HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/07/1979 Kent, Washington
May 7, 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 and McCaughan, (Councilperson Mas-
ters arrived at 8: 15 p.m. ) , City Administrator Cushing, City
Attorney Mirk, Planning Director Harris and Public Works Direc-
tor Ulett. Finance Director Winkle was not in attendance. Also
present: City Treasurer Drotz, Planning Commissioner Hamilton,
and URS representatives Abed and Ramsey. Approximately 30 people
were in attendance at the meeting.
COUNCIL Mayor Hogan announced that a Special Council
meeting would be held on May 14 at 6:00 o ' clock
p.m. , at which time the Council will interview,
in executive session, candidates and vote on
filling the existing vacancy on the City Council.
PROCLAMATION A proclamation was read by the Mayor declaring
the month of May, 1979 as OLDER AMERICANS MONTH
in the City of Kent.
CONSENT B. JOHNSON MOVED that the Kassner request for
CALENDAR outside sewer service be added to the Consent
Calendar. McCaughan seconded. Motion carried.
McCAUGHAN MOVED that Consent Calendar Items A
through Y be adopted, Carey seconded. Motion
carried.
MINUTES (CONSENT CALENDAR ITEM 5A)
APPROVAL of the minutes of the meeting of
April 16, 1979.
STREET Portion of Cedar Street (Schmitt) . On March
VACATIONS 19, 1979, the City Council adopted Resolution
No. 865 setting the public hearing date before
the City Council for this date for the proposed
vacation of a portion of Cedar Street. The
public hearing was opened by the Mayor.
Planning Director Harris noted the request
covered a portion of Cedar Street between
Smith and James Street to the east of Kent
Junior High School and that the Planning Depart-
ment recommends that the request be denied for
f•
the following reasons :
k
f
- 1 -
May 7, 1979
STREET 1) The right-of-way should be retained by the
VACATIONS City as a pedestrian right-of-way to Mill
Creek and Kent Junior High School.
2) That portion not needed for the pedestrian
right-of-way should be maintained as a mini-
(PORTION OF neighborhood park which would lead to Mill
CEDAR STREET) Creek.
There were no comments from the audience. The
Clerk noted that a petition had been received
containing seventeen signatures in opposition
to the proposed vacation. B. JOHNSON MOVED
to accept the petition for the record, Carey
seconded. Motion carried. B. JOHNSON MOVED
that the hearing be closed, McCaughan seconded.
Motion carried.
McCAUGHAN MOVED that the Cedar Street vacation
application be DENIED, Carey seconded. Motion
carried.
Portion of S. 194th Street and 76th Avenue
S . (Bradley) . Resolution No. 864 was adopted
on March 19, 1979 setting this date for the
public hearing before the Council to consider
the vacation of a portion of S. 194th Street
(PORTION OF and 76th Avenue S. After reviewing comments
S. 194th STREET from all interested City departments and out-
AND 76th side agencies, the Planning Department recom-
AVENUE SO. ) mends that the request to vacate that portion
of S. 194th Street and 76th Avenue S. as set
forth in Resolution No. 864 NOT BE APPROVED
AS REQUESTED, and recommends instead the
following described street vacation:
a) ALL of S. 194th Street
b) ALL BUT THE SOUTH 125 FEET of 76th Avenue S .
with the following conditions:
S. 194th Street
1) Retain the necessary drainage and utility
easement over the easterly 150 feet.
2 - -
May 7, 1979
STREET 76th Avenue S.
VACATION
1) Retain the necessary drainage and utility
easements over the entire right-of-way.
(METRO ' s Central Valley Interceptor, a
73-inch trunk sewer line, built under ULID
#1 in 1968, lies within this street) . '
Enough room must be set aside in this
easement to permit METRO to make major
repairs to their interceptor line.
2) Applicant deed to the City for a cul-de-sac
turnaround with a minimum right-of-way
radius of 55 feet (cul-de-sac to extend
125 feet north of applicant's south bound-
(PORTION OF ary line) .
S. 194th STREET
AND 76th 3) Applicant to improve cul-de-sac to south-
AVENUE S. ) erly property line with asphalt concrete
pavement, curbs, gutter and storm drain-
age. The minimum improvement for cul-de-sac
turn around should be 45 feet.
