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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/06/1979 Kent, Washington August 6, 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 McCaughan, City Admini- strator Cushing, City Attorney Mirk, Planning Director Harris, and Public Works Director Ulett. Councilperson Masters was not in attendance. Also present: Planning Commissioner Hamilton and URS representative Jess Abed. Approximately 40 people were in attendance at the meeting. CONSENT McCAUGHAN MOVED that Items A - T on the Consent CALENDAR Calendar be adopted, with the exception of Items D, G, and H, Just seconded. Motion carried. Item D, the Condominium Conversion Ordinance will be discussed at the August 13 wor',- shop and 1tfir. G, the Lake Fenwick Restoration Pro- ject will be held nor future action. Item H, Outside Utility Requests, was removed from the Consent Calendar for `urther discussion at this meeting. MINUTES (CONSENT CALENDAR ITEM 5A) APPROVAL of the minutes of the meeting of July 16, 1979. STREETS (CONSENT CALENDAR ITEM 5N) Military Road Widening and Channelization at Kent-Des Moines Road. APPROVAL of Change Order #4 in the amount of $124 .10 as requested by Valley Cement Construction Co. , Inc. to provide additional pavement stripinq that was omitted on contract plans. The addition included approximately 1000 lineal feet of 4 inch white striping along the west side of Military Road south of SR 516 (fogline) and 150 lineal feet of 8 inch white striping on the west side of Military Road north of SR 516 to delineate an exclusive right turn lane as requested by the Traffic Engineer to assure traffic safety. (NOTE: Change Order #2 and #3 were required by the State but did not involve any monetary change in the total cost of the project. ) - 1 - August 6, 1979 STREETS (CONSENT CALENDAR ITEM 50) West Valley Highway Signals. AUTHORIZATION for the signing of the Kent/DOT agreement pre- ipared for the West Valley Highway Signal Pro- ject. The project has been budgeted and in- volves FAUS funds. (CONSENT CALENDAR ITEM 5P) LID 292 - 104th Avenue SE and SE 240th Street Improvement Project -_ Underground Conversion Agreement. AUTHORIZATION to sign the Under- ground Conversion Agreement submitted by Puget Power to underground their distribution system in the vicinity of the 104th Avenue SE and SE 240th Street improvement project. The City' s cost of $23, 505 is within the budget. (CONSENT CALENDAR ITEM 5S) LID 292 - SE 240th Street Construction Project. APPROVAL to sign the agreement with King County whereby the County will participate in the con- struction costs for the improvement of SE 240th Street east of 104th Avenue SE and will acquire the right of way required outside of Kent. The estimated cost to the County for such participa- tion is $79,544, exclusive of right-of-way. LID 294 Guiberson Street Improvement. The pub- lic hearing has been set for this date to con- sider the formation of LID 294 .to widen and/or reconstruct Guiberson Street from Van de Vanter Avenue to 850 feet east including open ditch storm drainage. Total project cost is estimated to be $25,000. Ulett described the project and the method of financing. The Mayor opened the public hearing. Upon Don Cattlett's question, Ulett stated that the project could proceed approximately the end of September if protests are not received. Cattlett noted that 830 of the people are in favor of the project. A letter was read from M. K. Gibbons opposing the project. JUST MOVED that this letter be accepted and made a part of the record, Carey seconded. Motion carried. ELLIOTT MOVED that the hearing be closed, P".cCaughan seconded. Motion carried. B. JOHNSON MOVED that the City Attorney be directed to prepare an ordinance creating LID 294, Carey seconded. Motion carried. - 2 - August 6, 1979 SOUTHCENTER The public hearing on this plat was continued CORPORATE to this date from the meeting of July 16. The PARK PRELIMI- matter was discussed at the July. 30 workshop, NARY PLAT iat which time Uplands presented a revised set of conditions of approval for the plat in the form of a 9-page letter from Executive Vice President H. F. Hansen dated July 27 , 1979 . At the direction of the Council, Jones & Jones, in conjunction with Jim Harris, Planning Director, reviewed the proposal and has sub- mitted a report dated August 2, 1979 , recommend- ing certain additions, deletions and modifica- tions. Both reports have been filed as a part of the official record. The continued hearing was opened by Mayor Hogan. John Hunt of Jones & Jones explained his report and the suggestions contained therein, and answered questions from the Council. Dave Uhrich of Uplands commented on the proposed changes and agreed with most of them. After discussion, some revisions were made by the Council. It was determined that Condition #1 would be changed to read: All buildings on the riverfront lots will be set back a minimum of 25 feet from the existing toe of the landward slope of the dike or 75 feet