HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/16/1979 Kent, Washington
April 16, 1979
Regular meeting of the Kent City Council was called to order at
8: 00 o 'clock p.m. Present: Mayor Hogan, Councilpersons Carey,
B. Johnson, J. Johnson, Just, Kitto, Masters and McCaughan, City
Administrator Cushing, City Attorney Mirk, Planning Director
Harris, and Public Works Director Ulett and Finance Director Winkle.
Also present: Parks Director Wilson, Planning Commissioner
Hamilton, URS representatives Ramsey and Abed. Approximately
40 people were in attendance at the meeting.
CONSENT Consent Calendar Items G (Alley Vacation --
CALENDAR Block 5, Clark' s Second Addition) , T (Ordi-
nance - R-A & M-A Zoned Lands) and U (Ordi-
nance - Memorial Park Water Main Easement)
were removed from. the Calendar. KITTO MOVED
to approve all other items (A-W) . Mirk noted
that the ordinance for Item U would be pre-
sented at the next Council meeting. Carey
seconded. Motion carried.
SUBDIVISION Subdivision Code Amendment - Section 2. 3. 2 1) a) .
CODE On March 27 , 1979 , the Planning Commission held
a public hearing to consider amending Section
2. 3. 2 1) a) Preliminary Plat Procedures - Appli-
cation, of the Kent Subdivision Code. The
Planning Commission recommends that this section
be amended to read as follows :
"Application for a preliminary plat shall
be filed with the. Planning Department on
forms prescribed by the Planning Depart-
ment at least thirty-five (35) days prior
to the Planning Commission hearing at which
it is to be considered. "
The Mayor opened the public hearing. There were
no comments from the audience and no correspond-
ence has been received. B. JOHNSON MOVED that
the hearing be closed, Just seconded. Motion
carried. CAREY MOVED that Section 2. 3. 2 1) a) of
the Kent Subdivision Code be amended as recommend-
ed by the Planning Commission, McCaughan seconded.
Motion carried.
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April 16 , 1979
SPECIAL USE Kent Highlands , Inc. Special Use Combining Dis-
COMBINING trict raining. On March 27, 1979, the Planning
DISTRICT Commission held a public hearing on an applica-
tion filed by Kent Highlands, Inc. for a Special
Use Combining District to allow continuation of
a mining operation originally approved in 1974
by Ordinance No. 1876. The subject property is
t zoned RA, Residential Agricultural , is 83. 7 acres
in size, and is located west of Frager Road and
South of S. 216th Street, at 41st Avenue S. The
Planning Commission recommends approval of this
application subject to the twenty-three (23)
conditions imposed under Ordinance No. 1876, which
are a part of the official record. It was noted
that an additional condition is recommended, as
follows : to update the amount of the performance
bond which is required in Condition #19 to the
current construction cost index, with 1974 as a
base.
The Mayor opened the public hearing. James
Curran noted that the project is progressing on
schedule and that there have been no problems .
He urged that the permit be granted and clarified
for McCaughan that the operation would continue
to be reviewed every six months during this 5-
year extension period. KITTO MOVED that the
hearing be closed, Just seconded. Motion
carried. B. JOHNSON MOVED that the application
be approved as recommended by the Planning Com-
mission and that an ordinance approving this
special use combining district not be adopted
until such time as the conditions of approval
have been met, Carey seconded. Motion carried.
HEALTH & (CONSENT CALENDAR ITEM)
SANITATION LID 285 - West Hill Sewer Project. ADOPTION of
Ordinance No. 2155 creating LID 285.
(CONSENT CALENDAR ITEM)
LID 283 - Rights-of-Way (Street, Sewer and Water
Project) . AUTHORIZATION to condemn rights-of-
way needed on 72nd Avenue S. , 70th Avenue S. ,
S. 216th Street and S. 220th Street where acquisi-
tion negotiations have not been successful.
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April 16 , 1979
HEALTH & (CONSENT CALENDAR ITEM)
SANITATION Bill of Sale.
