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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/17/1979 Kent, Washington September 17, 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, Masters and McCaughan, City Administrator Cushing, City Attorney Mirk, Planning Director Harris and Public Works Director Ulett. Also present: Assistant Fire Chief Freelove and URS representative Abed. Approximately 50 people were in attendance at the meeting. CONSENT J. JOHNSON MOVED that Consent Calendar Items CALENDAR A - K be adopted. Item L was removed at the request of B. Johnson. Carey seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 4, 1979 with the following correction: "Union Pacific Land Resources Rezone (p. 16-17) : "Carey stated that his reason for taking this action was because the Council and developers in _ the area covered by the IPP had met before the studies were initiated and agreed that the re- zones would be processed and would be losing the effect of special zoning. " HEALTH & (CONSENT CALENDAR ITEM 51) SANITATION Outside Utility s. APPROVAL of the re- Request quest of Jan Kofranek for outside sewer service for 1.75 acres lying east of 132nd Avenue approx- imately 465 feet south of SE 272nd Street (Kent Kangley Road) , subject to the requirements of Resolution 822. (CONSENT CALENDAR ITEM 5F) LID 295 - 104th Avenue S.E. Sewers - S.E. 224th - S.E. 222nd. ADOPTION of Ordinance No. 2184 ordering the improvement of a portion of King County by the installation of a 10-inch sanitary sewer together with necessary appurtenances on 104th Place S .E. from S.E. 224th to a point approx- imately 450 feet north of S .E. 222nd Street. Downtown Sanitary Sewer Replacement Bids. Bids were opened on this project on September 12, 1979 with the apparent low bidder being King Construc- tion Company with a bid of $368,087 .00 . _Mirk - 1 - September 17, 1979 HEALTH & noted that it was the recommendation from staff SANITATION that the Council wait until 'the October meeting to award the bid. He explained that there appeared to be a problem with one of the bids and there was only a difference of $12.51 between the two low bids. He noted that the attorneys for both bidders were in attendance at the meeting and that both bidders indicated they would have ample legal authority to support their positions. He added that the two would submit their respective briefs showing their legal positions and after his review, a recom- mendation would be made to the Council. In accordance with the City Attorney's recommenda- tion, B. JOHNSON MOVED to hold awarding of the bid until the October 1 meeting, Carey seconded. Motion carried. WATER (CONSENT CALENDAR ITEM 5G) Vicinity of 112th Avenue S.E. and S.E. 256th Water Main Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement and release of the cash bond when all outstanding City bills _ have been satisfied for the water extension for this project consisting of approximately 1,280 feet of 8" water main. LID 286 - 76th Avenue S. Water Main Extension. Bid opening was September 7, 1979, with the apparent low bidder being DiOrio Construction Company with a bid of $144,536.89 . The Engineer- ing Department recommended acceptance of the bid. CAREY MOVED that the best bid of DiOrio Construc- tion Company in the amount of $144,536.89 be accepted, J. Johnson seconded. Motion carried. (CONSENT CALENDAR ITEM 5H) Kent-Tukwila Water System Intertie. APPROVAL of Change Order #2 in the amount of .51,605.66 from Ralph Co. , Inc. for the revision per the connection to the existing water main. STREETS Certified Agency. The City of Kent meets all the requirements of the Washington State Depart- _. ment of Transportation to become a certified agency to advertise and award bids for Federal Public Works programs. Mirk noted that he had 2 - September 17, 1979 STREETS been concerned because of the language in the agreement which would require the City to indem- nify both the State and City government, even against their own negligence. For that reason he was unwilling to recommend that type of con- tract to the Council. After repeated efforts he finally had contacted Keith Egan of the State Department of Transportation who would not give a reason as to why they refused to remove that particular language from the certification agree- ment. Egan did state- that once the certification agreement was signed, they would deal with the situation and proceed on a project by project basis and the language could be changed in sub- sequent contracts. Mirk stated that after check- ing into it further, he found that there was really no liability that the City could incur by entering into the certification agreement because it is simply the State's message to the City that they feel we are competent and qualified to do our own advertising and awarding on bids and specifications on State and Federal aid pro- jects. He added that he no longer had any re- servations about signing the agreement and that Don Wickstrom had assured him that it would save the City considerable time and money. JUST MOVED that the Mayor be authorized to sign the agreement with the Washington State Department of Transport- ation, Elliott seconded. Motion carried. RAILROAD S. 196th Street. The Mayor noted receipt of a CROSSINGS letter from Upland Industries requesting a grade crossing on S. 196th Street and noted that it would be referred to the Public Works Committee. FIRE (CONSENT CALENDAR ITEM 5J) DEPARTMENT Bonds for Fire Department Equipment. ADOPTION of Ordinance No. 2185 providing for the