from the ordinary high water line, which- ever is the greater setback. Item #2 was clarified to show that staff recom- mendations on building development would be brought to a workshop for consideration, and then to a Council meeting for approval , at which time the developer' s comments or objections to the staff recommendation would be heard. It was noted that developments would be required to be within the bounds of the conservation easement regulations. Discussion of the refe- rence to the PUD in Condition #2 was clarified to mean that if a PUD ordinance is adopted by the city, it MAY be applied to the riverfront lots. It was decided that Item #3 would be changed to state that any building plan with respect to the riverfront lots will be presented in 5-acre tracts. -3- August 6, 1979 SOUTHCENTER After discussion of Condition #15, it was deter- CORPORATE mined that the conservation easement would be PARK PRELIMI- worked out satisfactorily before approval was NARY PLAT igiven for the final plat. Conditions 425 and #23 relating to public park- ing were discussed. Jones & Jones suggests that in addition to the 35 parking spaces pro- posed by Uplands at the north end of the plat, that 15 additional spaces be provided at the south end of the plat, along Russell Road, at the river. Uhrich did not agree with this and it was suggested that the public could use cer- tain parts of the business parking lots during off-business hours. McCaughan stated that many people now parked on the dike south of the plat on the city-owned easement. It was also sug- gested that the public could park on the streets in the plat in places marked for that purpose on weekends and during the evening hours. At Cushing 's suggestion it was decided that up to 10 or 15 spaces would be provided at the south end of the plat and this would be worked out as part of the conservation easement which will come back to the council before the final plat is approved. It was further determined that McCaughan' s reference to narking on the dike would also be considered at that time. There were no further comments and JUST MOVED to close the hearing, McCaughan seconded. Motion carried. JUST MOVED to approve the preliminary plat with the conditions listed in Uplands letter dated July 27, and Jones & Jones letter of August 2 , as amended at tonight' s meeting. Carey seconded. Motion carried. -4- August 6, 1979 RAILROAD (CONSENT CALENDAR ITEM 5R) CROSSINGS Burlington-Northern Predictor System Agreement. AUTHORIZATION to sign the agreement with Burling- ton Northern Railroad for installation of motion sensing equipment at the S. 212th Street and the S. 228th Street crossings. The construction cost is estimated to be $128 ,610. Financing will be needed in 1980 and will be partially funded by a federal grant of 90% . REZONE (CONSENT CALENDAR ITEM 5T) Coats Rezone. ADOPTION of Ordinance No. 2174 rezoning that certain property known as the Coats Rezone from M-2 to DC-2. ANNEXATION (CONSENT CALENDAR ITEM 5K) & ZONING Rowley No. 2 Annexation and Zoning Hearings. SETTING of public hearings on the Rowley No. 2 annexation zoning for August 20 and October 1 and the annexation hearing for October 1, 1979 . ZONING CODE Landscape Requirements. At its July 16, 1979 - AMENDMENT meeting, the City Council continued the hearing on this matter to August 6 to give the staff additional time to work with the Chamber of Commerce and the staff' s landscape architect to resolve problems with the proposed amendments. Meetings have been held but the final recommend- ation is not ready. B. JOHNSON MOVED that the hearing for the Landscape Amendment to the Zon- ing Code be continued to August 20, J. Johnson seconded. Motion carried. EAST HILL (CONSENT CALENDAR ITEM 5C) PLAN Update. AUTHORIZATION for the Planning Commis- sion to review and make recommendations to the City Council concerning the land use in the East Hill Plan in the vicinity of 116th Avenue SE between SE 256th Street and Kent-Kangley Road. BIDS 1978 Water Main Improvements. Bids were received on July 27, 1979, as follows: Robison Construction $73, 762 .12 DiOrio Construction $72 ,903. 40 -5- August 6, 1979 BIDS McCAUGHAN MOVED that the best bid of DiOrio Construction in the amount of $72,903.40 be accepted, Just seconded. Upon McCaughan' s question, Ulett noted that these were good tbids although the engineer' s estimate was considerably lower. He noted for Carey that all three schedules should be awarded to the same company, and even if they wanted to recall, there would not be time. Motion carried. HOUSING & 1980 Joint Projects, Housing & Community Funds. COMMUNITY Applications for 1980 Joint Projects are to DEVELOPMENT be submitted to King County by August 17, 1979. As discussed at July 23 workshop, the Mill Creek Earthwork Sculpture is an eligible pro- ject. The Kent Arts Commission requests the City submit an application for $85,000 for the construction costs of the Earthwork Sculp- ture. B. Johnson asked about a proposed mobile home park for senior citizens. Harris explained that the meeting scheduled for this week was a Citizen's Advisory Committee meeting, and it was determined that the mobile home park pro- ject might be a county project, since Kent knew nothing about it. The August 17 deadline is for projects to be considered for funding July 1, 1980 and the county has moved the deadline up to August 17 instead of the usual September deadline. McCAUGHAN MOVED that an application be submitted for 1980 Joint Projects, H & CD funds in the amount of $85,000 for the Mill Creek Earthwork Sculpture, J. Johnson seconded. Motion carried. 