Wendy' s Storm Drain Extension. ACCEPTANCE of
the bill of sale and warranty agreement for
approximately 145 feet of storm drain and the
release of the cash bond after payment of any
city bills.
(CONSENT CALENDAR ITEM)
Bill of Sale.
Kentbrook Apartment Utility Extensions. ACCEPT-
ANCE of the bill of sale and warranty agreement
for 312 feet of storm drain and the release of
the cash bond after payment of any city bills.
(CONSENT CALENDAR ITEM)
Des Moines Sewer District Comprehensive Plan.
APPROVAL of the District' s Resolution #1 779-12
providing for additions to their comprehensive
plan.
CONFERENCES (CONSENT CALENDAR ITEM)
Out-of-State Conference. AUTHORIZATION for the
City Clerk to attend the annual conference of
the International Institute of Municipal Clerks
in Florida May 21 - 24 , for which funds are
budgeted.
(CONSENT CALENDAR ITEM)
AUTHORIZATION for Det. Samuel Kelch to attend
the Professional Polygraph Seminar in New York
City May 14 - 16 , for which funds are budgeted.
ANTI-LITTER (CONSENT CALENDAR ITEM)
ORDINANCE ADOPTION of Ordinance No. 2154 , the anti-litter
ordinance.
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ANNEXATION (CONSENT CALENDAR ITEM)
Clarke Annexation. APPROVAL of a meeting date
of May 14 at 7 p.m. with initiators of the pro-
posed Clarke Annexation , a 16-acre parcel located
at. the southwest corner of 104th Avenue S.E. and
S .E. 264th Street.
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ANNEXATION (CONSENT CALENDAR ITEM)
ZONING Ryan Annexation No. 2 . ADOPTION of Ordinance
No. 2156 zoning the Ryan Annexation R1-9. 6.
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April 16 , 1979
PARKS (CONSENT CALENDAR ITEM)
Lake Fenwick Park. AUTHORIZATION for the Mayor
to sign a 25-year land use agreement with the
State Department of Game granting the City the
right to use and manage the State boat launch
on Lake Fenwick and to develop the area in accor-
dance with the Comprehensive Park Plan for the
lake.
EMERGENCY (CONSENT CALENDAR ITEM)
MEDICAL APPROVAL of the Emergency Services .Contract
SERVICES between the County, Valley General Hospital,
CONTRACT and participating emergency medical service
providers.
COUNCIL Parks Committee. Just noted that the Parks
COMMITTEES Committee would meet on Tuesday at 8 : 15 a.m.
WATER (CONSENT CALENDAR ITEM)
LID 286 - Rights-of-Way. AUTHORIZATION to con-
demn rights-of-way needed for the construction
of a water main on 76th Avenue S. from 208th
Street to S. 194th Street where acquisition
negotiations have not been successful.
(CONSENT CALENDAR ITEM)
East Hill Well Site . AUTHORIZATION for the City
Administrator to sign a purchase agreement for {
possible purchase of property on 104th S.E. for
a site for a potential City of Kent well. The
price is based on an independent appraisal and
the purchase is contingent upon there being
sufficient water at the site.
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STREETS (CONSENT CALENDAR ITEM)
Kent-Kangley Road Right-of-Way. AUTHORIZATION
for the Administrator to accept the State ' s
offer of $4400 for a twenty foot strip right-
of-way on City Water Department property on the
north side of Kent-Kangley Road near 108th Avenue
S.E.
(CONSENT CALENDAR ITEM)
Kent-Des Moines Road Agreement. AUTHORIZATION
for the City to enter into an agreement with the
Washington DOT, obliging the city for traffic
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April 16 , 1979
STREETS control items within Kent, to be installed as
a part of the State ' s overlay project of Kent-
Des Moines Road from Marine view Drive to 30th
Avenue S. The estimated cost is $8 ,925. 29 .
(CONSENT CALENDAR ITEM)
LID 288 - 84th Avenue South Rights-of-Way.
