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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/20/1979 CORRECTED - REFER TO MINUTES OF .. Kent, Washington August 20, 1979 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. Present: Mayor Hogan, Councilpersons Carey, Elliott, B. Johnson, J. Johnson, Just and Masters, City Admini- strator Cushing, City Attorney Mirk, Planning Director Harris, and City Engineer Wickstrom. Councilperson McCaughan and Public Works Director Ulett were not in attendance. Also present: City Treasurer Drotz, Planning Commissioner Hamilton, and URS repre- sentative Abed. Approximately 40 people were in attendance at the meeting. AWARDS Mayor Hogan noted that Betty Gray, Records Manager & Deputy City Clerk, and Lin Mirk, Office Coordinator for the Planning Department, having passed the National examination, are now Certified Professional Secretaries. After explaining the courses required, the Mayor pointed out that of 2289 secretaries who took the examinations this year throughout the country, only 185 passed the entire exam. Betty and Lin were congratulated on having passed this comprehensive examination in their first attempt at it. Applicants are allowed five years in which to pass and only 23 Washington secretaries received a CPS rating this year. CONSENT CAREY MOVED to adopt Consent Calendar Items A - W, CALENDAR B. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. *APPROVAL of the minutes of the regular meeting of August 6, 1979 HEALTH & (CONSENT CALENDAR ITEM 5D) SANITATION LID 287 - 94th P1. S. Sewers. ACCEPTANCE of the Final Environmental Impact Statement for LID 287 as prepared by the Engineering Department for the sanitary sewer improvements for 94th Place So. , So. 218th Street and vicinity. (CONSENT CALENDAR ITEM 5I) Bill of Sale - Kent Vista Preliminary Plat Utilities. ACCEPTANCE of the Bill of Sale and Warranty Agree- ment for the utilities constructed for the plat of - 1 - -: -- August 20, 1979 HEALTH & Kent Vista in the vicinity of S.E. 232nd Street from SANITATION 112th Avenue S.E. to the center of Vista Court inter- section, for continuous operation and maintenance of said improvements and release of the cash bond after payment of any outstanding City bills against the project. (CONSENT CALENDAR ITEM 5V) Wastewater Management Plan. APPROVAL of the Mayor' s recommendation to suggest Dan Voorhees to the METRO Water Quality Committee for appointment to the Citi- zens Advisory Panel. The Panel is to study develop- ment of a Wastewater Management Plan for the Renton study area (East of Lake Washington from Enumclaw to Snohomish County) . WATER (CONSENT CALENDAR ITEM 5E) Water System Improvements. AUTHORIZATION to proceed with the studies on time schedules and approximate costs for the following projects as reviewed by URS, the City's consultants, at the August 13 workshop covering water supply needs, present and future, and the action required to meet said needs: 1) Predesign report for the Seattle intertie 2) Kent Springs geological investigation and Kent Springs Main predesign 3) Financial study Presentation by URS •of the results of such studies will be made at the Council workshop on August 27, 1979. (CONSENT CALENDAR ITEM 5C) Payment in Lieu of Assessment Policy. The Council policy adopted March 1, 1976 allowing payment in lieu of assessments to be spread over a period of time rather than paid in its entirety at the time of application, states as follows: 1) That installment payments must be authorized by the City Council 2) That a promissory note be executed and filed in the King County records 2 - August 20, 1919 WATER 3) That $10.00 be added to the amount of the charge in lieu of assessment to cover the cost of the note filing, the filing of the release and other City costs 4) That the note not include permit charges or water service charges 5) That the note not be for less than $300 6) That the note be for a period of five years or less 7) That the interest rate be 8% per annum on the unpaid balance APPROVAL of the following amendments to said City policy is hereby authorized: 1) Deletion of the requirement for City Council authorization so as to speed up the process. 