acquisition of certain equipment for the Kent Fire Department,. providing for the borrowing of a total of not to exceed Four Hundred Fifty Thousand Dollars ($450,000) and issuing and selling negotiable general obligation bonds in such amount to pay the cost thereof, such bonds to be payable by annual tax levies to be made without limitation 3 - September 17, 1979 FIRE as to rate or amount, declaring an emergency, DEPARTMENT and providing for the submission to the qualified electors of the City at a regular election to be held November 6, 1979 of the proposition of in- curring such indebtedness and issuing such bonds. PARKS & (CONSENT CALENDAR ITEM 5C) RECREATION Lake Fenwick Restoration Project. AUTHORIZATION for the Mayor to sign a contract with URS Company in the amount of $152,700 for engineering services for the Lake Fenwick Restoration Project. Ninety percent of the total project amount will be reim- bursed by the Department of Ecology and the Envir- onmental Protection Agency. (CONSENT CALENDAR ITEM 5L) Hiring of Related Employee. APPROVAL to hire the wife of a City employee to teach an art class as recommended by the Finance Committee. The husband is an employee in the Equipment Rental division. KENT COMMONS (CONSENT CALENDAR ITEM 5D) Phase II Change Order #11. APPROVAL of Change - Order #11 which will grant W. G. Clark a 20 work- ing day extension to the Kent Commons Phase II contract and will reduce their contract amount by $3,730 by substituting a Modern Fold door for the Richard-Wilcox movable partition approved under Change Order #9 . OUT-OF-STATE (CONSENT CALENDAR ITEM 5E) TRAVEL NIMLO Conference. APPROVAL for the City Attorney to attend the National Institute of Municipal Law Officers (NIMLO) annual meeting November 11 - 14 , 1979 in Los Angeles. Cost is estimated to be $587. There is sufficient money in attorney's budget to cover the cost. ARTS (CONSENT CALENDAR ITEM 5K) COMMISSION Kent Endowment for the Arts. ADOPTION of Ordinance No.. 2186 creating a special fund to be known as the Kent Endowment for the Arts Fund. 4 - September 17, 1979 Eastridge Division #3. The Final Plat of East- FINAL PLAT ridge Division No. 3 has been signed by the City Engineer and Planning Director. To comply with the Subdivision Ordinance regulations, a meeting before the City Council is scheduled for this date to approve, disapprove or return the plat to the applicant for modification or correction. JUST MOVED that the final plat of Eastridge Divi- sion No. 3 be accepted with the conditions of (EASTRIDGE DIV. #3) preliminary plat approval, McCaughan seconded. Mirk noted that it was necessary for the Council to discuss Condition #6 of the preliminary plat approval which reads as follows: "6) The City should be directed to promptly institute condemnation processes to ac- quire the necessary right-of-way for im- provement of SE 232nd Street as a full width street (improvements to be made by applicant. ) " Ulett referred to a memo which had been sent to - the City Administrator in June suggesting and recommending that Condition No. 6 be dropped as a condition of the Final Plat approval for seve- ral reasons, namely the time involved, the cost of acquiring the right-of-way which was to be at City expense and also the belief that when the Gerber property, which would have to be acquired, is platted or developed in some manner that the right of way would be automatically acquired. The street would then be improved at the expense of the then owner of the Gerber property. He noted that Mr. Gerber, while he has no plans to develop the property himself, is unwilling to donate the required property or to sell it but intends to leave it to his children to use as they see fit. Ulett also referred to a statement in the memo, after talking with the Traffic Engi- neer and viewing the street in question, that there would be no particular hazard involved. Since that time the Traffic Engineer has looked at it again and now feels there is a potential hazard because of a jog in the centerline and the possi- bility of a car wanting to go straight through 5 - September. 17, 1979 FINAL PLAT and crossing over into the other lane. It is now Olson' s opinion that the City should pro- ceed with the proposed widening and acquisition of the right of way as soon as it can be budgeted and accomplished, but that in the interim the problem could be handled by putting up stop signs and doing some buttoning. Ulett stated for Mayor Hogan -that it was his recommendation that the condition should be dropped as part of the final plat approval. In response to B. Johnson's question, Ulett noted that the street has two paved lanes and is a half street con- structed in the entire 30 ' right of half. He noted there will be sidewalks on one side which are not constructed as yet but still bonded, over against the property line, a 6" thick curb and the remaining 243�1 , less a small drainage ditch, has been paved. B. Johnson suggested that the Council have the opportunity to view (EASTRIDGE DIV. #3) the site and MOVED to table the matter for two weeks, Carey seconded. Motion carried. Mirk reported later in the meeting that he had dis- cussed the matter with Mr. Rice, the developer, and Mr. Rice has agreed to allow the condition to remain as part of the final plat approval if the plat could be approved at this meeting. Mr. Gerber, owner of the property needed for the necessary right-of-way, clarified that he was not interested in selling the property and sug- gested that if Mr. Rice wanted the plat to be approved, the condition should be dropped at this time. B. JOHNSON MOVED to remove the matter from the table, Just seconded.