The public hearing was opened by the Mayor.
There were no comments from the audience and
the Clerk noted that no correspondence had been
received. B. JOHNSON MOVED that the hearing
be closed, J. Johnson seconded. Motion carried.
B. JOHNSON MOVED that the S. 194th Street and
76th Avenue S . street vacation application be
APPROVED WITH THE MODIFICATIONS AND CONDITIONS
STATED ABOVE. Just seconded. Motion carried.
(CONSENT CALENDAR ITEM 5U)
Vacation of Portion of Saar Street (Ribail) .
(PORTION OF ADOPTION of Resolution No. 869 setting the
SAAR STREET) public hearing date of June 4, 1979 to consider
the Ribail petition for the vacation of a por-
tion of Saar Street.
(PORTION OF (CONSENT CALENDAR ITEM 5Q)
RAILROAD ADOPTION of Ordinance No. 2159 vacating a por-
LANE) tion of Railroad Lane.
3 -
May 7, 1979
STREETS (CONSENT CALENDAR ITEM 5I)
LID 288 EVH Street Improvement (S . 212th -
S. 192nd) . AUTHORIZATION for the Mayor to sign
(LID 288) the Project Agreement for construction of 84th
Avenue S. (East Valley Highway) for which the
city has-been granted UAB funds in the amount
of $1,978, 285.00.
LID 292 104th Avenue S.E. Street Improvement
(S E 235th Street to S.E. 24.2nd Block) . The
Engineering Department held an informal public
meeting on April 25, 1979 with property owners
on the proposed LID 292 - 104th Avenue S.E.
street improvement project. Thirty-two notices
(LID 292) of the meeting were sent but only two property
owners attended. The City Attorney introduced
Resolution No. 867 setting a public hearing
date for June 4, 1979 on the preliminary
assessment roll for the proposed LID and declar
ing the intent to create LID 292. B. JOHNSON
MOVED for the adoption of Resolution No. 867 ,
Carey seconded. Motion carried.
(CONSENT CALENDAR ITEM 5J)
Bill' of` Sale - 72nd Avenue S. Street Extension
(Freehold Properties. ) ACCEPTANCE of the Bill
of Sale and Warranty Agreement for approximately
250 feet of street improvements constructed on
72nd Avenue S . in the vicinity of S . 192nd Street
by Freehold Properties and release of the cash
bond on payment of any outstanding City bills.
TOPOGRAPHICAL (CONSENT CALENDAR ITEM 5H)
MAPS Updating City Aerial Topography Maps.
AUTHORIZATION to accept the proposal of David C.
Smith & Associates, the lowest of two received,
in the amount of $15, 932.00, as recommended by
the Engineering Department, for the updating of
approximately fifteen sections of the City' s
topographical maps.
FINAL PLAT (CONSENT CALENDAR ITEM 50)
Kentwood Glen#3 Final Plat. SETTING the public
meeting date for May 21, 1979 to consider the
4 - -
May 7, 1979
FINAL PLAT Final Plat of Kentwood Glen #3 for approval,
disapproval or return to the applicant for
further modification.
HEALTH & (CONSENT CALENDAR ITEMS 5E and 5Y)
SANITATION Requests, for Outside Sewer Service. APPROVAL of
the following requests for outside sewer service,
without annexation, but with the provisions of
Resolution No. 822 to apply, in accordance with
the recommendations of the Public Works Director:
Name Location
1) KRIG, Peter 1 Lot - Coates Addition
2) COATES, Everett 2 Lots - Coates Addition
3) PAETZ, Donald 1 Lot - Coates Addition
4) CLARENDON, Larry 1 Lot - Coates Addition
5) TRATNIK, Frank 1 Lot - Coates Addition
6) RUMSEY, Ronald 1 Lot - Coates Addition
7) INVEST WEST CORP.. 2.95 acres on east side
of 132nd S.E. , north of
S.E. 272nd Street
8) LOWENTHAL, Robert 1 Lot - north side of
S . 248th Street west of
100th Avenue S.E.
9) DEHNERT, Ralph 1 Lot at 22626 - 100th
Avenue S .E.
10) PORTMANN, Frank 1 Lot at 23029 - 100th
Avenue S .E.