2) Addition of the requirement that deferred payments are only applicable to properties which are zoned for single family or duplex use and that the property to be served not be included in an approved preliminary plat nor in a final plat filed within two years preceding the application, which requirement is intended to restrict the deferred payment program to non-commercial and non-developer use. West Hill Reservoir Site. The Mayor noted receipt of a copy of a letter from the Seattle Water Depart- ment, addressed to Harold Hanson, Property Division, General Services Administration, regarding the costs of relinquishment of an easement granted to the U.S. covering air rights on property to which the City of Seattle is attempting to acquire clear title with the intent to build a large water reservoir on such property in the future. The letter also noted that the City of Kent also wishes to lease a portion of this property for the proposed West Hill Reservoir and since Kent wishes to proceed with construction as soon as possible release of the restrictive ease- ment is necessary. STREETS (CONSENT CALENDAR ITEM 5F) SR 516 Flyer Stop Agreement. AUTHORIZATION for the 3 - August 20, 1979 STREETS Mayor to sign an agreement for the State to install a City requested Fire Pre-Empt System in the rebuild- ing of the signals at Military Road and SR 516 and at the I-5 Off Ramp and SR 516, based on the City picking up the local matching share of the grant. The total cost of the project will be $12, 331.80 with the City share to be $1, 233. 18. (CONSENT CALENDAR ITEM 5G) Military Road Widening and Channelization at Kent- Des Moines Road. ACCEPTANCE of the contract of Valley Cement as complete and release of the retain- age after receipt of the necessary State releases. (CONSENT CALENDAR ITEM 5P) LID 294 - Guiberson Street Improvement Project. ADOPTION of Ordinance No. 2175 ordering the improve- ment of a portion of Guiberson Street from Van de Vanter Avenue to a point approximately 850 feet east by the construction of a 22 foot wide street with asphalt pavement and open ditch storm drainage. ALLEY (CONSENT CALENDAR ITEM 5U) VACATION Alley Vacation - Marlatt Request. ADOPTION of Ordinance No. 2179 vacating a portion of an alley in Clark ' s Second Addition to the City of Kent, lying between Temperance Street and Smith Street, west of Clark Avenue. PRELIMINARY (CONSENT CALENDAR ITEM 5J) PLATS Foster Preliminary Plat. SETTING of September 4, 1979 as the date for a public meeting to consider the Foster Preliminary Plat, a 30-acre, 19-lot, industrial subdivision located on the east and west sides of 74th Avenue S. and north of S. 259th Street, which plat the Planning Commission recommended be DENIED because of inadequate ingress and egress. (CONSENT CALENDAR ITEM 5K) Olympic Estates Preliminary Plat. SETTING of Septem- ber 4, 1979 as the date for a public meeting to con- sider this 4.5 acre, 17-lot residential subdivision located at the southwest corner of S.E. 256th Street and 116th Avenue S.E. The Planning Commission recom- mended APPROVAL WITH CONDITIONS. 4 - August 20, 1979 PRELIMINARY (CONSENT CALENDAR ITEM 5L) PLATS Battisti Preliminary Plat. SETTING of September 4, 1979 as the public meeting date for the Council to consider the Battisti Preliminary Plat, a 2-lot residential subdivision located at the southwest corner of S. 218th Street and 93rd Avenue S. , which plat the Planning Commission recommended be APPROVED WITH CONDITIONS. ZONING CODE Amendment to Zoning Code Landscaping Requirements. The Mayor opened the continued public hearing on this matter. Harris noted that the consultant had made a proposal which was in line with the Planning Commission recommendations and also addressed some of the concerns 'of the Chamber of Commerce. The proposal was presented at a workshop session and the 10 page document entitled "Consultant's Proposal Landscaping Regulations - Revised August 6, 1979" has been made a part of the official record. Harris noted that Mirk had suggested that the maintenance bond could be handled by an assessment method and cover not just new landscaping, but existing land- scaping as well. He explained that after proper notice to the owner, the City would cause to have the necessary maintenance work done and would col- lect for the service as an assessment with the next year's property taxes. Jack Elder, Chairman of the Chamber Committee, noted that a letter from the Chamber had been presented tonight to all councilpersons. He noted that the Chamber has made the following recommendations after having studied the consultant's proposal: a) Delete the maintenance bond and treat failure to maintain landscaping a zoning violation. b) Make regulations the same for all industrial districts: The front 20 feet of front yard shall be improved with appropriate permanently maintained landscaping; at least 10 feet of the side yard shall be landscaped from the public right of way to the front building line. " 5 - August 20, 1979 ZONING CODE c) Landscaping requirements abutting Highway 167 and I-5 be