1979 Needs Fund H & CD. Applications are being submitted for the $105,000 available 1979 Needs Funds. As discussed at the July 23 workshop, the Kent Arts Commission requests the City apply for $34,000 for the URS design fee portion of the Mill Creek Earthwork Sculpture. JUST MOVED that an application be submitted for the 1979 Needs Funds for $34,000 for the Mill Creek Earth- work Sculpture, Carey seconded. Motion carried. it was determined that the $105, 000 was from 1979 "needs" funds which have not been allocated. The -6- August 6, 1979 HOUSING & Mayor noted that other cities and the county COMMUNITY will also apply for these leftover funds. B. DEVELOPMENT Johnson asked if the application would commit the city to this project. Mayor Hogan explained that it would mean that we were asking for $34,000 for the design fee portion of the pro- ject. She noted that the time schedule presented at the workshop showed that by December 1, the city must have on hand the money to be raised by the Arts Commission, the difference between the amount for the engineering project and the cost of Bayer' s proposal. Motion carried. HEALTH & LID 295. Notice has been given that a public SANITATION hearing will be held at this meeting upon the formation of an LID for a 10" sanitary sewer on 104th Pl. SE from SE 224ch north to a point approximately 450 ' north of SE 222nd ending in a cul-de-sac. The cost is estimated to be $105,436 and there are 21 parcels involved. The public hearing was opened by the Mayor. Ulett noted that the entire area is outside the city limits, and although the city can order such an improvement over the protests of the residents inside the city if a health hazard exists, he stated that he wasn't sure if the city could do so for an area outside the city. He pointed out that ordering such an improvement over protests totaling 60% required affirmative votes of ALL councilpersons, and stated further that some protests had been re- ceived. Jim Loranger stated that the project was originally proposed for the first block only and now had been enlarged to include the second and third blocks. He suggested that the project could be cut back, noting that most of the pro- tests were from the second and third_ blocks. Another resident of the area agreed with this, noting that in the original proposal over 50% of the residents were in favor of the project. Richard Goldsbary. concurred and noted that the King County Health Department had advised the city that a health problem existed. Ulett read the letter from Seattle/King County Health Dept. , noting that the county recommended that sewers be installed. CAREY MOVED to make the letter a part of the record. McCaughan seconded. Motion _.. carried. -7- August 6, 1979 HEALTH & Mr. Gerhards expressed concern as to the damage SANITATION which might be done to 103rd and 104th SE by the sewer installation. He also noted that residences near the bank would only be able to hook up one floor of their residences, and asked why the assessments weren't figured on the running foot basis. Judith Rose spoke in favor of the project and suggested that the whole area should be done at the same time. She noted however that she was not interested (LID 295) at all in being annexed to the city. Ulett noted that it would be more economical to do a larger area and that since the area was not contiguous to the city there was no proposal for an annexation. He pointed out, however, that LID participants would have to make a covenant with the city, stating that they would not oppose annexation if and when the area became contiguous to the city. He noted fur- ther that as alternatives, the city could re- duce the LID boundaries by deleting the north half of the proposed project or the proposal could be enlarged. Upon a question from Ger- hards, he noted that a development proposed for the area by Alpine Builders had nothing to do with this proposed LID. Gerald Ramey stated that a few years ago he had sought a connection to the line on SE 224th and was told that the line could not support any further connections. He opined that while he was in favor of the improvement, the cost was too high and that owners of vacant lots would benefit more than owners of single residences. Ulett noted that he was not aware of who gave the information about the line on SE 224th not being available, but that the information was erroneous. Ulett explained that this was