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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/21/1979 Kent, Washington May 21, 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, City Administrator Cushing, City Attorney Mirk, Planning Director Harris, Public Works Director Ulett and Finance Director Winkle. Also present: URS representatives Abed and Ramsey. Approximately 35 people were in attendance at the meeting. COUNCIL The oath of office was administered to new Councilperson Bill Elliott by the Deputy City Clerk. PROCLAMATIONS Youth Awareness Week. A proclamation was read by the Mayor declaring the week of May 28 to June 2 , 1979 as Youth Awareness Week in the City of Kent. Recreation & Parks Month. The Mayor read a proclamation declaring the month of June, 1979 as Recreation & Parks Month in Kent, Washington. CONSENT Consent Calendar Items B (Approval of Bills) , CALENDAR K (Property Acquisition/Relocation Policy Changes) , M (Lower Mill Creek Drainage & Park Design) and Q (Ordinance Vacating a Portion of S .E. 260th Street) were removed from the Calendar. It was noted that Item A, approval of the minutes, should be corrected to read the " . . .regular meeting of May 7, 1979 and the special meeting of May 14 , 1979 . " The City Attorney noted that Item Q, the ordinance vacating a portion of S .E. 260th as requested by Contemporary Structures was being withheld until payment of the money required had been received by the City. MASTERS MOVED to approve all other items (A through S) as corrected, McCaughan seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) APPROVAL of the minutes of the regular meeting of May 7, 1979 , and the special meeting of May 14, 1979 as printed. - 1 - May 21, 1979 HEALTH & (CONSENT CALENDAR ITEM 5D) SANITATION San itar Sewer Plan Agreement. AUTHORIZATION to accept the proposal of t e URS Company, as recommended by the Public Works Committee, to prepare a general sewer plan for Kent and its outside service area for a total fee of $29 ,200 . The proposed plan will meet all King County and Department of Ecology requirements . (CONSENT CALENDAR ITEM 5E) Requests for Outside Sewer Service. APPROVAL of the following requests for outside sewer service, subject to the provisions of Resolution No. 822: Name Location 1) MORRIS DEVELOPMENT CO. Kenton Firs No. 2 2) STEPHANUS , B. H. Manz Addition, near 104th S.E. & S .E. 224th Street (CONSENT CALENDAR ITEM 5H) Request for Late Comer' s Agreement - Donald Potts Sanitary Sewer Extension. AUTHORIZATION to pre- pare the necessary documents for a late comer' s agreement requested by Donald Potts, as recom- mended by the Engineering Department after review, and subject to the developer paying all City costs for the same. The subject late comer' s agreement covers a sanitary sewer extension con- structed on 42nd Avenue S . from 42nd Place S. to the end of the cul-de-sac, and has been found to be eligible for a late comer's agreement. (CONSENT CALENDAR ITEM 5I) 4th and 5th Avenue Storm Drain Improvements, and 1978 Asphalt Overlays, and Titus Street Sewer Replacements. ACCEPTANCE of the contract of Frank Coluccio Construction Company of their portion of the contract for the construction of the storm drain system on 4th Avenue, Titus Street sanitary sewer replacement and 1978 2 - May 21, 1979 HEALTH & asphalt overlays, in accordance with the re- SANITATION commendations of the Engineering Department and for the release of the retainage upon receipt of the necessary State releases. STREETS (CONSENT CALENDAR ITEM 5G) LID 288 - East Valley Highway Street Improve- ment (S. 212th - S . 192nd) LID 293 - East Valley Highway Sewer & Water (S . 212th - S. 192nd) . ACCEPTANCE of the Final Environmental Impact Statements for LID 288 and LID 293 as prepared by the Engineering Department, covering the reconstruction and widening of 84th Avenue South (East Valley High- way) from S. 212th Street to S . 192nd, as well as several water and sanitary sewer extensions . WATER (CONSENT CALENDAR ITEM 5C) East Hill Water System Improvement Acceptance. ACCEPTANCE of the contract of Robison Construc- tion for the improvement of the East Hill water system as complete, as recommended by the Engi- neering Department, and for the release of the retainage upon receipt of the necessary releases from the State. (CONSENT CALENDAR ITEM 5L) Water System Plan. ACCEPTANCE of the proposal of URS for completing the portion of the Water System Plan originally assigned to the City for a lump sum fee of $2300 , in accordance with the recommendations of the Public Works Committee. TRAFFIC (CONSENT CALENDAR ITEM 5J) Speed Limits . ADOPTION of Ordinance No. 2163 setting speed limits for streets recently annexed and reducing speed limits at various locations, including Canyon Drive at Hazel Avenue and on 104th Avenue S .E. near S .E. 240th Street. The changes are based on speed studies. Concurrence by the Washington Department of Transportation is required on State routes . 3 - May 21, 1979 PARKS & (CONSENT CALENDAR ITEM 5M) RECREATION Lower Mill Creek Drainage & Park Design. It was noted that URS has submitted a new pro- posal for the Mill Creek design, incorporat- ing Herbert Bayer's additions. These addi- tions increase the cost by $6200, with the result that the lump sum fee of URS would be increased to $30,500 . The Public Works Com- mittee has reviewed and approved the proposal. In response to B. Johnson' s question, Mayor Hogan noted that it had been determined at a work session that Mr. Bayer' s fee would prob- ably be about $15,000 and she had written a letter to him, offering that amount. She noted that no response had been received as yet since Mr. Bayer is out of the country at the present time. She also clarified for Johnson that by approving the URS proposal, the City was not accepting the Bayer design without knowing what the fee would be for his work. She noted that URS was incorporat- ing Mr. Bayer's design in their design, re- sulting in an additional fee to them, so if the City was able to negotiate the fee with Mr. Bayer, and if the Arts Commission could come up with the difference in the cost be- tween completing the project according to the original design of URS and the design incor- porating the earthworks, the design work would be ready. Ramsey determined for Just that if the City decided not to utilize Bayer' s earth- work design, the plans of URS would not in- corporate his work and they would proceed with only the basic work. He also clarified that should the City not use Bayer' s work, there would be no additional charge of $6200 by URS, and the contract would be drawn. up accordingly. It was also determined that the project would not be held up pending response from Mr. Bayer since the basic work would be done first. Masters noted that she was satisfied with the URS design and would not support the Bayer proposal. Motion carried, with Masters voting nay. 4 - May 21, 1979 PARKS & (CONSENT CALENDAR ITEM 5F) RECREATION