deleted d) Landscaping a minimum of 10 feet abutting the public right of way be required in multi-family duplex residential (MR-D zones) rather than no landscaping requirements as proposed. Upon Just's motion, seconded by J. Johnson, the letter from the Chamber was made a part of the record. Upon questions from Masters, Don Bogard, Committee member, stated that he thought that these sugges- tions reflected the general opinion of the community, and Harris determined that the Planning Department would be responsible for enforcing the regulations. Harris commented on the Chamber's recommendations, noting that there was no problem with changing the maintenance bond requirement, and stated further that side yard landscaping was necessary in industrial areas to eliminate the possibility of rows of build- ings with only asphalt between them. He opined that landscaping along the freeways was absolutely neces- sary & clarified that duplex zoning (MR-D) differed from multi-family zoning in that most are built as one building per lot and therefore comparable to single family residential requirements. There were no further comments and CAREY MOVED to close the hearing. Just seconded. Motion carried. B. JOHNSON MOVED to approve as submitted the Consult- ant ' s Proposal for amending the Zoning Code, adding that the method for enforcing maintenance of land- scaping be by assessments against the property. Elliott seconded. Motion carried. ANNEXATION Rowley No. 2 Annexation. On July 24, 1979 the ZONING Planning Commission held a public hearing to con- sider the initial zoning for the Rowley #2 Annexa- tion which encompasses 31. 79 acres and is located south of S . 248th Street and west of 104th Avenue S.E. The Planning Commission recommends that this annexation be zoned MR-M, Medium Density Multi- Family Residential (23 units per acre) , subject 6 - August 20, 1979 ANNEXATION to a satisfactory road system being established for ZONING the annexed area and proper environmental controls being provided for the ravine. In accordance with. the Kent Zoning Code, it is mandatory for the Council to hold two public hearings, thirty days apart, on the initial zoning of a newly annexed area. The first of such hearings was opened by the Mayor. Harris noted that 104th Avenue S .E. is to be improved to a five lane highway in this vicinity. Referring to the ravine area, which encompasses approximately 9.73 acres, Harris noted that they would be working with the property owners to ensure protection of the ravine area and referred (ROWLEY #2) to the fact that the East Hill Plan designates this area as recreational use. R. L. Hastings, a developer, suggested that the zonin - g be approved as recommended by the Planning Commission. He pointed out that it was his belief that they had developed an acceptable street system. Tom Groszek, a property owner in the area, noted that w i e the widening of 104th Avenue S .E. might help relieve some of the traffic congestion in the area it would not help Canyon Drive which was already handling its capacity of traffic at the present time. He referred to the amount of traffic which would be generated by MR-M zoning and asked that the MR-M zoning not be approved. He also referred to the lack of sewer and water services and suggested that the City should be able to provide these services before an area is annexed. In response to Elliott 's question, Harris clarified that the 23 units per acre was for the entire area, including the ravine, and that the owners will want to build at a density figured on the entire annexation (23 units per acre times 31 acres) . It was determined that the ravine consisted of 9 acres, roughly 1/3 of the entire annexation. There were no further comments and B. JOHNSON MOVED to continue the hearing to October 1, 1979, Carey seconded. Motion carried. REZONES Earl McLaughlin Rezone - MA to M-1. This public .hearing was continued to this date from the July 16 (McLAUGHLIN) meeting. It was noted that the rezone falls under the IPP Ordinance No. 2164 and that the proposal - 7 - August 20, 1979 REZONES encompasses approximately 4.82 acres, South of S. 212th Street directly east of the KOA campground, approximately 1100 feet east of Russell Road. The Planning Commission held a public hearing on this proposal on June 26, 1979 and has recommended that the application be denied. The continued public hearing was opened by Mayor Hogan. Mr. Parker, representing the McLaughlins, stated that this is an industrial site, has sewer and water facilities, but would need some fill. He noted that the request is within the scope of the Valley Floor Plan