- Motion carried. In response to B. Johnson' s question as to whether the property, could be acquired by con- demnation, it was determined that the problem that now exists is the time limit for approval of the plat which would run out before the pro- perty is developed. Ulett suggested that the traffic problem could be handled as previously suggested and also noted for Masters that there is adequate right-of-way for moving the traffic but that no parking would be allowed in the right-of-way. He clarified for McCaughan that it was his recommendation that Condition No. 6 be removed, and if there is a need for additional 6 - September 17, 1979 FINAL PLAT widening preceding any kind of development of the Gerber property, it would be handled at that time and tied to the Gerber plat. McCAUGHAN MOVED that the Final Plat of Eastridge Division No. 3 be accepted with the conditions of prelimi- nary plat approval with the elimination of Condi- tion No. 6 as set forth above, Carey seconded. Motion carried, with A. Johnson voting nay. CONDITIONAL Robert F. Voie has filed an appeal -of the Planning USE PERMIT Commission's action of August 28 , 1979 in which APPEAL they approved the Kangley Center Conditional Use Permit filed by Richard Gradwohl, with the follow- ing conditions: 1) Applicant execute and record a covenant docu- ment encompassing all property per this appli- cation consenting to the formation of a local improvement district for the improvement of Kent-Kangley Road with asphalt concrete pave- ment, widening, cement concrete curb and gutter, storm drainage, cement concrete side- walks, street lighting and underground power. The covenant document to be reviewed and approved by the Engineering Department prior to its execution and recording. 2) Development to be per Exhibit "A" (Plot Plan submitted by applicant showing location of buildings, landscaping, etc. ) At its September 4 meeting the Council set a public hearing for this date to consider this appeal. The public hearing was opened by the Mayor. Harris determined that the Planning Commission approval would allow a maximum of 50% of retail activities in an "O" zone. He pointed out the location of the proposed facility on a map which has been marked Exhibit "A" and has been made a part of the record. The property is on the north side of the Kent-Kangley Road just northwest of the intersection of S.E. 108th. Harris noted that the Planning Commission approval allowed for a 20 ' buffer strip between the residential area and the office zoned area. Richard Gradwohl, the 7 - September 17, 1979 CONDITIONAL developer and Dennis Neifert, architect, ex- USE PERMIT plained the plan for a two-story office build- APPEAL ing utilizing the lower floor for retail use. He pointed out the location of the proposed building as being as close to Kent-Kangley as possible to provide the majority of the parking spaces along the westerly border abutting the existing restaurant parking. Neifert explained that under the present zoning the building could be erected as planned, with no problems if it were used only for office space. He noted that the Planning Department felt that the concept was a responsible plan since the building was being constructed away from the residential area with the maximum buffer zone and that everything was being done to minimize the im- pact on the residential area. Mr. Gradwohl noted that they had contacted a number of per- sons who were owners of property which could be affected by the proposed plan and that Mrs. Norma White and Mrs. June Krekow had submitted a petition setting forth their reasons for favoring the plan. CAREY MOVED to make this petition a part of the record, McCaughan seconded. Motion carried. Gradwohl also stated that the proposed usage of the building as 50% office and 50% small retail would show more consideration for the community than if the building were 1000 office, which could mean that a facility such as a bank could locate there, and the impact on the community would be far greater. Robert Voie, who filed the appeal, referred to objections made by the group who had attended the Planning Commission meeting and his conten- tion that his group was not given a fair hearing. He stated that property values in the area would go down as a result of the permit. In response to Mayor Hogan' s question, Harris noted that the building that was being discussed did fit in the present zoning of the property. He also deter- mined for B. Johnson that a three-story office building could be built on the property and that it could be placed to the rear of the property as long as the rear, front and side setbacks 8 - September 17, 1979 CONDITIONAL were provided. Beckler stated that her pro- USE PERMIT perty was directly on the other side of the APPEAL property Mr. Gradwohl was referring to and that her property had had "O" zoning for approximately eight or nine years. She sug- gested that the Gradwohl plan for development would benefit everyone and pointed out the proposed street improvement project now being undertaken by the State which would provide for 5 lanes with the fifth lane being a left turn lane. Mrs. Voie noted that she had been a resident of the area for 23 years and that similar requests had been before the Planning Commission in past years and never -approved. June Krekow noted that her property is adjacent to the proposed building and stated that she would prefer to have a commercial type building rather