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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/15/1979 Kent, Washington October 15, 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, Masters and McCaughan, City Administrator Cushing, City Attorney Mirk, Planning Director Harris, City Engineer Wickstrom, and Assistant to the City Admini- strator Webby. Councilperson Just was not in attendance. Also present: City Treasurer Drotz, URS representative Abed, and Planning Commissioner Hamilton. Approximately 60 people were in attendance at the meeting. COUNCIL Resignation. A letter was read from Council- person Just announcing his resignation from the Kent City Council effective immediately, and his withdrawal as a candidate from the upcoming election. MASTERS MOVED that the letter be accepted with regret, Elliott seconded. Motion carried. PROCLAMATIONS International Toastmistress Month. A proclam- ation was read by the Mayor declaring the month of October as International Toastmistress Month in the City of Kent. United States Day. The Mayor read a .proclama- tion declaring Wednesday, October 24, 1979 as United States Day, urging every citizen to re- dedicate themselves to those principles upon which our nation was founded and to demonstrate such faith by flying the American flag at their homes and businesses on that day. CONSENT CAREY MOVED that Consent Calendar Items A-L CALENDAR be adopted, McCaughan seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) APPROVAL of the minutes of the regular Council meeting of October 1, 1979 as printed. FOSTER On September 4 , the Council set this date for a PRELIMINARY public hearing on this preliminary plat. Harris PLAT pointed out the location of the 12-lot industrial plat as east and west of 74th Avenue S. between SR 167 and the Interurban right of way, north of S . 259th, containing approximately 30 acres . _ 1 _ October 15, 1979 FOSTER The Planning Commission has recommended denial PRELIMINARY of the plat, and the Planning Staff has recom- PLAT mended that it be approved, providing that the four recommendations of the Engineering Depart- ment, as listed in the September 4 minutes, become a condition of approval. The public hearing was opened by Mayor Hogan. Dick Chapin, attorney for the applicant, noted that land use was not an issue, that the parcel was zoned for light industrial use and meets all city regula- tions for platting and for water retention. He noted that the conditions were acceptable to the applicant with the exception of part of #4, re- quiring the improvement of a portion of S . 259th. Chapin stated that they could improve Willis Street but preferred to use the state right of way off SR 516 west of the railroad crossing. He noted that the state was agreeable to this proposal , but that the city would have to re- quest the use of the right of way. He stated that this alternative would eliminate traffic on Willis east of the railway and eliminate the need for a crossing of the railroad tracks . Dan Dawson, traffic consultant for the applicant, reviewed the concerns of the residents of the neighborhood and noted that the access through the state right of way would have the most ad- vantages. Judy Omarr noted that a petition objecting to the plat had been submitted containing 43 signa- tures, and that she now had additional signatures bringing the new total to 80 objectors. The supplement to the petition was filed with the Clerk. Ten residents of the area spoke against the project noting that the character of the residential neighborhood would be changed, the increase of traffic would be hazardous for the children and that the swamp on the property was a natural habitat for wildlife and was enjoyed by the residents of the neighborhood. It was also noted that the industrial plat would con- tribute to the noise level in the area. Several letters from school children were made a part of the record. A letter was read from the Chicago, Milwaukee, St. Paul and Pacific Railroad Company 2 - October 15, 1979 FOSTER recommending that the W. Willis Street cross- PRELIMINARY ing be closed and an alternate access from SR PLAT 516 be provided. This letter has been made a part of the record. It was further determined that the proposed plat was in one ownership and Harris noted that the Shoreline Committee had approved the storm drainage pipe and outfall near the river. City Engineer Wickstrom noted that the connec- tion of 516 to the Reith Road would result in 20, 000 vehicles per day in the future, and the proposal for egress to the plat would make one more intersection within 100 ' of a railroad crossing on a heavily travelled road. In answer to questions from Elliott and Masters, Dawson explained that if the state right of way access was used, Willis could dead end on both sides of the railroad tracks and further that the railroad would not allow a grade crossing at S . 