and they are willing to sign an agreement regarding future ongoing studies and that as senior citizens they would like to sell this property as soon as possible so as to realize the benefits now. Mirk determined for the Mayor that he had discussed the proposed agreement with Parker and that the dollar figure had been deter- (MCLAUGHLIN) mined, and would now have to be approved by the McLaughlins. Carey noted that this area was within the scope of the IPP. Cushing noted that there could be a possible exception if the Council applied M-1 zoning now and if the portion of the IPP devoted to land use came back with a recommendation other than M-1 for that particular piece of property, then that portion of the IPP's findings or recom- mendations would not apply, but the portions deal- ing with traffic, drainage or the Green River Corri- dor would apply. Mirk noted that land use was not part of the original proposal, it was for three studies--transportation, surface water drainage and Green River Corridor--and that the agreement, as part of Ordinance No. 2164, states that the applicant must share in the cost of these three studies and be bound by the results of such studies. B. Johnson suggested that the ordinance could be amended to include land use. Mirk noted that at. the time the studies were initiated, no one contem- plated that land use would be so important. He further commented that the studies may show that. it is no longer economically feasible to have M-1 8 - August 20, 1979 REZONES zoning in Kent. He pointed out that while land use was not a factor when the studies were initiated, that the importance of it became more evident once the consultants started the studies. Masters noted that she was familiar with this piece of property and that there was a surface water prob- lem. She noted also that the owners were assessed for industrial development and for this reason was reluctant to flatly deny the rezone request. Cushing (McLAUGHLIN) noted that the consultants had estimated that the land use portion of the study would be ready to be presented to the Council for discussion the first week in October. He suggested as an alternative the Council could continue the hearing to the first week in November as they would have the information from the consultants by that time. J. Johnson sug- gested that the application could be denied without prejudice, but it was determined that this might necessitate another hearing at the Planning Commis- sion level. There were no further comments and B: JOHNSON MOVED to continue the matter to the November 5, 1979 Council meeting, Carey seconded. Motion carried. Union Pacific Land Resources - MA to M-1 and M-2. On May 22, 1979, the Planning Commission held a public hearing on an application filed by Union Pacific Land Resources Corporation for a rezone from MA, Industrial 'Agricultural, to M-1, Industrial Park District, and M-2, Limited Industrial, zoning. (UNION The subject property contains approximately 350 PACIFIC acres lying between the West Valley Highway and LAND the Green River, north of S. 228th Street and south RESOURCES) of S . 216th Street, extended. A Planning Commission motion to approve the rezone was defeated and no subsequent motion was made. The area of the subject rezone falls under the Interim Planning Program Ordinance No. 2164, which requires that an agreement be signed. The public hearing an this matter was opened on June 18, continued to July 16, and continued again to this meeting. The hearing was reopened by Mayor Hogan. 9 - August 20, 1979 REZONES Dave Uhrich of Uplands noted that the application had been filed in October of 1978 and had been delayed by the Valley Floor Plan Study and then by the Interim Planning Program. He asked that the rezone be approved upon the condition that Uplands would agree to -sign the IPP documents. He stated that if the river area was of special concern to the Council, that that portion could be deleted temporarily and the remainder of the parcel approved. Upon questions from Masters, Uhrich further stated that if the Council wished, he would change the zone request to M-1 for the portion along the river and along the West Valley Highway. Upon Masters ' question, Mirk determined that the studies would inform the City as to the economic impact of continuing to develop land. (UNION PACIFIC Cushing clarified that the studies will take some LAND different development scenarios_, including RESOURCES) one based on current zoning and present several alternatives showing the impact of development con- cepts from an economic standpoint, including the impact on revenue, Police and