Lake Fenwick Restoration Project. AUTHORIZ- ATION for the Mayor to sign the grant offer from DOE in the amount of $112,036, and the amendment to the original EPA grant offer, which the Mayor was authorized to sign on 3/5/79 increasing their grant offer from $88, 750 to $140, 046 . The City' s share of the project is $28 ,000 , which amount has not changed, and is included in the 1979 Parks budget. (CONSENT CALENDAR ITEM 5N) Amended Comprehensive Park & Recreation Sys- tem Plan. APPROVAL of an addendum amending the 1972 Comprehensive Park & Recreation Sys- tem Plan, including a revised Capital Improve- ment Program for 1979 - 1985. This is neces- sary in order for Kent to retain its eligibility to submit projects to the Interagency Committee for Outdoor Recreation for funding consideration. (CONSENT CALENDAR ITEM 50) Russell Road Park Phase III Funding Application. ADOPTION of Resolution No. 871 authorizing the City to apply for funding assistance for Phase III of Russell Road Park, and APPROVAL of a project fund being set up upon approval of the grant, with $112, 500 being tranferred into such fund from the unexpended balance of the grant matching budget and $25,000 from the Park' s budget. (The 1979 Park' s budget includes $25,000 earmarked for Russell Road Park play- ground equipment) . With matching funds, the total project would be - $550,000 . BOARD OF PARK (CONSENT CALENDAR ITEM S) COMMISSIONERS Resignation. ACCEPTANCE WITH REGRET the resigna- tion of John Fournier from the Park Board and recognition of his many years of service to the Board. 5 _ May 21, 1979 PROPERTY Property Acquisition/Relo r-ai-ion Policy Changes. ACQUISITION CAREY MOVED to approve Consent Calendar Item K, Just seconded. Motion carried. It was deter- POLICY mined for Masters that the request for appr val of minor changes in the City' s written policy adopted by Ordinance No. 2037 were needed to continue to qualify for federal aid projects involving right of way acquisition. ANNEXATION (CONSENT CALENDAR ITEM 5P) circu_ Clarke Annexation. AUTHORIZATION fora Clarke lation of a 75s petition for the proposed annexation, located at the southwest corner of 104th S.E. & S.E. 264th Street, subject to the following conditions: 1) It includes all other properties west of 104th Avenue S .E. and north of S .E. 267th Street and 2) The existing City indebtedness is assumed. Interim Planning Program. At the May 7 Council PHASED LAND Councilperson Carey proposed a compro- DEVELOPMENT/ meeting mise to a hold on rezones on Roznoe LAND USE lands. The compromise would prvide that rezone applications would be accept ed for R-A and M-A zoned lands, nor would any such rezones currently in process be considered further unless the applicant (or owner/developer) signs an agreement with the City to help defray the cost of studies of problems related to development, and to be bound by any development plans result- ing from those studies. The matter was asfcontinued and the attorney directed to prepare of agreement. A proposed ordinance and 1form of op agreement were discussed at the may and are now before the Council for consideration. The City Attorney introduced ordinance No. 2164 relating to planning for the orderly of lands within the City currently zoned RA (Residential Agricultural) and MAio(Industrial Agricultural) and to the application of City relating policy concerning rezoning activities 6 - May 21, 1979 PHASED LAND to these lands, and declaring an emergency. DEVELOPMENT/ CAREY MOVED for the adoption of Ordinance No. LAND USE 2164, J. Johnson seconded. Motion carried. ZONING Zoning Hearing Examiner. The Council has been discussing the zoning hearing examiner system whereby specific land use matters such as re- zones, conditional exceptions, subdivisions. etc. , are heard by a single individual rather. than by the Planning Commission. The Council has heard a presentation by a King County hearing examiner, has received public input at various workshops, and thoroughly analyzed the advantages and disadvantages of such a system. MASTERS MOVED that the City Council endorse the concept of the zoning hearing examiner, that the system be instituted on a one-year trial basis, and that City staff - take the necessary steps to implement the system. J. Johnson seconded. McCaughan noted that he would go along with the motion, even though he had been opposed to the idea in the past, but suggested that the system be examined on an on-going basis since a year seemed a long time to allow a new concept to continue without knowing whe- ther it would work. B. Johnson commented that she would vote against the motion, based on her feelings that the system had not been working that well in outlying areas, and in particular the Federal Way area. where people were unhappy about some of the decisions made by the hearing examiner. Just stated that he would support the motion because of the favor- able response of the public to the system in general. Masters noted that the County is presently using the hearing examiner process, with hearings now being held in Kent and in Redmond, and also noted the County is very encouraged by favorable public response to the concept. In response to Elliott's questions, Mirk 7 - may 21, 1979 ZONING noted that it would probably take about three months to implement the system as it would require amending the Zoning Code and this would entail public hearings before the Planning Commission and the Council. Harris noted for Elliott that the Planning Department would be hiring additional help in the interim since they would be reviewing their fee schedules, locating the hearing examiner, and also working on amending the necessary codes and ordinances of the City. Harris further pointed out for Elliott that the new associate planner would be looking at the permit process of the City also, with a view toward reducing the workload of both the Building Department and the Planning Department in this regard, as well as other City departments involved. and also to speeding up the permit process . He further determined that the need for such a person was imperative now and that this per- son would also be working with the hearing examiner process. In response to McCaughan' s questions regarding the fee schedule study, Cushing noted that a meeting would be held on Tuesday. May 22, at 2: 30 p.m. by staff members to review the fee schedules and it was expected that a report would be made at the next work session on May 29 , as well as a report on a review of the permit process. Motion carried. with B. Johnson voting nay. VALLEY Amendment to the Comprehensive Plan. The FLOOR Planning Commission held public hearings on PLAN March 13, March 20, April 10, and April 24, 1979 on the Valley Floor Plan amendment to the Kent Comprehensive Plan. The first hearing before the Council scheduled for this meeting was opened by Mayor Hogan. Planning Director Harris displayed a map : . showina the Valley Floor Plan as recommended 8 - May 