ADOPTION of Ordinance No'. 2157 pertaining to
the condemnation of rights-of-way needed for
the 84th Avenue S. street improvement from S.
192nd Street to S. 212th Street.
PUD & Ancor Development Company, Inc. - #PUD-79-1.
REZONE On March 27, 1979 , the Planning Commission held
a public hearing to consider an application
filed by Ancor Development Co. , Inc. for appro-
val of a Planned Unit Development in an MR-G,
Multi-Family Residential Garden Density zone.
The subject property contains approximately
five acres located at the southeast corner of
Ancor S. 218th Street and 88th Avenue S.
Development
Company The Planning Commission recommends that the
tentative plan for the PUD be approved by the
City Council, subject to the following CONDITIONS:
1. Deed to the City, for street purposes, 13z
feet of property along and abutting S. 218th
Street for entire length of property.
2 . Deed to the City, for street purposes, a
corner radius of 55 feet at property line
at the intersection of S. 218th Street and
88th Avenue S.
3. Require that formal landscaping meet the re-
quirements of the Planning Department, and
any natural vegetation that is destroyed in
development of the site that in the formal
landscaping plan, be brought back to its
original condition.
4 . Exhibits #1 - #6, as provided by the appli-
cant, be made a condition of approval of
this application.
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April 16 , 1979
PUD & Harris noted that the Ancor rezone public hear-
REZONE ing would be held immediately following this
hearing and that the proposals are dependent
upon each other and should be considered together
when the decision is made to approve or deny
the
Ancor requests. He noted that the rezone application
Development is from R1-7. 2 to MR-G and pointed out that under
Company the present zoning six units per acre were alloallowed
and that MR-G would permit seven units p
er The PUD proposes nine buildings containing 35
units. The public hearing was opened by Mayor
Hogan. Harris displayed exhibits 1 through 6
showing the landscaping and the open space plans,
the retention pond, and the private street system
with access from the frontage road and from S.
218th. He noted that these units would be con-
dominiums and that this was the first PUD in the
city.
Jim Brinkley, a resident of adjoining property,
objected to the proposed PUD noting increase of
traffic in the area, the additional demand on
governmental services, and the effect on the
rural-like neighborhood. He noted that the
plans showed some violations of PUD and environ-
mental principles and expressed concern over the
noise level from the adjacent freeway. He
pointed out that the units would be built into
a steep hillside and would , in his opinion, be
in violation of the Comprehensive Plan.
Barry Anderson of Ancor Development
ystated
ear that
Ancor had owned the property for a
half and that a PUD would provide more open space
than if single family houses were placed on 7200
sq. ft. lots . He pointed out that each unit would
be approximately 1,000 square feet and would sell
for $45, 000. He noted that the conditions of the
Planning Commission would pose no problem to the
developer. Upon B. Johnson ' s question, Anderson
explained the agreement under which grounds and
building maintenance would be administered. In
answer to Just' s question about the detention
pond, Anderson explained that there was also a
culvert through the property which drained under
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April 16 , 1979
PUD & the freeway into the storm drainage ditch. Chet
REZONE Williams, a developer who lives in the area, ex-
oressed concern that the number of units proposed
was too high considering the physical aspects of
the property. He also expressed concern over
the lack of guidelines for the cut and fill
operation.
Brinkley opined that the secluded enclosures des-
cribed for the lower units might also be described
as "daylight basements" . Anderson clarified for
B. Johnson that the space between the lower units
and the rockery was between 15 and 20 feet and
that the rockery was 6 to 8 feet high. Upon
McCaughan ' s question, Harris explained that the
PUD code was part of the Zoning Code. B. Johnson
Ancor opined that consideration should be given to hav-
Development ing SCS monitor the operation. There were no
Company further comments and MASTERS MOVED to defer action
until after the next item of business (the Ancor
Rezone) . Just seconded. Motion carried.
Ancor Development Co. , Inc. Rezone - #RZ-79-7.