Fire services, utilities, etc. After the study all the impacts will be known and the Council will have guidelines upon which to base development decisions. Mirk clarified for Elliott that if the Corridor Plan is in conflict *ith the Valley Floor Plan it is possible that amendments to the Valley Floor Plan would necessitate repeating the public hearing process. Carey noted that a land use study was needed in conjunction with the storm water run-off study, and in effect we do now have a moratorium until the IPP is complete. Masters commented that the scope of the studies has broadened considerably and that the purpose was to determine what the physi- cal impact of development would be on the properties involved. Jon Johnson noted that rather than catering to developers, the City must first think of the effects 10 - - August 20, 1979 REZONES of the property use .on the City with relation to services required. Uhrich objected to further delays, stating that the City had added another (UNION facet to the study by the reference to land use. PACIFIC He noted that Uplands had agreed to all of the LAND City's requirements, but that the City was constantly RESOURCES) adding further restrictions. JUST MOVED to continue the hearing to the November 5, 1979 meeting, B. Johnson seconded. Motion carried, with Elliott voting nay. Gordy Guinn - RA to MR-M. On July 24, 1979, the Planning Commission held a public hearing on an application filed by Gordy Guinn for a rezone from RA, Residential Agricultural, to MR-M, Medium Density Multi-Family Residential, zone. The subject property contains 2.8 acres lying north of S. 208th Street, east of the Valley Freeway (SR 167) , and approxi- mately 300 feet west of 92nd Avenue S. The Planning Commission recommends that this rezone be DENIED for the following reasons: (GUINN) 1) The proposed rezone does not correspond with the Valley Floor Plan presently in existence. 2) The utilitities (streets and roads) are not suf- ficient to handle the increased traffic this development would generate. The public hearing was opened by the Mayor. Gordy Guinn noted that the MR-M zoning would allow 60 to 65 units on the property, but that he had since changed his plans and would like to put 4 or 5 four-plexes on the property under MR-G zoning. He pointed out that MR-G zoning would allow 16 units per acre but that he planned on 20 units for the entire parcel. Harris determined that this was a plateau and that some years ago it was thought that the hillside would contain high density housing in the future. Harris clarified that the Planning Com- mission recommendations were based on a request for MR-M zoning, and, in fact, Guinn was now asking - 11 - August 20, 1979 REZONES for MR-G zoning. Elliott noted that MR-G zoning would allow 16 units per acre which would be too high a density. At Elliott 's question, Harris explained the restrictions for duplex zoning. Wickstrom expressed concern as to the condition of S. 208th. Guinn stated that S. 208th would be improved up to 92nd Avenue S. in accordance with the City ' s standards. (GUINN) There were no further comments and CAREY MOVED to close the hearing. J. Johnson seconded. Motion carried. Mirk clarified for Masters that the Council could approve the rezone for a lower density than that requested. ELLIOTT MOVED to approve the rezone to MR-G with a maximum of 20 units for the entire parcel, subject to improvement of S . 208th to 92nd Avenue S. to the satisfaction of the City Engineer, Just seconded. Motion carried. BUILDING (CONSENT CALENDAR ITEM 5R) Condominium Conversion. ADOPTION of Ordinance No. 2177 regulating the conversion of residential rental units to condominiums or cooperatives. B. JOHNSON MOVED to accept for the record a letter from Mr. Gulick, attorney for Arrow Development and the Mueller Group, asking for delay of this ordinance. Just seconded. Motion carried. HOUSING & (CONSENT CALENDAR ITEM 5M) COMMUNITY Korry Field Improvements. AUTHORIZATION for the DEVELOPMENT Mayor to sign an amendment to the Housing & Com- munity Development Block Grant project entitled "Korry Field Improvements" to allow the inclusion of softball backstops as an additive alternate. (CONSENT CALENDAR ITEM 5W) Consortium Membership. AUTHORIZATION for the Mayor to write a letter to Housing & Community Development indicating Kent ' s intention to remain a member of. the Consortium for the program year beginning July 1, 1980. 