21, 1979 VALLEY and noted that the Planning Commission had FLOOR spent a considerable amount of time working PLAN with City staff in developing the plan. He explained that the proposed plan, and the approach and format of the plan, were similar to the overall Comprehensive Plan which the City Council adopted in 197.7-- specifically, a goals, objectives and policy plan. He pointed out that in the Valley Floor Plan, which includes the lower slopes of the West Hill, the lower slopes of the East Hill, and all of the flat Vallev floor area, specific areas were being zeroed in on. He noted that a large amount of land use in the valley was consolidated and specifically referred to various types of zoning, as well as carry-overs from the old Comprehensive Plan and proposed changes. He stated that areas surrounding that repre- sented and covered specifically by the Valley Floor Plan, such as the West Hill area, would be represented by another plan and discussed at a later date, and that the East Hill Plan would also be updated. Harris stated that some of the important aspects of the proposed Valley Floor Plan were the goals, objectives and policies set forth therein, which were intended to give the Council a good grasp on the overall theme of how the Valley floor area is develop- ing and how it should be developed. He also pointed out that the Transportation Plan, the Storm Drainage Plan, and the Green River Corridor Plan will be covering specific prob- lem areas, and the Valley Floor Plan is meant to give the Council the guidelines or frame- work under which the City can operate. Copies of the Plan were distributed to all members of the Council, as well as interested citizens attending the meeting, and a copy 9 - May 21, 1979 VALLEY is a part of the record. It was determined FLOOR that the plan would be discussed further PLAN at the May 29 workshop, as well as at the next Council meeting. JUST MOVED that the hearing on the Valley Floor Plan amendment to the Comprehensive Plan be continued to June 4, 1979. B. Johnson seconded. Motion carried. PRELIMINARY Southcenter Corporate Park Preliminary Plat. PLAT On March 19 , 1979 the Council set this date as the date of the public meeting to consider this preliminary plat and to accept or reject the recommendations of the Planning Commission for approval. It was noted that the Planning Commission on February 27, 1979 recommended to the Council approval of the Southcenter Corporate Park Preliminary Plat, with the _ following conditions as part of that recommen- dation: 1) All internal streets, except for S. 190th Street from 66th Avenue S. to the West Valley Highway, shall be fully improved with asphalt concrete pavement and cement concrete curb and gutter to a minimum 36 foot width. S. 190th Street, from 66th (SOUTHCENTER Avenue S. to the West Valley Highway. CORPORATE shall be fully improved to a width of 44 PARK) feet. 2) Russell Road/S. 196th Street shall be im- proved to a half street width of 22 feet as measured from the center line of the existing pavement. Said half street im- provement shall extend the entire length of the plat and shall include asphalt con- crete pavement and cement concrete curb and gutter. The balance of said street shall be overlaid with asphalt concrete pavement one inch minimum thickness. 3) West Valley Highway shall be widened at - 10 - May 21, 1979 PRELIMINARY the S. 190th Street intersection to" PLAT accommodate a north bound left turn pocket. 4) Street lights shall be installed within the plat and along Russell Road/S. 196th Street. 5) Provide and install street name signs for the plat. 6) Install water mains to meet fire flow re- requirements. A 12 inch water main shall be installed on Russell Road/S. 196th Street for the entire plat boundary. Provide intertie with City of Tukwila water system (SOUTHCENTER within South Center Industrial District. CORPORATE 7) Install a gravity sanitary sewer system PARK) and service all lots. 8) Construct concrete sidewalks on one side of all through streets, including along Russell Road/S. 196th Street. Construct cement concrete sidewalk along both sides of S. 190th Street from 66th Avenue S. to West Valley Highway. 9) Install storm water drainage system that meets the City of Kent's drainage ordinance requirements. 10) Submit detailed plans for all of the above referred to improvements to the Engineer- ing Department for review and approval. 11) Dedicate 20 foot right-of-way along and abutting Russell Road/S. 196th Street for the entire plat frontage thereon such that total street right-of-way shall be 40 feet. 12) Dedicate 15 feet of right-of-way along and abutting West Valley Highway for entire - 11 - May 21, 1979 PRELIMINARY plat frontage thereon such that total west PLAT one of right-of-way shall be 45 feet in width. At the West Valley Highway rail- road crossing (northeast corner of the plat) , dedicate an additional 15 foot right-of-way along West Valley Highway such that the total half street right-of-way width at the northeast corner of the plat is 60 feet. Said 60 foot half street width shall extend southerly approximately 130 feet from the northeast corner, thence tapering back to the 40 foot southlofhsaidsplattswnortheastidth at about 330 fee corner. 13) The rail crossings proposed at S. 196th Street are an independent action requiring joint approval by the City Council and the Washington State Utilities & Transportation Commission. Approval of said crossings should follow the standard procedures. 14) The City will be granted a strip of land consisting of the dike and an -area 10 feet in width on the land site of the dike. (SOUTHCENTER CORPORATE 15) An additional 15 foot wide landscape buffer PARK) strip will be provided by the applicant adjacent to the 10 foot strip. 161 Nos. 14t fromlthelriverll mlandwarddistance of 75 fee and 171 Landscaping in the 15 foot landscape strip will consist of Lombardy poplars or similar trees. 18) Public access to the Green River will be provided at the point where the Puget Power right-of-way extends from S. 194th Street to the river. 19) There will be no storage to the rear of 12 - May 21, 1979 PRELIMINARY any building on any of the lots which are PLAT adjacent to the Green River. 20) Tractor-trailer type trucks will not be permitted to the rear of any building on any of the lots which are adjacent to the Green River. 21) No building will be higher than 25 feet on any of the lots adjacent to the Green River. 22) General landscaping maintenance will be covered in the plat covenants. 23) No metal buildings will be constructed. 