259th. He noted that there was not enough clearance for access to the plat from the south. Chapin noted that the property could be developed without platting and he stated that the property could be developed without platting and that if developed for single or multi residential, more traffic would be gene- rated than if developed as an industrial plat. He stated that if the city wanted to preserve the swamp it should consider purchasing the property. Wickstrom read condition #4 from the September 4 Council minutes, noting that street improve- ments could be accomplished through an LID, but this was up to the property owners in the area. After all who wished to speak had done so, ELLIOTT MOVED to close the public hearing . J. Johnson seconded. Motion carried. MASTERS MOVED to approve the plat with the first three conditions and for the Planning Department to negotiate with the state for access to the plat from SR 516 . B. Johnson seconded. Carey objected, noting that the traffic impact on 516 would be more - 3 - October 15, 1979 FOSTER than that on Willis Street. B. Johnson noted PRELIMINARY that this area was one that the city had de- PLAT fined as residential and as such was allocated block grant funds. McCaughan noted that it was already zoned M2, not residential. Motion failed with only Masters supporting it. McCAUGHAN MOVED to approve the plat with the four conditions outlined by the Planning and Engineering Departments in the September 4 Council minutes. Carey seconded, noting that this was the only way this area would develop with any improvements for Willis Street and further that under the zoning they could develop without any improvements . MASTERS MOVED to amend the motion to not allow crossing of 516 and to only allow right hand turns to enter the plat and only right turns to leave the plat. It was clarified that this would allow access only from 516 . Mirk noted that the seriousness of the situation was not known initially but that since there now appeared to be substantial impact that the hearing should be continued pending submission of an EIS by the applicant. Chapin noted that since the city had made a declaration of non signifi- cance, that the applicant submit a supplemental check-list relating to the access instead of an entire EIS. All motions were withdrawn and B. JOHNSON MOVED to continue this hearing until the EIS is pre- pared, Carey seconded. Masters objected to an entire EIS requirement noting that traffic is the biggest problem. Mirk noted that Harris is the- official in charge and is therefore responsible for determining which items must be addressed, and further that more than traffic concerns had been addressed tonight. Mirk determined that Harris could withdraw the statement of nonsignifi- cance on the basis that not enough information was available at the time it was issued. Mirk further noted that he was advising the Council that it was his opinion that they did not have sufficient data on the environmental impacts of 4 - October 15, 1979 FOSTER this development, and therefore advised them PRELIMINARY to require an extensive study of the environ- PLAT mental impact of this project. Motion to con- tinue the hearing carried over Masters ` dissent. HEALTH & Des Moines Sewer District. W. D. Beattie, SANITATION Manager of the Des Moines Sewer District, pre- sented a letter requesting review and approval of their Resolution 1978-33 adopting a plan of additions and betterments to their Comprehensive Plan. City Engineer Wickstrom noted that .the document had been reviewed and recommended that it be approved. CAREY SO MOVED, B . Johnson seconded. Motion carried. (CONSENT CALENDAR ITEM 5L) Outside Utility Requests. APPROVAL of the following requests for outside sewer service as recommended by the Public Works Committee and subject to the requirements of Resolution 822: 1) Lutheran Church of the Cross/Freda A. Gandler -Sewer service -to 0 . 32 acre .par- cel located at 23227 100th Avenue S .E . 2) Daon Pacific Inc. - Sewer service to pro- posed plat of Kentridge Estates Divisions #4 and #5 in the vicinity of S .E. 280th and 124th Avenue S .E. (J. Johnson abstained from voting on Item No. 1. ) STREETS (CONSENT CALENDAR ITEM 5D) LID 288/293 - 84th Avenue S. Street Improvement, S . 212th - S. 192nd. APPROVAL of Change Order No. 2 as requested y Scarsella Brothers, subject to the contractor providing verification of the increased costs.. 'The requested change order is for the additional work associated with the in- stallation of 9 ` x 7 ' x 13' telephone vaults and for the additional trench work required to accom- modate the added underground power and telephone conduits. The request covers $3,000 for each vault installation (approximately eight vaults) 5 - I October 15, 1979 STREETS and $1. 