an interceptor line. A question was asked about the manhole placed near Booth's property and if it was placed in the intersection so it could serve Booth' s mobile home park. Ulett explained that manholes were required at certain intervals and it was common engineering practice to place them in intersections if at all possible. -8- August 6, 1979 HEALTH & Goldsbary- noted that Merril Vesper of the SANITATION Engineering Department had sent a letter on July 17 stating that more information had been requested from the Health Department. Gil iAnthony stated that he was in favor of the project, that it had been a problem area for over 20 years, and stated further that an attempt should be made to include more property in an effort to keep the cost down. It was noted from the audience that the county street department had reported the presence of sewage in the storm drains, indicating that (LID 295) sewer lines were needed. Goldsbary stated that septic tanks in the area had to be pumped regu- larly. Bill Heaton of the King County Health Department noted that he knew of three resi- dences with definite problems and that there certainly would be more problems in the future. The Clerk noted receipt of letters of protest from Edward Wilson and Reuben Stegmeier. A petition against the proposal has also been filed bearing 12 signatures. (Stegmeier also signed the petition. ) JUST MOVED to make these communications a part of the record, Carey seconded. Motion carried. It was noted from the audience that a protest was mailed from Conrad Bloomquist. (This was received by the Clerk on August 7. ) Upon questions from the Council, Mirk noted that with the protests already received, the project may already be restrained, and that if the Council elected to order the improvement, overriding the protests, with a unanimous vote, it would be inconsistent to require annexation in order to connect to the line. Upon Cushing' s suggestion, the Council determined that more definite information was needed from the Health Department as to whether a health hazard actually exists and further that the information should be compiled on the possibility of expanding the boundaries of the proposed district. CAREY MOVED to continue the hearing to September 4 , McCaughan seconded. Motion carried. -9- August 6, 1979 HEALTH & (CONSENT CALENDAR ITEM 5E) SANITATION Kent Highlands Knoll - Mining Operation. ADOPTION of Ordinance No. 2172 approving Application CD-SU- Kent Highlands i79-2, an application of Kent Highlands, Inc. for a Special Use Combining District for purposes of mineral extraction in an area zoned RA and impos- ing conditions upon said approval and upon the extraction operations. (The public hearing was conducted on April 16, 1979 . ) Kent Highlands Sanitary Landfill. Ulett noted that he had talked to Wally Swafford of Environ- mental Services to see what had occured between the Seattle/King County Health Department and the City of Seattle regarding the Kent Highlands Sanitary Landfill and that the Health Department had not decided exactly what should be done. Swafford stated that even if covered with top soil or clay and seeded that it was likely that it would erode. He was also aware of pending court action, and acknowledged Ulett' s letter of July 17. He noted that there may be a joint meeting involving Kent, Seattle and the Health Department. Midway Site. Ulett noted that Seattle had been asked to provide complete contours for the Midway site, including beginning, present and what con- tours were proposed for the conclusion of the project. (CONSENT CALENDAR ITEM 5F) Garbage & Refuse Rates. ADOPTION of Ordinance No. 2173 changing the rates for collection of garbage and refuse and amending Ordinance No. 2165. (CONSENT CALENDAR ITEM 5J) LID Petition for 72nd Avenue S. REFERRAL to the Engineering Department of the petition requesting a utilities LID in the vicinity of 72nd Avenue S. from S. 180th Street southerly. -10- August 6, 1979 (Item H - Removed from Consent Calendar) HEALTH & Outside Utility Requests. SANITATION 1) Claymore Development Company previously t requested outside water and sewer service for two parcels lying east of 116th Avenue on the north side of Kent-Kangley Road. The parcels total 24. 8 acres and are proposed to be platted (Soos Creek Estates) for single family development. Denial is recommended because of the water supply shortage. 