 00 + tax T. W. Vance Company 33 ,066 . 00 + tax The architect ' s estimate was $20 ,000 plus tax. Title V of the Older Americans Act will provide $16 , 260 for this project, which includes remodel- ing of the restrooms and front porch area to meet the handicap codes. KITTO MOVED that the best bid of Downing-Glenham in the amount of $19 , 876 . 00 plus tax be accepted, B. Johnson seconded. Motion carried. KENT Kent Commons Phase II , Change Orders No. 4 and COMMONS No. 5. As reported at the last City Council meeting, the Parks Department recommends approval of two change orders for Kent Commons Phase II . Change Order No. 4 : 1) Excavate and fill to provide structural mat under footings where and as directed by the soils engineer. . . . . $5 , 869 . 00 2) Bush hammer bulged foundation walls . . . 447. 81 $6 , 316. 81 Y 12 - February 20 , 1979 KENT Change Order No. 5: 1) Delete Pro Gym carpet from CQMMONS room 170 (gymnastics room) and add wood strip flooring to Room 170 . . . . . . . $7 , 675. 00 KITTO MOVED that Change Order No. 4 in the amount of $6 , 316. 81 and Change Order No. 5 in the amount of $7 , 675. 00 be approved and added to the W. G. Clark contract. B . Johnson asked that an investi- gation be made to see if any of these costs could. be recovered. Upon Just' s question , Wilson noted that there was $27 ,000 in the contingency fund and the $100 , 000 budgeted for alternates . It was determined for Masters that the architect fees would be added to these figures. She asked that future change orders include the fact that the architects fees would be added. Motion carried. FINANCE B. JOHNSON MOVED that the bills received through February 15 , 1979 , and approved by the Finance Committee at its meeting at 3 : 00 P.M. on February 28 , 1979 , be paid, Just seconded. Motion carried. Claims approved by the Finance Committee at its meeting of February 15, 1979 are as follows : Current Expense $ 79 , 745. 21 Parks & Recreation 22 , 673. 70 Library 289 . 85 City Streets 13 ,950 . 55 Kent Commons Oprtg 526 .71 Fed Shared Revenue 1 , 349 . 05 Mil/Kent-D/M Int 77. 96 Knt Comm-Ph II Con 203 , 177. 19 UAB 13-84 Av Sou Con 12 ,923. 92 104 Ave - 236 to 252 2 , 400 . 00 1978 Wtr Rev Const 16 , 868 . 95 K-S Clor Equip 343. 07 Equipment Rental 7 , 311. 62 Housing & Comm Dev 20 , 402 . 66 Arts Commission 789 . 35 Fireman ' s Rel & Pen 33. 45 LEFF Disability 1 , 302 . 15 Sewer 2 , 623. 99 Water 25 , 263. 30 $412 ,052 . 68 MEETING ADJOURNED: 11 : 35 o' clock p.m. Respectfully submitted, C \ �. Marie Jensen, CMC 13 - City Clerk