than a three-story office building. Jack Olson expressed dissatisfaction with the proposecT development because of the traffic congestion which already exists in the area and also his opposition to more retail establish- ments in the area. Mrs. Benson voiced her sup- port of Mr. Voie's objections but also stated that the area was already zoned for office and that she had no objections to an office building being constructed on the site, but did object to the retail usage. Mr. Benson concurred with her statements but also questioned whether any consideration had been given to the water problem which exists in the area. Neifert clarified for the Council that the building to be constructed contained about 10,000 square feet, 5,000 of which would be used for retail purposes. He opined that this was not out of proportion to the area and also stated that he did not believe a limited retail activity of this type would greatly affect the traffic in the area. Mr. Voie presented pictures to the Council showing the overgrown blackberry bushes on Mrs. Krekow' s pro- perty and opined that the project in question would clear up this mess for Mrs. Krekow. Gradwohl pointed out that the 20' buffer strip would not be required if the building were to be for office usage only. He noted that a fence would be in- 9 - September 17, 1979 CONDITIONAL stalled at Mrs. Krekow's request between her USE PERMIT property and the proposed development. Gradwohl APPEAL also noted that insofar as development is con- cerned, it would be cheaper to build a three- story office building and clarified for the Council that if the permit were denied, it was intended to redesign the building strictly for office usage and it would be three stooreies and nex- placed to the rear of the property. pressed disagreement with Mr. Voie that retail establishments were not needed in the area. Doug Gesler and Voie expressed concern that there was an implied threat that if the citizens ob- jected to the Conditional Use Permit the developer would in fact build a three-story office building. Mr. Voie has submitted a packet to the Council containing copies of 8 letters written to the Planning Commission objecting to the Conditional Use Permit. B. JOHNSON MOVED to make all corres- pondence received a part of the record, Carey seconded. Motion carried. Harris clarified for B. Johnson that the 20 ' buffer strip required was a condition imposed by the Planning Commission and was 10 more than that required by the Zoning %ode. He also determined for Elliott that no more than .50% could be used for retail use. Responding to Masters' questions, Harris noted that the size of the building limited the types of retail us- age to facilities such as a beauty shop, hobby shop, yarn shop or shops of this nature. Gradwohl confirmed for Masters that a fast food service establishment would not be compatible with the office usage. Harris clarified also for Masters that drive-in restaurants, service stations, drive-in cleaners were specifically not allowed in this conditional use permit. There were no further comments and CAREY MOVED that the hearing be closed, B. Johnson seconded. Motion carried. McCAUGHAN MOVED that the action of the Planning Commission be upheld, Just seconded. B. Johnson noted that she would vote against the motion, basing her decision on the fact that an attempt had been made to zone this property CC (Community - 10 - September 17, 1979 CONDITIONAL Commercial) last year. The Planning Commission USE PERMIT had approved that request with conditions, but APPEAL that the Council had denied it. Masters stated that if retail is an accepted use in an "O" zone, it should be specifically identified as such, and since it was not so identified, she would vote against the motion. Motion carried, with B. Johnson and Masters voting nay. HOUSING & Harris noted that Kathy Osen, Associate Planner COMMUNITY for the City, had received notice from HUD that DEVELOPMENT she had been selected to participate in the 1979-80 HUD Intergovernmental Management Pro- gram. He explained that Ms. Osen was one of 25 selected throughout the country for partici- pation in a 13-month internship and educational program for people working with the Housing & Community Development programs. The program will start in November and last until December 1980 and HUD will reimburse the City for 75% of Ms. Osen' s salary. Harris explained that a portion of her salary is now paid by Housing & Community Development and that there would only be a matter of $3, 282 to be funded by the City. He noted that this was an honor for Ms. Osen and also for the City in that the other selections were made from larger cities. Upon questions from the Council, he noted that since HUD will reimburse for 75%, the Planning Depart- ment could hire someone to fill in for Ms.. Osen. He noted that she would be asked to sign a statement agreeing to work for the city at least one year after her return. Cushing con- curred with Harris that this was a fine oppor- tunity for Kent to learn more about the inner workings of the block grant program. Inasmuch as the acceptance deadline is this week, Cushing suggested that the Council could approve the concept and give authority to the Finance Com- mittee for final approval later this week. McCAUGHAN -SO MOVED, B. Johnson seconded. Motion carried. (The Finance Committee approved Ms. Osen's participation in the program on September 19, 1979. ) - 11 - September 17 , 1979 REZONE Guinn. Ordinance No. 2181, approving the Guinn rezone, passed on September 4, has