On March 27 , 1979 , the Planning Commission held
a public hearing on an application filed by Ancor
Development Co. , Inc. for a rezone from R1-7. 2 ,
Single Family Residential , to MR-G, Garden Density
Multi-Family Residential Zoning. The subject pro-
perty contains five acres located at the southwest
corner of S. 218th Street and 88th Avenue S.
The Planning Commission recommends that this re-
zone application be approved contingent upon the
City Council approving the Ancor Planned Unit
Development application, which application is an
integral part of this rezone request.
The public hearing was opened by Mayor Hogan.
Barry Anderson noted that 6 units per acre or 35
homes would be permitted without the rezone. Chet
Williams and Gene Burkland agreed that the density
should not be higher than R-1 considering the
physical characteristics of the property. Harris
pointed out that the council had approved a simi-
lar development for 12 , 000 sq. ft. lots, also on
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. April 16 , 1979
PUD & a hillside. Upon Masters ' question, Harris ex-
REZONE plained that the cut and fill operation is moni-
tored by the Building Department. B. Johnson
commented that the monitoring of cutting of trees
had been a failure in the past. Carey addressed
the traffic problem in the area. Barry Anderson
stated that it would be 3 to 5 months before con-
struction could start and that cut and fill opera-
tion would -be handled on the site. Upon Mirk' s
question, Harris noted that plans for the build-
ings had been presented. Mirk suggested that the
Ancor plans be made a part of the record and MASTERS
Development MOVED to accept the plans entitled "Valley View
Company Condominiums" as part of the record. Just seconded.
Motion carried. There were no further comments
and McCaughan moved to close the public hearing.
J. Johnson seconded. Motion carried. McCAUGHAN
MOVED to approve the rezone as recommended by the
Planning Commission, J. Johnson seconded. B.
Johnson stated that the city' s first PUD should
be considered at a workshop session and Just
expressed concern that the retaining wall was
too close to the units as shown on the plan.
Carey stated that access to the development was
inadequate for MRM zoning. Kitto concurred with
Carey and Just and suggested further that SCS be
consulted and asked for further input. J. Johnson
agreed with the Planning Commission recommendation
noting that the PUD was a good concept even though
there were a few problems. Masters noted that ex-
tensive input was given at the Planning Commission
hearing and based upon their recommendation and the
information heard tonight a decision should be
made. Kitto suggested that the matter could be
continued to allow time for more input, especially
in the matter of traffic and the hillside cuts.
The motion to approve the rezone failed with only
J. Johnson, Piasters and McCaughan supporting it.
It was noted that the public hearing on the PUD
had not been closed and JUST SO MOVED. B. Johnson
seconded. Motion carried. JUST MOVED to deny the
PUD, B. Johnson seconded. The motion failed with
only Just and B. Johnson supporting. MASTERS MOVED
to reconsider the PUD, McCaughan seconded. Motion
carried.
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April 16, 1979
PUD & KITTO MOVED to reconsider the denial of the rezone,
REZONE Carey seconded. Motion carried. B. JOHNSON MOVED
to table both actions to the next Council meeting
on May 7 and for both matters to be discussed at
Ancor the April 23 workshop. Carey seconded and B. John-
Development son stated she wanted more information on traffic,
Company the cut and fill operation, possible monitoring
by SCS and plans for city staff to monitor the
clearing of vegetation. Motion carried. It was
noted that both public hearings had been closed.
STREET The City Attorney introduced Resolution 866 setting
VACATION a public hearing for May 21 upon the application
of Dean Marlatt for vacation of a portion of an
alley in Clark ' s Second Addition. McCAUGHAN MOVED
for adoption of the resolution, Carey seconded.
Motion carried.
ROWLEY (CONSENT CALENDAR ITEM)
ANNEXATION ACCEPTANCE of the Rowley 75% annexation petition
with the certification and AUTHORIZATION to file
same with the Boundary Review Board. REFERRED
to the Planning Commission for review of zoning.