11) ANDERSON, Jay Kirk 6 Lots on lllth Avenue
S .E. north of Coates
Addition
12) HOOT, Dr. Paul 1 Lot at 11204 S.E.
256th Street
13) KASSNER, J.B. 1 Lot at 23313 - 100th
Avenue S.E.
(CONSENT CALENDAR ITEM 5M)
Bill of Sale - Sanitary Sewer Extension - Warn
Industries - S. 196th Street and EVH.
ACCEPTANCE of the Bill of Sale and Warranty
Agreement for approximately 680 feet of sanitary
sewer extension on S. 196th Street and East
Valley Highway, and release of the cash bond
after payment of City bills.
5 -
May 7, 1979
HEALTH & (CONSENT CALENDAR ITEM 5N)
SANITATION Bill of Sale - Sanitary Sewer Extension - Jay
Kirk Anderson Four-plex. ACCEPTANCE of the
Bill of Sale and Warranty Agreement for approxi-
mately 2, 110 feet of sanitary sewer extension on
S .E. 256th Street in the vicinity of 112th Avenue
S .E. and release of the cash bond after the pay-
ment of any outstanding City bills.
ANNEXATION Cascade Sewer District. The Cascade Sewer
(BOUNDARY District has filed with the Boundary Review Board
REVIEW BOARD) a notice of intention to annex certain properties
and included within their proposed annexation is
approximately 55 acres near S.E. 240th Street
and 116th Avenue S.E. which is within Kent' s sewer
franchise area. The City has intended to serve
the area and have had the sewer lines constructed
larger and deeper for this reason. Meetings have
been held with the District and some of the owners
and it has been agreed that while use of Kent' s
system is less expensive, the owners wish to
continue with an annexation to the Cascade Sewer
District. It is their suggestion that Kent allow
Cascade to make the extension of the Kent system
and contract with the City for Kent to receive
the discharge. City staff position is that the
City has the same methods of financing (LID or
developer extension) available as does Cascade
and that the City should serve the area directly.
A hearing before the Boundary Review Board must
be requested by May 13 and authorization for
such request is requested. Accordingly, JUST
MOVED for authorization for review by the King
County Boundary Review Board of Cascade Sewer
District Proposed Annexation No. 3-7, Carey
seconded. Motion carried.
WATER (CONSENT CALENDAR ITEM 5G)
East Hill Water System Improvement_. APPROVAL
of Change Order No. 1 for Robison Construction
Co. , in accordance with the recommendations of
the Public Works Committee, in the amount of
$3,558.76 for time and materials used in an
attempted connection at 98th Avenue S . and
6 -
May 7, 1979
WATER S. 240th Street where the existing water fittings
did not correspond with what was anticipated.
(CONSENT CALENDAR ITEM 5D)
Requests for Outside Water Service. APPROVAL of
the following requests for outside water service,
SUBJECT TO THE PROVISIONS OF RESOLUTION No. 822,
and in accordance with the recommendations of the
Public Works Director:
Name Location
1) COATES , Everett 1 Lot in Coates Addi-
tion for which water
service commitment is
implied by virtue of
allowing him to construct
a water main extension
and accepting same as a
Kent water main.
2) ECHTENKAMP, Nancy 1 Lot at 26626 - 104th
Avenue S.E. presently
served by a well.
APPROVAL of the following request for outside water
service, SUBJECT TO THE PROVISIONS OF RESOLUTION
NO. 822, and PROVIDED THAT APPLICANT AGREES TO
DELAY WATER SERVICE TO SIX UNITS FOR WHICH OUTSIDE
WATER SERVICE WAS RECOMMENDED ON MAY 2, 1977, UNTIL
AFTER SEPTEMBER, 1979, as recommended by the Public
Works Director:
3) ANDERSON, Jay Kirk 6 Lots on 111th Avenue
S.E. north of Coates
Addition
APPROVAL of the following requests for outside water
service, SUBJECT to RESOLUTION NO. 822, and with the
provision THAT THE SERVICE WILL NOT START UNTIL AFTER
SEPTEMBER, 1979:
4) LOWENTHAL, Robert 1 Lot on the north side
of S. 248th Street west
100th Avenue S.E.