been vetoed by Mayor Hogan. A copy of the veto message has been made a part of the record and has been distributed to the Council. ELLIOTT MOVED to override the Mayor's veto, McCaughan seconded. Under (GUINN) discussion, Carey noted that the Tukwila intertie, the likely prospect of the East Hill Well, and the possibility of the inter- tie with Renton will give Kent an additional six million gallons of water next year. Mayor Hogan opined that these additional sources were not certainties. Motion carried unanimously. Ed Baicy. On August 28, 1979 the Planning Commission held a public hearing on an appli- cation filed by Edward Baicy for a rezone from GC, General Commercial, to MR-M, Medium Density Multi-Family Residential (23 units per acre) . The Planning Commission recommends that this rezone be denied for the reason that it infringes on the property rights of the (BAICY) surrounding property owners. Harris pointed out the location of the subject property con- taining 1. 1 acres located west of N. Washington Street between 172 and 177 feet north of West James Street. He also referred to present uses of the surrounding area, and clarified that the Planning Commission ruling was un- doubtedly based on the fact that a 20 ' buffer strip would be required under the provisions of the Zoning Code between residential and commercial uses. The public hearing was opened by the Mayor. Jim Curran, representing Mr. Baicy, referred to his written statement presented before the Planning Commission and delivered to the Council about a week ago in which the history of the property was reviewed and pertinent facts concerning the rezone re- quest. He also noted that he had entered an exhibit at the Planning Commission level show- ing that Mr. Baicy has received a letter of approval from the Department of Housing & Urban Development, dated June 13, 1979 , show- - 12 - September 17, 1979 REZONE ing that his property has been approved by them for 16 units of newly constructed hous- ing at 701 Washington Street. The letter indicates that there would be 12 two-bedroom units and four three-bedroom units, one of which has to be for a person who is disabled or incapacitated. The units are to be gen- erally available for the elderly because the planning is such that it encourages people with low incomes to apply. Reference was made to a newspaper article attached to the letter showing plans which were in the offing to develop more housing of this type particu- larly for the elderly, both in the County and in the City. JUST MOVED that the letter be made a part of the record, B. Johnson seconded. Motion carried. Curran referred to the zoning of the general area and noted that while the property is presently zoned GC, (BAICY) the basic commercial development is south of James Street. He noted that the Comprehensive Plan calls for all property to the north of the existing commercial development (the Caveman Restaurant, Johnson' s Farm Store, an agate shop and a real estate office) to be industrial zoning. He noted that MRM zoning had been allowed farther north for a large mobile home park. Curran also noted that pro- perty to the west had been developed in a large multi-family complex under a Planned Unit Development. Curran referred to the detri- mental impact of allowing commercial development to occur, referring specifically to the traffic problems created. He suggested that perhaps now was the time to draw the line on commercial development to the north and restrict it to the south on James Street. He suggested that by allowing more commercial development there would be more requests for similar type uses. Mr. Rowley stated that he was the agent for the property owners to the south who own the corner lot containing- about 37,000 square feet. He noted that his clients have been dealing with several fast food restaurants over the year and it was expected that these negotiations - 13 - September 17, 1979 REZONE would be consummated shortly and that plans and an engineering study are in progress. He added that if the Council were to approve Mr. Baicy's request it would take up 20' of his client's property for the required buffer strip. Mr. Baicy noted that he owns the pro- perty to the south also, which now has a 4- plex on it, and there are263� feet between the 4-plex and the property in question. He stated that his intentions were to keep the existing four units in addition to the lot he recently purchased. In response to Mayor Hogan's question, he noted that there is a road there now, and the other entrance would be from James Street. In response to B. John- son's question, Baicy noted that he did not live there but that the reason the site had been approved for the housing was its accessi- bility to shopping facilities and the Metro bus system. B. Johnson referred to the fact (BAICY) that Baicy had expressed a willingness to fore- go objections if no setback is required and suggested that this was poor planning, especi- ally if the units would be available to the elderly or low income people with children, basically because of the noise problem which would result from a commercial establishment next door without any buffer strip. Curran clarified that the suggestion was his. Masters referred to the fact that the facility would be located on a four-lane major arterial through street and the fact that the traffic congestion in the City will increase rather than lessen. Curran referred to similar developments in the area which also house the elderly and which are also on four-lane highways in the City. Masters