PRELIMINARY Woodridge Estates. It was noted that this pre-
PLAT liminary plat was presented at the last Council
meeting with the six conditions recommended by
the Planning Commission. The Council set a public
hearing date for this meeting. The conditions
presented at the last meeting have been made a
part of the official record. Harris described
the plat as 19 acres located west of Woodland
Way near S.E. 267th, consisting of 22 lots. The
public hearing was opened by Mayor Hogan. Jack
Ewing, project engineer, noted that Condition #3
specified a 50 ' right-of-way and the applicant
had only 30 ' available. He noted that since the
last meeting negotiations have been underway to
purchase Lot 1 which would allow dedication of
an additional 10 feet making an acceptable 28 '
street. Mel Kleweno, attorney for the applicant,
noted that the sale had not as yet closed, but
that it was expected to be finalized by about
May 15th. Regarding Condition #6 , Kleweno stated
that the SCS requirement for not allowing dis-
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April 16, 1919
PRELIMINARY charge of water over the hillside and their ob-
PLAT jection to building into the slope are both un-
realistic. He asked that the Council delete
the SCS approval requirement and instead require
Woodridge that for the final approval of the plat, the re-
Estates port of the independent soils engineer be accepted.
Ulett submitted a report from the City Engineer
reaffirming that DOE will not approve an individ-
ual pump station unless it is owned by the city.
Ewing stated that an individual pump station in
a house is considered by DOE to be a side sewer
and as such does not require their approval.
Harris noted that the letter from Ella Snyder
of the King County Conservation District suggested
that a temporary erosion sedimentation control
plan (TESCP) be developed to meet the standards
of the District. Harris noted that this was the
basis of the Planning Commission' s Condition #6.
Harris concurred with Kleweno that there would
be no problem with having the soils engineer
work with SCS.
Upon McCaughan ' s question, Ulett clarified that
he had no objection to the type of pumps pro-
posed for sewer service. He was only concerned
because it required DOE approval. McCaughan
suggested that the sewer service for this pre-
liminary plat should be worked out between the
engineer and the developer.
There were no further comments and KITTO MOVED
to close the hearing. B. Johnson. seconded.
Motion carried. McCAUGHAN MOVED to approve
the preliminary plat of Woodridge Estates in-
cluding the following conditions as recommended
by the Planning Commission: Conditions #1, 2 , 4 ,
and 5, and that Condition #3 be changed to state
that the streets have a minimum width of 34 feet
and that Condition #6 be changed to "work with"
SCS instead of "comply with" . Just seconded.
Motion carried. _
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April 16, 1979
LAND USE An ordinance has been prepared declaring that no
R-A & M-A rezone applications will be processed for six
months for lands now zoned M-A (Industrial Agri-
cultural) or R-A (Residential Agriculture) . John
Phillips , Seattle, attorney for Arrow Development
Company, stated that his clients were purchasing
240 acres south of S. 208th which is zoned R-A.
He said that Arrow planned an MRM development and
had invested $100, 000 in studies by experts includ-
ing a planner and problems relating to traffic,
transportation, water and storm drainage and that
an EIS was being prepared. Phillips stated that
his clients had conferred with city staff over the
past six months and that the MRM proposal conformed
with the city ' s comprehensive plan, and opined that
the area south of S. 228th should be deleted from
the proposed ordinance.
Upon the Mayor ' s question, Mirk stated that this
parcel could stand on its own since the Comprehen-
sive Plan shows it as potential residential area.
He confirmed for Kitto that all of the R-A area
might be deleted for this reason. Phillips noted
that housing was needed in Kent and that the
developer recognized that conditions to the zoning
would be necessary. He pointed out that the city
has the power to control the type of development
and insist upon an adequate EIS from any developer.
Phillips presented a letter for the record. R. D..
Uhrich of Uplands Industries also presented a
letter, which was read by the Clerk, noting that
Uplands filed a rezone application in October, 1978
for an area west of the West Valley Highway between
S. 212th and S. 228th. The letter stated that the
city should be concerned with the quality of
development instead of delaying rezone proposals,
and asked that the proposed ordinance not be passed.