24) If a surface detention system is required, it shall be one in common with the total plat and not a lot by lot facility. Such a detention system will be determined as to size, location and design prior to the filing of the final plat. The system shall aesthetically compliment the design of the plat in relation to landscaping, building (SOUTHCENTER setback requirements, etc. . as well as pro- CORPORATE vide the necessary detention. PARK) 25) The applicant is required to provide ade- quate off-street and on-street parking for public access to the river bank. A shoreline hearing was held on April 20, 1979 to consider the Uplands Shoreline Management Application for the Southcenter Corporate Park Preliminary Plat. The application was approved by the Shoreline Hearing Board, consisting of Parks Director Wilson, Public Works Director Ulett and Planninq Director Harris, and the following conditions were applied to that part of the plat that lies adjacent to the Green River: 1) The City will be granted a strip of land - 13 - May 21, 1979 PRELIMINARY consisting of the dike and an area -10 PLAT feet in width on the land site of the dike. 2) An additional 15 foot wide landscape buffer strip will be provided by the applicant adjacent to the 10 foot strip. 3) Nos. 1 and 2 will comprise a distance of 75 feet from the river landward. 4) Landscaping in the 15 foot landscape strip will consist of Lombardy poplars or simi- lar trees. 5) Public access to the Green River will be provided at the point where the Puget Power right-of-way extends from S. 194th Street to the river. 6) There will be no storage to the rear of any building on any of the lots which are adjacent to the Green River. 7) Tractor-trailer type trucks will not be permitted to the rear of any building on (SOUTHCENTER any of the lots which are adjacent to the CORPORATE Green River. PARK) 8) No building will be higher than 25 feet on any of the lots adjacent to the Green River. 9) General landscaping maintenance will be covered in the plat covenants. 10) No metal buildings will be constructed. 11) The applicant is required to provide ade- quate off-street or on-street parking for public access to the river bank. Planning Director Harris pointed out the location of the proposed preliminary plat on the map as - 14 - May 21, 1979 PRELIMINARY being on the west side of the West Valley PLAT Highway between S. 196th Street and S. 190th Street, encompassing 189 acres containing 87 lots. He noted that the proposed subdivision, annexed to the City in 1978, and zoned Agri- culture prior to annexation, is now zoned M-A in the Briscoe meander area, M-1 next to the Green River and next to the West .Valley Highway and M-2 in the middle of the proposed plat. Harris also noted that the land is vacant at the present time, that the Boeing Aerospace facility lies to the south. the Uplands West Valley Industrial Park lies to the east across the West Valley Highway, and the Southcenter South Industrial Park lies to the north in Tukwila. He pointed out rail (SOUTHCENTER lines proposed in certain areas and also noted CORPORATE that one rail line presently crosses the PARK) West Valley Highway. Referring to the conditions imposed by the Shoreline Master Program Hearing Board, Harris noted that the conditions imposed by that Board were primarily the same as those imposed by the Planning Commission. He sug- gested that the important conditions on the plat approval were the ones requiring the applicant to setback a certain distance from the river, noting that the plat has eighteen lots setback on to the river and one on S. 194th Street. He explained the reason for the imposition of these conditions was because of the importance of providing some type of access to the river. as well as adequate parking facilities. He referred to an area of approximately 7 acres along the river that would most likely become a Citv park, with access to the river proposed at two locations. Harris noted that the applicant had several questions about the conditions and suggested that the Council would probably choose to hold its own public hearing on June 4. - 15 - May 21, 1979 PRELIMINARY The public meeting was opened by the Mayor. PLAT Mayor Hogan referred to Condition No. 17 relating to the landscaping and trees, and noted that the type of trees, spacing and heighth of trees which were discussed at the previous hearings were not specifi- cally included as part of the conditions of either the Planning Commission or .the Shorelines Master Program Hearing Board. Harris suggested that any discussion with regard to this condition should probably be held at the public hearing on June 4. In response to the Mayor's questions as to the effect of the Green River Corridor studies to be undertaken shortly and the possible effects on the plat should addi- tional setbacks from the river be considered (SOUTHCENTER necessary as a result of these studies, CORPORATE Harris noted that the plat would probably PARK) be substantially designed by the time the studies are completed. He also pointed out that since the plat has already been zoned, it probably does not fall into the modified moratorium surrounding land zoning, and also noted that had the studies been going on at the time of annexation the area would undoubtedly have been included. Masters referred to Condition No. 3 and the rail crossings referred to in that condition, as well as those shown on the map. Harris responded by noting that it was the intent of the Engineering Department to make sure it was not implied in the plat approval that the applicant was being granted a rail cross- ing in the area in question, and that any such crossing would be handled by the Council at a later time should such a request be made. Referring to Condition No. 23 . Masters noted that she had never seen a metal building con- structed by Uplands and Harris determined 16 - May 21, 1979 PRELIMINARY that the reason for the condition was that PLAT Uplands will. be selling the property and it had been agreed between the applicant and City staff that this condition would be a covenant running with the land. Addressing the requirement of Condition No. 25, Masters stated that she thought the river was to be used for recreational purposes and questioned why car traffic should be allowed in the area in question, suggesting that per- haps it would be better to provide for only foot traffic or bike trails. Harris determined that this point had also been raised at the Planning Commission hearings . He noted that all of the properties in that area were pri- vately owned and in order for people to uti- lize the area on their lunch hours, it would be necessary for many of them to drive to the area and have a place to park their cars. (SOUTHCENTER He clarified that this did not mean parking CORPORATE along the dike, but parking inset areas, such PARK) as the library has, for 15 minute parking or half hour parking. It was felt that this type of facility should be designed into the plat because of the cost involved of designing such insets or providing a parking lot after the plat is built. He pointed out that the pur- pose of the condition was because the Planning Commission was asking that the plat be designed to allow parking along the area to provide easier access to the river. He referred to the Commission's concern about possible traffic congestion but noted that it had been agreed that it would be easier for people to utilize the area by allowing automobile traffic and that such traffic would not conflict with truck traffic along the street. Masters stated she felt that Condition No. 25 should be modified at the time of the hearing before the Council on June 4 . McCaughan referred to Condition No. 23 also and questioned whether the Council could - 17 - ........ ... May 21, 1979 PRELIMINARY actually restrict the developers from con- PLAT structing a metal building on the sites if in fact the building met the requirements of the Building Code. Mirk stated that this could be done so long as the owners/developers agreed to the condition. Harris clarified that it was in fact to be a condition of the plat and that Uplands had concurred that they would make it a covenant running with the sale of any of the lots. In further response to Masters' questions, he noted that Uplands would be selling the property with covenants and restrictions part of the sale, and that Uplands normally does not build on the land themselves. Dave Uhrich of Uplands Industries stated that he wished to have the matter considered at the June 4 meetinq for a public hearing (SOUTHCENTER in order that some of the conditions referred CORPORATE to could be further discussed. He noted that PARK) generally Uplands agreed with the Planning Commission recommendations and conditions for approval but asked for clarification on some items. Uhrich referred first to Condition No. 6, requiring the installation of water mains to meet fire flow requirements and expressed no opposition to this portion of the condi- tion, noting that it would be done. However, with reference to the portion of Condition No. 6 which states. . . "Provide intertie with City of Tukwila water system with South Cen- ter Industrial District. " he commented that they assumed this meant the McCann Industrial Park to the north. Uhrich noted that they had no objections to providing an intertie with the City of Tukwila so long as they did not have to do so for the plat to the north and also questioned whether this condition implied constructing one or two water lines and a meter box. He also stated that he felt that negotiations for the intertie should be - 18 - May 21, 1979 PRELIMINARY handled by City staff or the City Council PLAT and should not be an obligation of Upland Industries, and asked that this point be clarified. Referring to Condition No. 11. which requires "the dedication of 20 feet to the right-of-way along and abutting Russell Road/S. 196th Street for the entire plat frontage thereon such that total street right-of-way shall be 40 feet, " Uhrich noted that the plat shows this street to be a 60 ' right-of-way, and this condition would require an 80 ' right-of-way. He suggested that a 60 ' street with adequate utility ease- ments for any utilities that might be constructed seemed to be more consistent. With reference to Condition No. 2, which pro- vides that a condition of plat approval is (SOUTHCENTER the improvement of the north half of Russell CORPORATE Road/S. 196th Street to a 22 ' improvement, PARK) he commented that even though previously agreed to, there now seemed to be no necessity to require this improvement by Uplands . He noted that Uplands had contacted the Boeing Company with regard to joint improvement of the street and Boeing had declined to share in the costs of such improvement. Uhrich stated that Uplands would now proceed on the basis of a local im- provement district to construct the entire street with a 44 ' improvement all the way through. In relation to the City's circulation plan and as now presented in the Valley Floor Plan, he pointed out that Russell Road was scheduled to be a scenic drive in certain areas and S. 196th would only be serving the Uplands property and any development that might eventually occur east of Boeing. He determined for Mayor Hogan that access to some of the lots would be on the pro- posed scenic route, and with the possible excep- tion of one lot, would be able to come out on S. 194th. Uhrich then referred to Condition No. 14 which - 19 - May 21, 1979 PRELIMINARY states that the City will be granted a Strip PLAT of land consisting of the dike and an area 10 feet in width on the land site of the dike. He noted that this is a condition which Uplands would like to have removed, based on his con- tention that Uplands has been offering for over a year to dedicate this land to the City for park purposes. He referred specifically to negotiations with the Parks Department to donate a strip of land 10' wide plus the dike all the way along the river on the land site which could be integrated into the City's park and trail system. He noted that Uplands had had the property appraised and discussions had been held with the Parks Department as to using that for some matching funds to buy other property for park purposes. He pointed out that as a condition of plat approval, Uplands would not get any tax benefits, and since they had already agreed to donate the property to the City for park purposes asked that it be (SOUTHCENTER removed as a condition of plat approval. CORPORATE PARK) Referring to Condition No. 15, Uhrich asked that a clarification be made for the benefit of the Council. He noted that this condition, requiring an additional 15 foot wide landscape buffer strip to be provided by the applicant adjacent to the 10 foot strip, had been discussed with the Planning Commission for approximately three months . Uhrich commented that the most explored issue through all of the public hear- ings had been the development that would take place along the Green River. He referred to discussions which had also taken place between himself, Ted Knapp, Mayor Hogan and Mr. Harris and suggested that this condition resulted from those discussions as an alternative to moving the street over and running it next to the dike all the way along the river. He clarified that the conditions imposed would be part of the covenants running with the land and the requirement that any lot backing to the river would be required to provide rear 20 - May 21 . 