responded it was still not an ideal living environment. Elliott suggested that since only 16 units were being planned they could be put further back so the frontage would not be disturbed by the commercial develop- ment on the corner and the 20 ' setback still maintained. He suggested that perhaps if the rezone were granted that it be limited to 16 units only. McCaughan questioned what would - 14 - September 17, 1979 REZONE happen to the rest of the GC zoning in the area and Elliott noted that perhaps this would be a start to eliminate such zoning north of James Street. Masters noted that while she was not against the philosophy of restricting that type of zoning perhaps a (BAICY) line should be drawn at the existing com- mercial establishments referred to above. There were no further comments and B. JOHNSON MOVED that the hearing be closed. Just seconded. Motion carried. B. JOHNSON MOVED that the application for a change of zone be denied, J. Johnson seconded. Motion carried, with Elliott and Just voting nay. Union Pacific Land Resources. At its August 20 meeting, the Council continued the hearing on this rezone to November and at its September 4 meeting voted to reconsider its previous action. The continued public hearing, scheduled at that time for this date, was opened by Mayor (UNION PACIFIC Hogan. Harris reviewed the history of the re- LAND RESOURCES) zone and noted that it had been continued be- cause of the Valley Studies currently in pro- gress. He pointed out the location of the proposed rezone area containing approximately 325 acres lying between the West Valley Highway and 'the Green River, north of S. 228th Street and south of S. 212th Street. The zoning re- quested is from MA, Industrial Agricultural , to M-1, Industrial Park District, and M-2 , Limited Industrial zoning. He noted that the Planning staff had recommended denial because of the lack of facts regarding drainage facili- ties, transportation, water supply, and the Green River Corridor studies, and added that the Planning Commission had also recommended denial. He also noted that staff had never done an analy- sis of the rezone and that it would be necessary to have the results of the transportation and storm drainage studies before an educated opinion could be given. Dave Uhrich of Upland Industries reviewed the history of the property in question, noting that 15 - September 17, 1979 REZONE it had been acquired about 12 years ago for future industrial development which seemed to be eminent in the area. He noted that the rezone application had been submitted in October, 1978 and that the zoning requested seemed to be consistent with the Valley Floor Plan adopted in June and also with other in- dustrial zoning in the area. He referred to his company' s intent to develop the property into a planned industrial park with a concept similar to that of Southcenter Industrial Park and developed on a planned basis, rather than sold off in small increments. He stated that the protective covenants that are part of other industrial parks developed by his company in the area would also apply to this rezone area, particularly with regard to permitted uses and their development standards, which he opined (UNION PACIFIC were probably among the highest in the Valley. LAND RESOURCES) Uhrich provided the. Council and staff with copies of an aerial photograph of the area showing the street system presently existing and the development now taking place. The Council and staff were also provided with a drawing showing the zoning now being proposed by Uplands which is somewhat different than that presented in their EIS, and a plan which he felt addressed some of the concerns which were expressed in the letter from Jones & Jones provided to all Council members and staff. Referring to concerns over keeping access and a lot of vehicular traffic off Russell Road, he noted that it was their intent to construct a series of interior streets and cul de sacs that relate back to the center of the district. He noted that while the system has as yet not been fully designed it begins at the existing intersection of Russell Road and S. 228th and through a system of streets would exit near the KOA Campground area by the intersection where Boeing exits from their property. He suggested that this type of street pattern would, in their opinion, conform with the intended use and would aid in establishing Russell Road as a scenic corridor and hiking trail. Uhrich pointed out 16 - September 17, 1979 REZONE the property presently owned by Uplands and referred. .to two parcels of land not presently owned by Uplands but which Jones & Jones felt appropriate to include in the rezone so that the City would have complete control over development of the area. Uhrich concurred with this concept and noted that Uplands pre- sently has a contract to purchase the property from the Goodnews Bay Mining Company and if the rezone is granted, the purchase will be consummated on or before October 1. He also referred to another parcel of property to the north which Uplands is also attempting to purchase and if negotiations are successful this would also be included in their planned development. He clarified that the property would be developed in phases and also noted that plans may change from time to time as the interim planning studies are completed and (UNION PACIFIC adopted. He referred to the City' s concern LAND RESOURCES) over development along the river and also con- cerns over industrial development and noted that Uplands would like to amend their