00 per linear foot more than the ori- ginal contract price for the trench work (approximately 10 ,000 lineal feet of trench) . (CONSENT CALENDAR ITEM 5F) LID 289 - Kent-Kangley (SR 516) Road Improve- ment (SE 256th Street to 116th Avenue SE. AUTHORIZATION for execution of the formal agreement between Puget Power and the City covering the overhead power line conversion to underground in connection with the subject street improvement project. SR 516. Mayor Hogan reported that she had received a letter from Jack Lynch in response to our request to amend the King County Sewerage Plan to include a local service area south of 212th and west of West Valley Highway. The pro- blem with the proposed amendment was that it would include the area which we had set aside as mitigating land for SR 516 . She added that Ralph Colby, the Hearing Examiner, would be shortly bringing in a recommendation which .would be reviewed and that there appeared nb reason not to issue the Shoreline Permit if the mitigat- ing land areas were adequate. She also referred to a report that a lawyer in Washington D.C. representing the Coast Guard may be asking that the City secure a Coast Guard permit for the proposed crossing of the Green River. West Meeker Street Widening. The Mayor reported that the proposed West Meeker Street widening. project has received a #3 prioritization from the State for FAUS funding which means funds will probably be received. Bids LID 292 - 104th Avenue S .E. Street Improve- ment (SE 235th to SE 242nd) . Bids for this pro- ject were opened on Friday, October 12, 1979 . In accordance with the recommendation of City Engineer Wickstrom, B. JOHNSON MOVED that the best bid of Tri State Construction in the amount of $933, 257 . 82 be accepted, subject to concurrence by the Washington Department of Transportation. 6 - October 15, 1979 STREETS Bids . Reiten Road Asphalt Overlay & Storm Drainage (Maclyn Street to Maple Street) . _ Bids for the above project were opened on October 3 , 1979 . City Engineer Wickstrom stated that it was the staff recommendation that the low bid of Rodarte Construction be rejected since the required Non-Collusion Affidavit had not been submitted with the bid. He recommended that the contract for Schedule I be awarded to the next low bidder, Frank Coluccio Construction in the amount of $91 ,054 .00 . ELLIOTT SO MOVED, Carey seconded. Wickstrom clarified for Elliott that the reason for not awarding Schedule II for the storm sewer from Maclyn to Guibersoh was due to the fact that there was not adequate fund- ing for the entire project. Motion carried. WATER (CONSENT CALENDAR ITEM 5C) Morman/Cleman Water Service and Deferred Pay- ment in Lieu of Assessment Request. APPROVAL of the request of Morman & Cleman that their property located west of 104th Avenue S .E. in the vicinity of S .E. 262nd, which has two existing residences located thereon persently serviced from the Kent Springs Transmission Main, be reconnected to the 104th Avenue S.E. distribution main, and APPROVAL of deferral of the payment of the charge in lieu of assess- ment (approximately $10 ,000) for two years from the reconnection date , due to the temporary nature of the houses. The property on which the houses are located is MRM and Office zoned. (CONSENT CALENDAR ITEM 5G) Kent/Tukwila Water System Intertie. ACCEPTANCE as complete of the contract of Ralph Company for the Water System Intertie and payment of the retainage after receipt of the necessary State releases. (CONSENT CALENDAR ITEM 5H) Late Comers Agreement - Caravelle North Condo- miniums. AUTHORIZATION for the preparation of the necessary documents for a late comers agree- - 7 - October 15, i979 WATER ment as requested by the developer of Cara- veile North Condominiums for the watcr main extension constructed in the vicinity of 23804 - 102nd Avenue S.E. , subject to the developer paying all City costs for the same. Water Consortium. Respective Councilpersons, Commissioners and staff members of the City, Water Districts No. 111 and No. 105 have met in a series of meetings to explore the poten- tial of forming a Water Consortium to address the water supply needs. As discussed at the October 8 workshop, it is recommended that the concept of the Water Consortium be con- curred with and that approval be given for the financing of the proceeding (City share - $2, 680) with a preliminary joint planning effort culminating in a DSHS grant` application submitted as described in a letter from. URS dated October 10 , 1979. Monies would come from the unexpended funds of the Water Depart- ment. CAREY MOVED that the concept of a Water Consortium be approved, including the financ- ing of the preliminary Joint Planning Studies and the submittal for grant funds, B . Johnson seconded. Masters questioned whether any formal determination had been made by DOE as to whether or not Kent was actually receiving the amount of water they were entitled to and suggested that it was appropriate to look at this before committing funds for the study. Wickstrom noted that this was not the real problem since any new requests for service that were approved would be protested by Water District 105 and that it was more appropriate to make an attempt to work together on solving the common problems. In response to Masters' questions as to why the City would be required to pay the largest share of the cost, Wickstrom determined that it was based on the number of customers served by each. With regard to Water District 105 drawing water from the City, should an adequate supply be obtained, Wickstrom clarified that this would be a last step measure and would be the subject of further study. 