II
I
7 -
i
May 7, 1979
WATER (CONSENT CALENDAR ITEM 5D Continued)
Name Location
5) ROHRSCHEIB, Luke C. For future short plat
near 28009 - 118th
Avenue S.E.
6) SHELTON, Delbert For short plat near 12045
S.E. 284th Street
APPROVAL of the following request, SUBJECT TO THE
PROVISIONS OF RESOLUTION NO. 822, and SPECIFIC
PROVISIONS SET FORTH:
7) Kent First Christian a) For fire line to pro-
Church tect a proposed church
building on the south
side of S .E. 240th Street
east of 116th Avenue S.E.
APPROVAL OF FIRE LINE AS
RECOMMENDED
b) Service to the church
(Church has a meter pre- n
sently and APPROVAL OF
SERVICE IS GRANTED, -
since the service exist-
ing can be transferred
to new building.
t
c) Service to three addi-
tional lots, one of which
will be sold and dwelling
built thereon.
APPROVAL OF SERVICE
PROVIDED THAT NO WATER
WILL BE USED UNTIL AFTER
SEPTEMBER, 1979.
DENIAL of the following requests for outside water
service because the mains on 94th Avenue S. ; form-
erly part of the Hamilton Road Water Company system,
are not of sufficient size to allow additional
customers:
8) GIESEN, Ron For portion of 5-acre
parcel at 94th S. & S.
228th Street where he
proposes to locate a
mobile home.
- 8 -
May 7, 1979
WATER (CONSENT CALENDAR 5D Continued)
Name Location
9) WORKMAN, Victor For Vacant Lot at 23604 -
94th Avenue S .
(CONSENT CALENDAR ITEM 5K)
Bill of Sale - Water Main Extension - Uplands
Corporate Park - Buildings 050, 100 and 150) .
ACCEPTANCE of the Bill of Sale and Warranty Agree-
ment for approximately 610 feet of water main exten-
sion constructed in the vicinity of West Valley
Highway for the Uplands Corporate Park Plat,
Buildings 050, 100 and 150, and release of the
cash bond upon payment of any outstanding City
bills.
(CONSENT CALENDAR ITEM 5L)
Bill of Sale - Water Main Extension - Poe Construc-
tion. ACCEPTANCE of the Bill of Sale and Warranty
Agreement for approximately 628 feet of water main
extension constructed by Poe Construction on 80th
Avenue S. from S. 203rd Street to S. 205th Street,
and release of the cash bond upon payment of City
bills, if any, against the project.
POLICE (CONSENT CALENDAR ITEM 5S)
Police Dog. ADOPTION of Ordinance No. 2161 making
certain acts relating to police dogs criminal,
prescribing penalties and providing for the codi-
fication of said ordinance in the Kent City Code
as Section 9.02. 125.
PUGET SOUND (CONSENT CALENDAR ITEM 5T)
COUNCIL OF King Subregional Plan. PASSAGE of Resolution No.
GOVERNMENTS 868 adopting the policies of the King Subregional
Plan of the Puget Sound Council of Governments.
BOARD OF PARK (CONSENT CALENDAR ITEM 5C)
COMMISSIONERS Resignations . ACCEPTANCE WITH REGRET of the
resignations of Terry Costello and Janet Royston
from the Board of Park Commissioners .
REZONES (CONSENT CALENDAR ITEM 5R)
Gordy Guinn Rezone. ADOPTION of Ordinance No. 2160
(GUINN) rezoning that property known as the Guinn Rezone
from C-M to MR-M.
9 -
May 7, 1979
PLANNED Ancor Development Company, Inc. It was noted
UNIT that the public hearing on the PUD was concluded
DEVELOPMENT at the Council meeting of April 16, 1979.
MASTERS MOVED that the tentative plan for the
Planned Unit Development be approved, subject
to the following four conditions as recommended
by the Planning Commission:
1) Deed to the City, for street purposes, 13 1/2
feet of property along and abutting S. 218th
Street for the entire length of the property.
2) Deed to the City, for street purposes, a
corner radius of 55 feet at the property line
at the intersection of S . 218th Street and
88th Avenue S .
3) Require that formal landscaping meet the
requirements of the Planning Department and
any natural vegetation that is destroyed in
development of the site that is in the formal
landscaping plan, be brought back to its
original condition.