1979 PRELIMINARY yard landscaping and trees would be part of PLAT the development of the lot itself, rather than part of the development of the plat, with the trees and landscaping going in on those lots along the river as development occurred. Uhrich pointed out that meetings had been held with City Engineer Wickstrom and other City staff as to Condition No. 24, requiring surface water detention systems, in common with the total plat and not a lot by lot facility. He expressed the concerns of Uplands, one being that if they were to go in to the plat and oversize all storm drainage facilities to provide detention for each lot, and if in six months or more the East Side Watershed project is adopted and channels constructed, such a detention system would no longer be (SOUTHCENTER required. The result would be that a very CORPORATE expensive system might be constructed which would PARK) never be of any use to some of the lots . He suggested that as an alternative Uplands would go in and do the drainage calculations and the drainage plan for the entire park, giving each lot or group of lots, depending on how develop- ment ensued, the specific requirements for on- site detention, if in fact required. Each lot would then be ready for review by the Engineer- ing Department on a development basis to insure that the developer was complying with the pre- requisites for storm drainage. He noted that in this way, should it take five or ten years to sell the lots, and the detention system requirement eliminated by that time, something that was in fact not necessary, but very costly, would not have been done. He referred to the fact that Uplands was still conducting condi- tional studies to determine whether or not the P-2 channel could in fact handle the storm drainage from the area. Responding to Masters' question regarding building on the lots, he noted that Uplands 21 - May 21, 1979 PRELIMINARY typically does not build its own buildings PLAT but sells or leases to individual clients. In this case, however, Uplands may build on some of the lots that it owns. Responding to Mayor Hogan's question, Mirk noted that. the City does not have the authority to enforce covenants placed on the sale of land. This is under the control of the owners of. the plat. (SOUTHCENTER CORPORATE The corporate counsel for the Boeing Company PARK) indicated that Boeing did not have any objec- tions to the plat. He did point out, however, that the position of the Boeing Company was that the conditions of approval apply solely for the benefit of the Uplands property, -that they benefit Boeing property in no way, and that the Boeing property should be excluded from any LID proposed on that basis. _ There were no further comments and MASTERS MOVED that a public hearing on the Southcenter Corporate Park Preliminary Plat be scheduled for June 4, 1979, B. Johnson seconded. Motion carried. FINAL PLAT Kentwood Glen #3 . The final plat of Kentwood Glen #3 has been signed by the City Engineer and the Planning Director. To comply with the Subdivision ordinance a public meeting is (KENTWOOD scheduled for this time before the Council to GLEN #3) consider the final plat, which meeting was opened by the Mayor. CAREY MOVED that the Final Plat of Kentwood Glen #3 be accepted with the conditions of preliminary plat approval, McCaughan seconded. Motion carried. ALLEY Portion of Alley Lying between Temperance VACATION Street and Smith Street, west of Clark Avenue (Marlatt Request) . On April 16, 1979 the City Council adopted Resolution No. 866 which set this date for a public hearing on this street vacation request. Input has been received by - 22 - May 21, 1979 ALLEY the Planning Department from all interested VACATION City departments and upon review of such input, it is recommended that the request to vacate that portion of alley as set forth in Resolution No. 866 be approved, with the following conditions: 1) Retain a utility easement for sanitary sewer and storm drainage. 2) One-half of the appraised value of the portion to be vacated be paid to the City. The public hearing was opened by the Mayor. There were no comments from the audience and no correspondence has been received. McCAUGHAN MOVED that the hearing be closed, Carey seconded. Motion carried. JUST MOVED that the City Attorney be directed to prepare the necessary ordinance vacating the portion of the alley as requested, after receipt of payment of one-half of the appraised value of the portion to be vacated. Carey seconded. Motion carried. STREET Vacation of a Portion of Cedar Street (Schmitt VACATION Request. ) It was noted by Mayor Hogan that Jim Curran was in attendance at the meeting on be- half of his clients, James and Dian Schmitt, regarding the denial of their request for a vacation of a portion of Cedar Street by the .Council at its meeting of May 7, 1979, and that a copy of Mr. Curran's letter had been furnished to the Council and was a part of the record. In response to Mayor Hogan' s question, Mirk noted that he had reviewed the subject letter and that there were no legal problems in connection with the action taken by the Council. Mirk pointed out for McCaughan that if the Council chose to reconsider the matter, they would have to republish and set a new hearing date. He also clarified that there are no provisions for the applicant to reapply 23 - May 21, 1979 STREET but if it was the. Council's intent to recon VACATION sider the matter it might be best to reopen the hearing rather than requiring the appli- cant to pay an additional $150 to reapply. In response to Masters ' questions, Curran noted that his clients felt that they had not been afforded a fair hearing, referring to the petition which had been submitted to the Council against the proposed street vaca- tion, and the Schmitts' inability to respond to that petition. Harris clarified that the Schmitts were in attendance at the time of the hearing, that they had ample opportunity prior to the meeting to study the Council agenda, which set forth all pertinent facts relating to the proposed street vacation, and that they then chose not to speak when the matter came before the Council. In response to Just' s question as to what new information might be forthcoming, Curran indi- cated that his clients seemed to feel that some of the persons signing the petition had been misled by the language of the petition. He noted that he was not prepared to present their case at this time and also pointed out that the Schmitts, who were in attendance earlier, had left the meeting. As to the petition in question, Curran stated that he had not seen it so did not know its contents. JUST MOVED to reopen the hearing to allow the new information to be brought forward, B. Johnson seconded. In response to McCaughan' s question as to the effect of reopening the public hearing with regard to other interested parties who attended the last public hearing, Mirk stated that the Council was possibly setting a very dangerous precedent by its action. He reiterated that the applicants were in attend- ance at the public hearing of May 7 , had an opportunity to be heard but chose not to speak, and since they did not like the decision of the 24 - May 21, 1979 STREET Council were now coming back and saying they VACATION did not receive a fair hearing. He pointed out that any applicant could do the Same thing at every public hearing and should this public hearing be reopened on that basis it would result in a dangerous precedent being set. Mirk noted for B. Johnson that the code pro- vides, in the case of rezone applications that are denied without prejudice, that the applicant may reapply as soon as he wishes; otherwise, he must wait a year. In the case of street vacations there is no such provision and the applicant could immediately reapply, providing he is willing to spend another $150. Mirk clarified for Just that his previous statement regarding the reopening of the hear- ing was merely to state that if the Council intended to reopen the case at all, it would be better to do it that way than have the applicant reapply. He stated that legally the Council could do anything they chose to do, and he was merely advising them that reopen- ing such a public hearing, when the applicants had been given proper notice, were in attendance and given every opportunity to be heard but in fact chose not to do so, was setting a very bad precedent in the case of future public hearings. He stated that he was not suggesting that the hearing be reopened--that such action was a policy decision of the Council. JUST WITHDREW THE MOTION TO REOPEN THE PUBLIC HEARING, Johnson the second. BIDS East Hill Well Drilling Project. Bids were received on April 18 on the above project as follows: Burt Well Drilling $37, 857 . 