Upon MASTEPIS "' MOTION, seconded by McCaughan, both
letters were filed as a part of the official record.
Uhrich noted that the city' s various codes suffi-
ciently covered any proposed developments. Gary
Haldney stated that he represented a small company
in Seattle and that his firm had just found an M-A
zoned site with adequate water, sewer and drainage.
He suggested that sites such as this could be ex-
cluded from the proposed moratorium.
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April 16 , 1979
LAND USE James W. Summers , President of Arrow, noted that
R-A & M-A studies took a long time and were very costly,
and inasmuch as Arrow had already spent $100 , 000
for this purpose, suggested that the city make
use of Arrow' s studies and their experts. He
noted that the 240 acres was under option from
three separate owners.
B. JOHNSON `MOVED to delay the matter of the pro-
posed ordinance to the May 7 Council meeting to
allow time to receive input from the Chamber of
Commerce and from city staff and for the matter
to be discussed at a workshop session on April 30.
McCaughan seconded. Cushing asked that the staff
be advised as to the material the Council wished
to review, noting that studies would not be dup-
licated. It was determined that the Chamber
report would be ready before the 30th and Summers
stated that he would also have a report ready for
the staff by that time.
J. Johnson spoke against delaying the passage of
the ordinance, noting that the matter had been
discussed for months. Motion carried with J.
Johnson and Kitto voting nay. --
PRELIMINARY Harris noted receipt of a report from the DOE
PLAT approving the "rural" designation for the South-
center Corporate Park Preliminary Plat. It was
noted that this matter was discussed at the
March 19th Council meeting, and Harris pointed
out that the City Shorelines Board will now meet
on April 23 and have a report ready for the pub-
lic meeting on the preliminary plat which is
scheduled for May 21.
RESIGNATION It was noted that Councilman Kitto had, today,
tendered his resignation from the Council , to
become effective on April 27 . It was noted that
Kitto was moving from the city and would there-
fore be ineligible to serve. MASTERS MOVED to
accept the letter of resignation with regret,
Carey seconded. Motion carried. It was noted
that the Council would be advised as to the pro-
cedure for appointing a replacement for Kitto.
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April 16, 1979
MINUTES (CONSENT CALENDAR ITEM)
APPROVAL of the minutes of the meeting of April
2 , 1979 as printed.
FINANCE (CONSENT CALENDAR ITEM)
AUTHORIZATION to pay the bills received through
April 19 , 1979 , and approved by the Finance 'Com-
mittee at its meeting at 3 : 00 p.m. on April 30,
1979 .
Claims approved by the Finance Committee at its
meeting of April 16 , 1979 are as follows :
Current Expense $ 57,483. 69
Parks & Recreation 21,919 . 56
Library 1 ,982 .98
City Streets 92, 398. 77
Kent Commons Oprtg 880 . 50
Fed Shared Revenue 419 . 15
Kent Commons Ph I Con 1, 129 . 51
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Reith Rd Military 3 ,200 . 00
Smith/Cntrl to 4th 360. 00
Kent Commons Ph II Con 85, 488. 37
UAB 13 - 84th Ave S Con 124. 86
1978 Wtr Rev Const 91, 822. 82
W-H Booster Pump 8 ,471. 52
124th/WD #111 Res 849 . 71
Equipment Rental 5 , 255. 42
Housing & Comm Dev 22, 545. 38
Arts Commission 462 . 28
Firemen ' s Rel & Pen 37. 88
LEFF Disability 4 , 702 . 13
LID #283 1 , 897. 50
Sewer 12 ,146. 62
Water 5 , 823. 90
Garbage 83 ,922 . 78
$503, 325. 33
Interest Bearing Warrants
LID 283 $ 1 , 897. 50
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April 16 , 1979
ADJOURNMENT CAREY MOVED that the meeting be adjourned at
11: 30 p.m. , Just seconded. Motion carried.
Respectfully submitted,
Marie Jensen, CMC
City Clerk
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