4) Exhibits #1 through #6, as provided by the
applicant, be made a condition of approval
of this application.
and as AMENDED by the Council to provide for the
addition of Exhibit #7, the applicant's plan
entitled "Valley View Condominiums. " McCaughan
seconded. Motion carried, with Just and B. Johnson
voting nay.
REZONE Ancor Development Company, Inc. At the April 17
Council meeting public hearings were completed
for the proposed rezone and for the proposed
Planned Unit Development. Council action on both
matters was then tabled to the May 7 Council meet-
ing, to allow time for discussion at the April 23
workshop. (The recommendation of the Planning
Commission on the rezone application was that it
be approved contingent upon Council approval of
the Ancor PUD application, which is an integral
part of the rezone request. ) CAREY MOVED that
the rezone application be approved as recommended
by the Planning Commission, J. Johnson seconded.
Motion carried, with B. Johnson & Just voting nay.
10 -
May 7 , 1979
PHASED LAND Interim Planning Program. At the Council meeting
DEVELOPMENT of April 16, 1979 the item regarding an ordinance
relating to R-A and M-A zoned lands was removed
from the Consent Calendar to allow more time for
input from the Chamber and City staff. The matter
was discussed at the April 30 workshop. The
Mayor noted that Carey had submitted a written
alternate proposal, a copy of which is on file.
Carey proposes that the rezone applications be
allowed to continue if the applicant agrees in
writing that one of the conditions to approval
of the rezone would be that the applicant agrees
to abide by requirements established by the Council
as a result of the studies included in the Interim
Planning Program.
CAREY MOVED that the Council direct the staff to
initiate such studies and that the City Attorney
be directed to draft an agreement between the
City and the proponents of rezones, B. Johnson
seconded.
Upon McCaughan' s question, Mirk stated that this
was acceptable and that any conditions to rezones
must be satisfied before the rezone ordinance is
adopted. He noted that he had prepared a tentative
form of agreement in response to Carey' s request
and that a meeting was held between City staff and
the various developers and that the developers had
expressed agreement with the form proposed. Mirk
also stated that he had no problems with the
legality of entering into such agreements. J.
Johnson concurred that the agreement would resolve
the questions. In response to Just' s question,
Harris noted that the action contemplated would
probably result in some problems for the Planning
Department but suggested that the matter of the
agreement was more a legal matter than a planning
function. He pointed out that every rezone request
would still ultimately have to come back to the
Council for final decision. McCaughan questioned
whether the Planning Department would be hampered
by the type of agreement that was contemplated and
Harris noted that the Planning Department would
May 7, 1979
PHASED LAND still be making recommendations in the best
DEVELOPMENT interests of the City as a whole. It was deter-
mined that the Council would still have to see
the results of the studies and consider the
impacts of any rezones . Ulett clarified for
McCaughan that so long as the conditions of the
agreement were binding on the developer the
Public Works Department would be able to accept
it. Cushing clarified for McCaughan that he
did not feel the Council would be unduly influ-
enced by any developer and suggested the agree-
ment would handle some of the problems, and that
it would require that the developer abide by the
conditions imposed as a result of the studies.
Mirk clarified for McCaughan that the boundaries
were clearly defined in the agreement.
In response to Just 's question, Mayor Hogan
referred to two of her main concerns , one being
the impact of future development on the Green
River, and suggested that it was possible that
the concerns of the City and the developers were
quite similar. She questioned the advisability
of the City' s utilizing the studies made by the
developers, noting that she would prefer to use
studies made by the City, but acknowledged that
such studies had already been made by the developers.
She also expressed concern over traffic problems
and pointed out that these were all matters that
would have to be contained in the agreement.
Ulett expressed concern over limiting the agree-
ment to the area noted and suggested that perhaps
it should cover a larger area. He also referred
to the matter of storm drainage water and expressed
concern over that item. It was noted that Mirk
would consider all concerns when drafting the
final agreement. He stated he would have it ready
for perusal for the May 14 workshop. Carey clari-
fied that if his motion passed there would be no
moratorium on rezones; that the rezone process
would proceed as usual; and that the Council would
approve the final agreement written by the City
Attorney. Mirk pointed out that rezone applica-
tions would take the regular route through the
12 - _
May 7, 1979
PHASED.- LAND Planning Commission and the Council and that
DEVELOPMENT the studies would cover a six-month time
period. Motion carried.