appli- cation to seek M-1 zoning designation for all the property. He suggested that M-1 (Industrial Park) zoning is more restrictive zoning than M-2, particularly in regard to permitted uses in M-1 zoning and that the City would still be assured of appropriate uses which were not offen- sive to the public and which would still conform to high development standards. He also suggested that the protective covenants required by Uplands on the property are just as restrictive as those required in the M-1 zoning designation. He pointed out that Uplands is aware of the fact that when the Green River Corridor Study is com- pleted there will be properties along the River where an environmental easement or restrictive development standards may be imposed, similar to what they now have talked about in the South- center Corporate Park Plat, and that Uplands was willing to accept whatever those development standards might be and will sign the IPP Agreement to abide by the results of those studies adopted _ by the Council. - 17 - September 17, 1979 nZOWB Uhrich then referred to one particular portion of the property substantially removed from the River for which Uplands has been negotiating for approximately 18 months on this particular piece of ground. He introduced Jack Krogan, Real Estate Manager for Sears Roebuck. Krogan noted that Sears is interested in a portion of the property containing approximately 87 acres. He noted that Sears had not anticipated any problem with the zoning since no problems had been encountered with their retail distribution center now under construction at S. 228th and N. 4th Avenue which will be open next year. Krogan noted that Sears has had architects and engineers working full time for over a year on this planned unit development, designated as a car-item warehouse, based on the assumption that Uplands would be able to deliver the site properly zoned. He expressed the belief that Uplands had felt the rezone would be forthcom- ing but that each day of delay means an increase (UNION PACIFIC of $10 ,000 per day in the cost to Sears for con- LAND RESOURCES) struction and equipping the facility and based _ on current inflation. He reviewed the plans which Sears has for this proposed facility, not- ing that their Phase I building will contain approximately 1,000,000 square feet with the required parking spaces. Taxes paid by Sears for real and personal property are estimated at $800,000 per year. He noted that between 400 and 600 people will be employed in the operation and approximately 150-200 of these people already live in the general area so the area would not be inundated with large numbers of new people causing a problem for schools and municipal services. He estimated the annual payroll in excess of $13,000,000 . Referring to the facility itself, he explained the operation of a car-item warehouse. He noted the location was convenient to the Seattle distribution center and is railed service, and the traffic system is such that trucks can come and go with a minimum of delay. He explained that the planned facility will be constructed and landscaped to compliment the surrounding existing industrial parks. 18 - September 17, 1979 REZONE Krogan noted further that the fire protection system will have its own water supply and auxiliary power, thereby making it self-suffi- cient. He stated that Uplands has assured Sears that if the rezone is granted they will follow and observe all of the requirements of the interim planning program studies as they might affect the Sears parcel, and that this was part of the purchase agreement. He opined that based on the review of the information presently available to them the construction of this car-item facility on the 87 acre parcel would not materially affect the entire area under study. Robert Owens, also of the Property Department of Sears, added that the 400-600 employees would be working on staggered schedules so they would not all be in the area at the same time. He also noted that insofar as the flood. control problem is concerned, Sears would be willing to (UNION PACIFIC construct the required detention pond on their LAND RESOURCES) property. He referred to the fact that about half of the property would be used at the outset and the remainder utilized over the years in increments for warehousing purposes; thus all of the land would not be paved at the outset. He also referred to the fact that the fire sprink- ler system . would be self contained and have its own water supply system by means. of a large reservoir. Howard Hansen, Executive Vice President of Uplands, commented that due to the extent of Uplands' investments and participation in develop- ment in Kent, they join in the City' s concerns over the proper kind of development which would transpire within the City. He assured the Council that Uplands was willing to work in compliance with the ongoing requirements for development of the property. He suggested that the M-1 zoning would assure the City of their intent to put in the type of beneficial and clean development which would enhance the City. Doug Gesler_ ex- pressed the opinion that the Council had no other 19 - September 17, 1979 REZONE alternative than to deny the rezone or at least postpone it until problems regarding water availability, drainage problems, and other pro- blems were resolved. Bob Voie concurred with Gesler ' s statements. John Hunt of Jones & Jones referred to a letter dated September 13, 1979 regarding this proposed rezone and stated he felt that progress was being made regarding