2) Fred H. Freudenberg has requested outside water and sewer service for a 1.12 acre parcel at the southwest corner of SE 248th Street and 104th Avenue SE. Denial is re- commended, both because of the water supply shortage and because a request for a county rezone to RM-900 is pending, which zoning is inconsistent with Kent's proposed zoning. McCaughan referred to the Claymore request and asked if it would become city policy to deny water service to plats due to the water shortage and if the city would restrict Water District 111 from supplying service consisting of Kent water supply, and if we would deny rezones, since any growth meant water usage. J. Johnson commented that he understood if the area was in Kent's franchise area that we would supply the service. McCaughan noted that the city should decide on whether this policy would be carried over to projects inside the city limits and suggested that this matter be discussed at a workshop. Ulett explained that the Freudenberg situation, dealing with a proposed county rezone in conflict with Kent's Comprehensive Plan, had not been dealt with before. McCAUGHAN MOVED to refer both items to the August 13 workshop, Elliott seconded. Motion carried. -11- August 6, 1979 PLATS (CONSENT CALENDAR ITEM 5L) Park Mar Easement Release. APPROVAL of the re- lease of a 10 foot easement which was required across the south edge of Lot 19, Park Mar Plat, °as temporary access to a tract dedicated to Kent until the adjacent plat of Eastridge Division #2 was filed. That plat has been filed and has provided permanent access. VALLEY Cushing announced that the next meeting on the STUDIES Valley Studies Program would be held on Monday, PROGRAM August 13th at 3 p.m. at the Kent Commons. WATER Water Meters. Ulett noted that Cascade Metal Structures had asked to be allowed to utilize two water meters for the S. Seattle Auto Auction project' s eight buildings , instead of the eight required by Ordinance 1776. He noted that the Water Superintendent had recommended the request be approved. ELLIOTT SO MOVED, B. Johnson seconded. Motion carried. (CONSENT CALENDAR ITEM 5I) Deferred Payment in Lieu of Assessment Requests. APPROVAL of the following requests for install- ment payments for water main charges as recom- mended by staff: Name Location Amount 1) LaCHANCE, Myrtle E. 10203 SE 264th $ 748. 80 2) ROYLANCE, Vero O. 10134 SE 264th $1,497. 60 Both are presently transmission main customers and are single family dwellings zoned for that use. (CONSENT CALENDAR ITEM 5M) Bill of Sale - Valley Publishing Co. - Water Main Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 205 feet of 12 inch, 1145 feet of 8 inch and 25 feet of 6 inch water main extension constructed in the vicinity of West Valley Highway and SR 516 for Valley Pub- lishing Co. and release of the cash bond after payment of any outstanding City bills against the project. -12- August 6, 1979 WATER Late Comer Agreement - Valley Publishing Co. - Water Main Extension. AUTHORIZATION for pre- paration of the necessary documents for a Late ,Comers Agreement as requested by Valley Publish- ing Company covering the above described water main extension. (CONSENT CALENDAR ITEM 5Q) Water System Telemetry Change Order. APPROVAL f the change order as r o ecommended by the Public Works Committee covering the addition to the contract of the following: 1) Addition of wiring in the panel for I the future West Hill Reservoir. . . . .$ 875.00 2) Addition of wiring and status lights in the panel for a future altitude valve at the 3. 5 million gallon re- servoir on 124th SE . . . . . . . . . . . . . . . $ 200.00 $1,075.00 FINANCE Personnel. B. Johnson noted that the Finance Committee will be considering reclassification requests later this month. She noted that Cush- ing had suggested that since the last salary study for the city had been done in 1968 , that such a study be done again by a consultant to determine if city salaries are competitive with private industry. It was determined that this matter would be brought to the Council when arrangements had been made, and that the Finance Committee approved of such a study. Out of State Travel. B. JOHNSON noted that the Finance Committee had approved the Mayor's request for out of state travel to the National League of Cities conference and MOVED for authorization. Just seconded. Motion carried. Mileage Allowance. Upon the Mayor's question, it was determined that the city would act on increas- ing the mileage allowance for use of personal ve- hicles from 15G per mile to 254�. -13- August 6, 1979 - FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through August 3, 1979 and approved iby the Finance Committee at its meeting at 3:00 p.m. on August 15, 1979. The following claims were approved by the Finance Committee at its meeting of July 31, 1979 : Current Expense 84, 406. 37 Parks & Recreation 21, 732.11 Library 1, 898. 37 City Streets 25, 547. 63 Central Bus Dist 2,254 .03 Kent Commons Oprtg 950.87 Fed Shared Revenue 1,073.92 Russell Rd Pk Ph II 547. 45 Smith/Cntl to 4th 22.98 S 180th WVH - EVH 462. 61 Mil/Kent-D/M Int 56. 57 UAB 13 - 84 Av S Con 1,075. 63 104 Ave 236 to 252 197. 46 1978 Wtr Rev Const 2 ,927.08 K-S Chlor Equip 47,013. 38 Equipment Rental 4 ,118. 35 Housing & Comm Dev 2 ,115. 08 Arts Commission 522. 28 Fireman's Relief & Pen 37. 88 LEFF Disability 4,785. 52 LID #283 51.43 Sewer 67,461.41 Water 27,475.06 Garbage 93, 017. 70 $389 ,751.17 Interest Bearing Warrants LID 283 Chicago Title $ 51. 43 ADJOURNMENT JUST MOVED that the meeting be adjourned at 10:15 p.m. , J. Johnson seconded. Motion carried. Marie Jensen, CMC City Clerk -14-