8 - t -" October 15, 1979 WATER Mayor Hogan noted that Wickstrom had prepared a map showing the boundaries of both Water District 105 and Water District 111 and it had been determined that the area served by these districts were still part of the Soos Creek Plan and suggested that the City should have some say about the proposed development plans for these areas. Motion carried. RAILROAD S . 208th Street Burlington-Northern Crossing CROSSING Closing. A letter was read from Mr. and Mrs. Fred Colla regarding the recent decision of the WUTC to close the S. 208th Street Burling- ton Northern crossing. The letter asked that the City oetition the WUTC to improve and signal- ize the crossing instead of closing. it since an alternate means of access to the area has not been obtained. MASTERS MOVED that the letter be made a part of the record, B . Johnson seconded. Motion carried. Mirk determined that the City was now resigned to the fact that the crossing would be closed but that the City has asked the WUTC to defer closure until April of 1980 , by which time the improve- ments to 84th Avenue S. should be completed. Motion carried. (CONSENT CALENDAR ITEM 5E) S . 196th Street Railroad Crossing West of West Valley Highway - Burlington-Northern. . APPROVAL of the concept of Upland' s proposal for a rail- road crossing of S . 196th Street west of West Valley Highway, with staff to work out the con- ditions. Upon completion of a formal agreement, the Council would again be involved in reviewing and approving such agreement. HOUSING & 1980 Block Grant Program. The 1980 proposed program COMMUNITY was presented to the Council at the October 8 work DEVELOPMENT shop. All block grant applications must be sub- mitted to -the County by December 1. The hearing tonight is for public comment and the final public hearing will be held on November 5. The Planning Department has prepared and distributed the follow- ing proposal for approval by the Council, which has been filed as part of the record: 9 - October 15, 1979 HOUSING & PROJECT FUNDING CATEGORY COMMUNITY Population Needs DEVELOPMENT Housing Repair Services $28,000 $ .48, 237 Willis Street Sidewalk Rebuild Pedestrian Walkways - Phase V 4, 000 16, 202 Planning Administration 43,610 CBD Improvements - Ph. I 9, 000 21, 000 Commons Playfield Improvements 20, 000 North Park Storm Sewers 3, 763 97, 957 Mill Creek Park Earthworks 10, 000 NONE Kent Memorial Park Rehabilitation of Two Tennis Courts 8,850 TOTALS 98$ , 373 $212, 246 COST BREAKDOWN Senior Center Expansion A. Acquisition $ 70,000 B. Consultant 5,000 C. Relocation 15, 000 TOTAL $ 90, 000 Kent Commons Day Care/ Multi-purpose Center A. Construction $100, 000 B. Architect & Engineering Services 10, 000 TOTAL $110,000 10 October 15, 1979 HOUSING & PROJECT JOINT PROJECTS COMMUNITY County/City city/city DEVELOPMENT *Mill Creek Park Earthworks $ 85, 000 Kent Application *Senior Mobile Home Park $150,000 County Application *Senior Assisted Housing $300, 000 County A lication *Unified Weatherization Program $140, 000 County _.. Application Seahaven Emergency $97, 500 Housing Facility Auburn PROPOSAL JApplication *Authorized previously by Kent City Council There is only $612, 500 in 1980 Joint Funds. The Mayor opened the public hearing. Gene Smith objected to the Mill Creek Earthworks project sug- gested for Population Funding in the amount of $10, 000. He noted that the total project cost for the Earthworks was $95 ,000 and that this money could better be used for other projects such as home repairs, sidewalks or sewers . It was clari- fied for Smith that the projects listed had not, as yet, been prioritized and the Mayor noted that Kent would be competing for the balance of $85,000 with all of the other cities and that the County had only $600, 000 to distribute. Karen Wharton asked that funding for the So. King County Tenants Union be considered. She noted that this was a - ll - October 15, 1979 HOUSING & small group but that it had assisted 90 tenants COMMUNITY since March, 780% of whom were Kent residents . DEVELOPMENT She asked that funding be considered for a hot line and for one small office at about $250 a year. Keri Adams of the Planning Department determined for the Mayor that she hadn' t enough