development of the area. B. JOHNSON MOVED to make the letter from Jones & Jones a part of the record, J. Johnson seconded. Motion carried. Carey noted for Uhrich that he would propose to approve the rezone to cover the easterly half of the property east of the proposed Russell Road extension. He stated that he did have a problem with buffering between the manufacturing use and the residential area proposed to the south, which area would not be covered by the IPP, but which should be looked at. Uhrich com- mented that this buffering was also a concern of theirs and referred to Planning Commission hear- ings where the same questions were raised. He stated that it was his opinion that Arrow Develop- ment had also commented at that time that they too shared this concern. Mirk noted for McCaughan- that it would not be appropriate for Arrow Develop- ment to comment on their proposed plans at this time since there would be a public hearing on this development in the near future. James W. Summers President of Arrow Development, stated that with- out commenting on their proposed development plans, it was his belief that the two uses were compatible and that they would be working with Uplands as well as with the City of Kent to 'develop a buffer- ing strip. In response to McCaughan ' s questions, Mirk noted that the IPP agreement has been adopted as part of the ordinance but would not be signed until the rezone is granted. He clarified that the agreement would be personalized for each pro- perty owner. Responding to B. Johnson' s question, Uhrich noted that there was only one rail crossing on West Valley Highway about 900 ' north of S. 228th 20 - September 17 , 1979 REZ[)N$ Street apd that the same conditions would apply as on other rail crossings. Elliott questioned drainage plans for the area and Uhrich referred to an existing drainage channel along the west side of the drainage lagoon going under S . 212th into the Boeing system. He noted that the channel would be improved as part of the development. Carey stated that another condition of approving the rezone would be that no construction or development would be allowed for the entire area until the results of the IPP studies were known. Mirk and McCaughan clarified for Uhrich that this was the staff understanding and that it included the area under consideration at this time. Harris clarified for Mayor Hogan that the planning staff had not had an opportunity to study the new proposal nor had the Planning (UNION PACIFIC Commission. He also noted that if the two addi- LAND RESOURCES) tional pieces of property were acquired they would have to come before the Planning Commission as new rezone applications. He suggested that Uplands was presenting a plan which they felt addressed some of the concerns which have come from the studies to date. There were no further comments and B. JOHNSON MOVED to close the hear- ing, McCaughan seconded. Motion carried. CAREY MOVED to grant the rezone to M-1 for the easterly portion east from the proposed extension of Russell Road, including the adoption of the clarification of Russell Road on Exhibit "A" , with the condition that it be tied down to the IPP Ordinance, that Uplands would work with the group to the south to buffer the two different uses, and that there would be no development until after the findings of the IPP study were known. McCaughan seconded. Carey clarified for McCaughan that it was merely a concept to rezone the property at this time and that the road would not. be a fixed condition at the time of platting. Motion carried. . In response to questions on the planning agreement, Cushing noted that until the findings of the IPP were known to the Council and acted on by them, the staff would not accept or process any applications for building permits. 21 - September 17, 1979 RFZON$ By that time City staff will have standards and guidance from the Valley Study programs to allow the Council to analyze building per- mit applications. In response to McCaughan's (UNION PACIFIC question, Cushing noted that the same rules LAND RESOURCES) apply to preliminary plats. Mirk determined that the rezone ordinance could be drafted after the IPP agreement was signed and should be ready for the next Council meeting. Mayor Hogan noted that the ordinance may be vetoed by her. COUNCIL Public Works. B. Johnson noted that a meeting COMKITTEES would be held Wednesday morning. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. AUTHORIZATION for payment of the bills received through September 18, 1979 and approved by the Finance Committee at its meeting at 3:00 p.m. on September 28 , 1979. The following claims were approved by the Finance Committee at its meeting of September 14, 1979: Current Expense $ 12,291.86 Parks & Recreation 20, 379 . 81 Library 646. 19 City Streets 78,609 . 31 Kent Commons Oprtg Fund 559 .62 Fed Shared Revenue 178.77 So 180th, WVH EVH 156 . 38 4th Ave Signals 11,298. 80 Knt Comm - Ph II Con 110,857.09 UAB 13 - 84 Ave S Con 628 ,391.61 104 Ave - 236 to 252 21.00 1978 Iitr Rev Const 38,115 .24 Equipment Rental 1,150. 84 Housing & Comm Dev 1, 262.84 Workmen's Comp 1,444. 55 LEFF Disability 134. 22 LID #283 690.00 LID #286 97. 50 Sewer 3, 541. 59 Water 56 ,978. 19 Garbage 137, 393.19 $1 ,104 ,198 .60 22 - September 17, 1979 FINANCE Interest Bearing Warrants LID #283 Dale Brunton $ 690.00 LID #286 Daily Journal of Commerce $ 97. 50 $ 787.50 ADJOURNMENT CAREY MOVED that the meeting be adjourned at 10:25 p.m. , B. Johnson seconded. Motion carried. Betty Gray, CPS Deputy City Clerk 23 -