12 - August 20, 1979 KENT COMMONS (CONSENT CALENDAR ITEM 5M) Change Orders No. 9 and 10. APPROVAL of the following owner-initiated change orders as recommended by the Parks Department and Ted Bower Associates: Change Order No. 9 1) In gymnasium, provide and install Richard Wilcox automatic electrically operated movable partition with related work and materials required for a finished and complete partition and separation be- tween areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56,537 Change Order No. 10 1) Delete floor anchors and plates in gymnasium and floor anchors in gymnas- tics room. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ 588) 2) Floor finish changes in toilets and lockers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,628 3) In office 163 provide C-4 ceiling finish (painted 6WB) , in lieu of the Cl finish, (Accoustical material Type 1) to provide a ceiling match and continuous with the ceiling of Entry 162. . . . . . . . . . . . . . . . . . . . . 583 4) Provide deadbolt lock system between Phase 1 and Phase 2. . . . . . . . . . . . . . . . . . . . . . 193 5) At door 166A and door 163B, provide and install lock sets in lieu of latching hardware. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 6) Move metal duct closer to wall and build framed enclosure. . . . . . . . . . . . . . . . . . . . . . . . . 11, 187 7) Delete VAT and provide in place carpet to Room 183 (behind handball courts) and spectator risers and stairs to ground floors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 873 8) Extend west sidewalk foundations to bot- tom of ditch. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 522 17, 500 The addition of the movable partition and other 13 - August 20, 1979 KENT COMMONS changes and additions have been previously discussed with the Council. Adequate monies are available from the combined contingency/grant matching alloca- tion. INSURANCE (CONSENT CALENDAR ITEM 5Q) Liability Protection. ADOPTION of Ordinance No. 2176 providing liability protection -for elected officials, municipal employees and members of City boards or commissions. POLICE (CONSENT CALENDAR ITEM 50) DEPARTMENT Out of State Travel. APPROVAL for Officer Robert McCurdy to attend the Industrial Security Annual Seminar in Detroit, Michigan September 17 through September 20, 1979, at a cost of $972, for which funds are budgeted. MEETINGS The Mayor noted that Congressman Mike Lowry would be holding a public meeting in the Kent Council Chambers/Court Room on Wednesday evening from 7 to 9 p.m. , August 22, to meet with interested citizens to discuss local concerns. Metro/King Co. Merger. Notice has been received that the committee.-of-the--whole of the King Co. Council will meet on Friday, August 24, at 9:30 a.m. to discuss the proposed consolidation of Metro and King County. Open House. The Mayor announced an .invitation to the Council to an open house being held by Townsend, Chastain & Associates at their new building at 409 S. 3rd on August 24 from 3:00 to 7:00 o'clock p.m. COUNCIL Public Works Committee. It was noted that the COMMITTEES Public Works Committee would meet Wednesday morning, August 22, at 8: 15 a.m. FINANCE (CONSENT CALENDAR ITEM 5T) Planning Department Fee Schedule Amendment. ADOPTION 14 - August 20, 1979 FINANCE of Ordinance No. 2178 amending Section 1 of Ordinance No. 2171 relating to schedule of fees for applica- tions filed with the Kent Planning Department. (CONSENT CALENDAR ITEM 5H) Segregation Request - LID 282. APPROVAL of the request of Taki Nagasawa for segregation of Assessment No. 21, LID 282, and AUTHORIZATION for the City Attorney to prepare the necessary resolution. (CONSENT CALENDAR ITEM 5B) Approval of Bills. AUTHORIZATION for payment of the bills received August 21, 1979 and approved by the Finance Committee at its meeting at 3:00 p.m. on August 31, 1979. The following claims were approved by the Finance Committee at its meeting of August 15, 1979: Current Expense $ 73,894.09 Parks & Recreation 21,726.36 Library 263. 25 City Streets 11,641. 27 Kent Commons Operating 1,074.06 Federal Shared Revenue 1, 189.34 Russell Road Park Ph. II 1, 542.50 Kent Commons, Ph. I Construction 1,800.00 S. 180th/WVH-EVH 870.21 Mil/Kent-Des Moines Intersection 5, 362.62 Kent Commons Phase II Construction 97,890. 27 UAB 13 - 84th Ave. S. Construction 21.06 104th Ave. S.E. - 236th-252nd 6.00 1978 Water Rev Construction 106. 25 Equipment Rental 16,618. 28 Housing & Community Development 6, 224. 24 Unemployment Trust 1, 149.69 Workmen' s Compensation 1,711.99 Fireman' s Relief & Pension 37.88 LEFF Disability 4,857.36 Sewer 5,418.02 Water 22,472.99 Garbage 224. 25 $276, 101. 98 - 15 - August 20, 1979 ADJOURNMENT JUST MOVED that the meeting be adjourned at 9:45 p.m. , Carey seconded. Motion carried. Marie Jensen, CMC City Clerk 16 -