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.
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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. )
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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 -