90 Poulsbo Richardson Well Drilling $48 , 552. 00 Tacoma 25 - May 21, 1979 BIDS Public Works Director Ulett reported on the,, proposed project up to this time, noting that the Report of Examination and Findings of Fact & Decision had been obtained at the Department of Ecology office in Redmond this date. He noted that on January 4 , 1979 the City had filed a Request for Ground Water Rights, and as a part of that process had published notice . to interested parties (those having wells in the vicinity or having other reason for pro- test of the project) . During the 30-day period allowed, ten protests were received, and of those protesting, all but one were at least a mile and a quarter away and further, their wells were at a different strata--mostly shallow wells--and there seemed to be no validity to their concerns. The other protest came from the East Hill Community Well Company, who necessarily are concerned because the proposed City well project is adjacent to the property on which their two wells are loca- ted and from which they are now drawing water to serve their customers. Ulett further noted that the Department of Ecology had made their study, as is always done when there are pro- tests, and their conclusion was that they recommend approval of the application of Kent for withdrawal of water from the proposed well at the rate of 2100 gallons per minute, subject to the following conditions or limitations: 1) The permit shall issue for development of a production well not exceeding 2100 gallons per minute and shall be supplemental to existing rights for the City of Kent. The annual withdrawal shall not exceed 3360. 0 acre-feet per year (which is 2100 gallons per minute times the number of minutes in a year converted to acre feet) . 2) A complete pump test and aquifer analysis will need to be done by an engineering firm to adequately assess the actual sustained - 26 - May 21, 1979 BIDS withdrawal rate that can be pumped without detriment to those wells in the area. Ulett noted that the Report and Findings go on to explain that it is impossible to determine the effect of withdrawing water from the ground on other wells in the area until it has actually been done--that it can be predicted, but not absolutelv. He noted that the Findings & Report were signed by Robert McCormick, Regional Mana- ger for the Department of Ecology, and that this document, together with the accompanying letter would be sent to those parties protest- ing, notifying them that they have thirty days within which to appeal to the Pollution Control Hearings Board of Washington. For this reason the agency cannot issue a ground water permit to the City within that 30-day period. Ulett went on to explain that a ground water permit is to allow the appropriation and taking of water from the ground and is different than what thinks of as a permit to actually drill the well. He also referred to another step which must be taken, previously unknown to his office, and that is obtaining written approval of the Assistant Secretary of the Division of Health in Olympia, which will be done immediately. Referring to the problems of the East Hill Community Well Company, Ulett explained that that body, at their annual meeting a year ago, indicated they wanted to go out of the water business and expressed an interest in having the City take over their operation. Ulett noted that he had responded by letter, express- ing his proposal to resolve the problem by stating that in the event the pumping of the City did adversely affect the Company' s well, the City would provide water to them or inter- tie at that time , take over their customers and become the water purveyor. The East Hill Community Well Company would in turn list their objections or reasons for protesting 27 - May 21, 1979 BIDS the City' s well project. He noted that the Company was meeting this evening and a res- ponse to his letter had not been forthcoming as yet. He did note, however, that in conver- sations with one of the directors, Bob Couture. it was indicated that this was the logical course for the East Hill Community Well Company to follow. Ulett stressed the urgency of proceeding with the project at this time. noting that if the bid award was held up for as much as thirty days, it would not be possible to have the water supply available during the peak need time this year and the City would again have to resort to the Tukwila intertie. He added that the City was still proceeding with the Tukwila intertie but would like to have both sources of water available because of the cost. Ulett pointed out that because the report from DOE had been received today, he had not had the opportunity to discuss their findings with the City Attorney, who received the documents late this afternoon, nor had an opportunity to obtain the City Attorney' s views on the project. He recommended, however, subject to the opinion of the City Attorney, that the contract be awarded at this meeting, making such award contingent upon reaching some kind of verbal, and not formal, agreement with the East Hill Community Well Company as to the effect on their wells. He expressed no concerns at all about the other eight or nine wells that were greater distances from the site of the proposed Kent well project. Mirk stated that he could see no legal problem and that award of the bid at this time was merely a decision of the Council to make. Responding to B. Johnson' s questions about the concerns of the East Hill Community Well Company and whether or not the City would be 28 - May 21, 1979 BIDS able to handle the additional 250-300 customers presently served by them, Ulett noted that if the City did take over the service we would acquire their property and the existing wells. He noted that the two wells, which have a maximum drawing capacity of approximately 300 gallons a minute, or slightly less than half a million gallons per day, are only to serve East Hill Community Well Company customers. He also clarified for B. Johnson that while the purpose in drilling the