Mayor Hogan noted that in January she had asked
the Council to consider her suggestions and
recommendations for orderly growth and that
the matter was at that time delayed until
February. At that time the motion was made
to table the matter until May. She referred
to a letter received from the Chamber of Commerce
which was read by the Clerk. The letter noted
that the special task force of the Chamber had
completed its studies and had mailed copies of
their report to all Council members and the Mayor.
The letter asked that the task force be given
the opportunity to discuss its suggestions with
the Mayor and the Council. CAREY MOVED that the
letter be accepted and made a part of the record,
B. Johnson seconded. Motion carried. It was
determined that the matter would be discussed
at the workshop meeting of May 29 (Tuesday) .
Receipt of a letter from Jim Curran regarding
the orderly growth problem was noted and has
been distributed to the Council. B. JOHNSON
MOVED that the letter be made a part of the
record, Masters seconded. Motion carried.
COUNCIL Public Works. Ulett noted that the Public Works
COMMITTEES Committee would meet Wednesday morning at 8:00
o 'clock a.m.
Parks. Just noted that the Parks Committee
would meet Tuesday, May 8, at 8: 15 a.m.
FINANCE (CONSENT CALENDAR ITEM 5X)
Sale of Animal Control Vehicle. AUTHORIZATION
for the City to sell the animal control vehicle
to King County for $2, 500, plus tax, with an
option to buy back to remain open until December
31, 1979.
(CONSENT CALENDAR ITEM 5P)
Unemployment Trust Fund. ADOPTION of Ordinance
No. 2158 creating the Unemployment Trust Fund
13 -
May 7, 1979
FINANCE to provide for payment of unemployment compensa-
tion claims.
(CONSENT CALENDAR ITEM 5V)
LID 282 - K-Mart Sewer Bond Purchase Proposal.
ACCEPTANCE of the proposal of Foster & Marshall,
(LID 282) Inc. to purchase $133 , 792.81 of LID 282 bonds
at 6.60%, subject to approving legal opinion
by the City' s bond attorney, and in accordance
with the recommendation of the Finance Committee.
(CONSENT CALENDAR ITEM 5W)
LID 282 - K-Mart Sewer Bond Sale Approval.
(LID 282) ADOPTION of Ordinance No. 2162 approving the
sale of LID 282 bonds to Foster & Marshall,
Inc. in the amount of $133 , 792.81 at 6.60%.
(CONSENT CALENDAR ITEM 5F)
ULID #1 - Segregation Request - Central Pre-Mix
Concrete Co. DIRECTING the City Attorney to
prepare a resolution for segregation of Assess-
(ULID #1) ment No. 160, ULID #1, as requested by Central
Pre-Mix Concrete Co. , the segregation certificate
having been signed by the applicant and all segre-
gation fees having been paid.
(CONSENT CALENDAR ITEM 5B)
APPROVAL of the bills received through May 3,
1979 and approved by the Finance Committee at
its meeting at 3: 00 o' clock p.m. on May 15, 1979.
Claims approved by the Finance Committee at its
meeting of April 30, 1979 are as follows:
Current Expense $160, 197. 70
Parks & Recreation 38,405.34
Library 1, 641.46
City Streets 27, 570. 16
Cum Res Park 119. 26
Kent Commons Operating 2, 772.49
Federal Shared Revenue 511.49
Kent Commons Ph. I Const. 938.48
Reith Rd/Military 394.70
UAB 13 - 84th Ave. S . Const. 6,842.00
14 -
May 7, 1979
FINANCE 1978 Water Rev Const. $ 404. 20
Kent Springs Chlor Equip 991. 14
West Hill Reservoir Const 1,884. 95
West Hill Booster Pump 920.50
Equipment Rental 46, 966. 92
Housing & Comm Dev 13, 432.69
LEFF Disability 939. 31
Sewer 66, 957 .75
Water 35,659.44
Garbage 1, 025.82
$408, 575.80
ADJOURNMENT McCAUGHAN MOVED that the meeting be adjourned
at 8: 35 p.m. , B. Johnson seconded. Motion
carried.
Respectfully submitted,
Marie JenA-e CMC
,
City Clerk
15 -