new well was to obtain addi- tional water for the City system, the customers of the Company being added to the system would not adversely affect us since the needs of these customers being served presently do not average 100 gallons per minute. In response to Mayor Hogan' s question, Ulett noted that his recommendation for award of the bid to the Burt Well Drilling Co. , low bidder, was contingent on a review of the action of the East Hill Community Well Company at their meeting being held tonight. Abed noted for J. Johnson that the proposed well will be about 250 feet deep. It was also determined that the conclusion of the geolo- gists involved in the project was that a good well existed at this depth and that it was the same depth as that of the East Hill Community Well Company existing wells. Ulett noted for Elliott that the Kent well would be drilled approximately 30 feet from the nearest well of that Company. He further explained for Elliott that the reason the East Hill Community Well Company' s wells do not draw off more water is because of the size of their pumps and the shafts, and also because the operation is not a continuous one. Abed explained that the City is proposing a 20-inch casing and a pump that can draw up to a maximum of 3 million gallons per day, or 2100 gallons per minute. As to Elliott' s question regarding how soon - 29 - May 21, 1979 BIDS the East Hill Well customers could be served should our well adversely affect theirs , Ulett noted that the intertie has already been made and was done at the time of a recent test to determine the capacity of the proposed well. All that would be required to connect them to the Kent system would be turning a valve to put water into their system. Winkle determined for B. Johnson that funds were available for the project, as well as funds to buy out the East Hill Community Well Company if necessary, and also to construct the Tukwila intertie. He suggested that some operating decisions would have to be made, since some of the uncommitted bond reserve monies were originallv dedicated to a redesign of the Kent Springs transmission line. Ulett noted for B. Johnson that all of the projects - set out in the bond issue would be done but that the bond issue itself does not require that the Kent Springs transmission project be done. He noted further that at this time the cost of the Kent Springs study is unknown but that a complete set of engineering plans for a project of this scope usually runs about 8-10% of the value of the project, which will be a four or five million dollar project. He concluded that it may cost about $400, 000 for a complete set of plans and specifications for a project of this magnitude. Winkle pointed out that the Council should keep in mind that if the uncommitted bond excess funds were used for other projects they would no longer be available for the Kent Springs study. Abed responded to Mirk's question by noting that there was a 45-day holding period allowed on the contract. There were no further comments and B. JOHNSON MOVED to accept the best bid of the Burt Well Drilling Co. , Carey seconded. Motion carried. 30 - May 21, 1979 FINANCE (CONSENT CALENDAR ITEM 5R) Segregation Request - ULID #1 - Central Pre- Mix Concrete. ADOPTION of Resolution No. 870 authorizing segregation of that certain assess- ment requested by Central Pre-Mix Concrete under ULID #1 and directing the Supervisor of Treasury Accounting to make said segregation. (CONSENT CALENDAR ITEM 5B) Approval of Bills. Masters referred to one item approved by the Finance Committee and which she wished to clarify for the record. She referred specifically to the claim of Bower & Nyberg where the escalated fee to them is requested by virtue of a change order. She stated that she wished her objections to the approval of the claim be made a part of the record. In response to McCaughan' s question, Mirk noted that he had not reviewed the contract with Bower & Nyberg & McCaughan suggested that perhaps all other claims should be approved for payment except that item. Masters noted that it was an issue which she felt strongly about and noted that Mr. Cushing had agreed that in the future all contracts of this type would be reviewed more thoroughly. McCAUGHAN MOVED to approve the claims except that of Bower & Nyberg. Cushing questioned whether it was the intent of the Council to deny payment of that claim and Masters noted that it could not be done because the Council, with the exception of herself, had already agreed to their contract. McCaughan clarified that he was asking for a review of the contract, not denial of the claim. The motion and second were withdrawn. CAREY MOVED to approve the bills received through May 18, 1979 and approved by the Finance Committee at its meeting at 3:30 p.m. on May 31, 1979 , and that said bills be paid, B. Johnson seconded. Just questioned why Mirk was being asked to review the contract and Mirk noted that he did not know what the - 31 - May 21, 1979 FINANCE specific bill was for. B. Johnson pointed out that the contract had been reviewed previously and it had been determined that there was no way for the City to get out of it, since it was 'a valid contract. She also noted that Masters had not wanted the same type of contract for Phase II of the Kent Commons as had been used for Phase I, and that her objection was therefore a con- tinuing one. Mirk determined for Just that there was no way to reject the claim, since under the terms of the contract architect' s fees could be charged on change orders, even though resulting in escalated fees. Motion carried. COUNCIL Public Works Committee. McCaughan noted the Public Works Committee would meet on Thursday morning, May 24 , at 8 :00 a.m. Public Safety Committee. Masters stated that the Public Safety Committee would meet on Tuesday morning, June 5, 1979, at 8 :15 a.m. FINANCE Claims approved by the Finance Committee at its meeting of May 15, 1979 are as follows: Current Expense $ 54, 020.88 Parks & Recreation 24, 237. 12 Library 1, 277.51 City Streets 6, 252.93 Kent Commons Operating Fund 1. 184.87 Federal Shared Revenue 3, 249.47 Kent Commons Ph. I Con 416.77 S. 180th/WVH-EVH 42.05 4th Ave. Signals 73.98 Kent Commons Ph. II Con 107,800.74 UAB 13 - 84th Ave. S . Con 55, 283. 29 104th Ave. - 236-252nd 26, 175.00 1978 Water Rev Const 3, 228.82 Equipment Rental 4, 292. 13 Housing & Comm Dev 599.37 Firemen' s Rel & Pen 37.88 LEFF Disability 4,625.75 - 32 - May 21, 1979 FINANCE LID 283 $ 1, 370.43' LID 286 600.00 Sewer 2, 792. 29 Water 10,108. 15 Garbage 81,040.68 $388, 710. 11 Interest Bearing Warrants LID 283 - EVH Street Improvement Conger, Schueler & Mc $ 80.00 Dale Brunton 1, 035.00 Chicago Title 51.43 Jos Meade 204.00 $ 1, 370.43 LID 286 - 76th Ave. So. Water Main Conger, Schueler & Mc $ 600.00 $ 1, 970.43 ADJOURNMENT McCAUGHAN MOVED that the meeting be adjourned at 9:40 p.m. , Carey seconded. Motion carried. Respectfully submitted, Betty Gray Deputy City 'Clerk 33 --