information to determine whether this group would be eligible for funding. Ms. Wharton was invited to call Ms. Adams to supply further information prior to the final hearing on Novem- ber 5. A letter was read from Kent valley Youth Services requesting funding in the amount of $23 ,000, and was then filed for consideration. Adams and Harris explained the smoke detector program at B. Johnson's request, noting that the models used were approved by our Fire Department. Upon questions from the- Council, Harris noted that if the sidewalk program were to be expanded, some other program would have to be decreased and that the North Park Storm Sewer program had been included since an LID pro- posal for this had not been approved by the resi- dents. He noted that a proposed joint program with Auburn for the Seahaven Emergency Housing Facility had been dropped by Auburn. J. JOHNSON MOVED to continue the hearing to the November 5 Council meeting, McCaughan seconded. Motion carried. ANNEXATION (CONSENT CALENDAR ITEM 5I) Rowley #2 Annexation. ADOPTION of Ordinance No. 2187 annexing to the City those certain lands contiguous thereto commonly referred to as the Rowley No. 2 Annexation. (Mayor Hogan noted she may veto this ordinance, in which case it would be returned to the Council on November 5 for further consideration. ) ARTS (CONSENT CALENDAR ITEM 5J) COMMISSION Appointments. APPROVAL of the Mayor's reappoint- ment of the following persons to the Kent Arts Commission for four year terms which will expire 12 - October 15 , 1979 ARTS in October, 1983: Harty Drangsholt, Maureen COMMISSION Curran, Bob Fey, Janice Thompson and Bernard Kinsey. The Mayor will apoint a replacement at a later date for Joyce Chandler, who chose not to be reappointed. CONDITIONAL (CONSENT CALENDAR ITEM 5K) USE APPEAL Stein Appeal. SETTING of November 5, 1979 for a public hearing on an appeal filed by Edward Stein regarding the recent action by the Planning Commission regarding a Conditional Use Permit (CE-79-10) . KENT COMMONS Bids --Conditioning Room Equipment. The follow- ing bids were received on October 3, 1979 for Kent Commons Conditioning Room Equipment: Bidder Bid, Including Tax Exercise Equipment Center $5 , 635 . 65 Bill Hatch Sporting Goods 5 , 107. 05 Athletic Supply Company, 4 , 820 . 63 B . JOHNSON MOVED that the best bid of Athletic Supply Company in the amount of $4, 820 .63 be accepted, McCaughan seconded. It was determined for McCaughan that adequate funds were available for the purchase of this equipment. Motion carried. EAST HILL City Administrator Cushing noted that the Council COMMUNITY requested a report on the status of the East Hill HALL Community Hall demolition and the Mayor noted that a meeting was scheduled for October 16 with Mr. Kleppen. FIRE Mayor Hogan extended the City's congratulations DEPARTMENT to Fire Chief Tom Foster upon his election as President of the Western Fire Chiefs Association and noted that the Association covers ten states. - 13 - October 15 , 1979 REZONE Okimoto Rezone. Mirk referred to the Okimoto Rezone and Short Plat area and noted that under the terms of the rezone 30 ' had been deeded to the City for right of way for the proposed extension of 64th Avenue So. by Okimoto and that this was no longer necessary. He noted that he had checked the deeds and maps and was confident that the city had the necessary 60 ' right of way in this area. Upon his recommend- ation, McCAUGHAN MOVED to authorize the Mayor and City Clerk to execute the document to deed the area in question back to Okimoto. J. John- son seconded. Motion carried. ABANDONED Mirk noted that he had received a report on HOUSE the house abandoned at S . 21.2th and West Valley Highway and it was determined that the house would be moved immediately by the purported owner or it would be bulldozed out of the area. PUBLIC Upon B . Johnson ' s question, Cushing noted that WORKS Don Wickstrom would serve as Acting Public Works DIRECTOR Director until a permanent selection is made. COUNCIL Public Works Committee. McCaughan noted that COMMITTEES the Public Works Committee would meet on Wednes- day morning, October 17 , 1979 at 8 :00 a.m. a COUNCIL Immediately prior to adjournment the Council declared a 10 minute executive session to dis- cuss the matter of the Council position vacated by Just. Upon reconvening, CAREY MOVED to appoint Dave Mooney to fill Just' s unexpired term. B. Johnson seconded. It was noted that Mooney was a candidate for this position for the Novem- ber 6 election. Motion carried. Mooney was then sworn in by the City Clerk. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. AUTHORIZATION for payment of the bills received through October 19 after approval at the Finance Committee meeting at 3: 00 p.m. on October 31 , 1979 . Claims approved by the Finance Committee at its meeting of October 15, 1979 are as follows: 14 - October 15, 1979 FINANCE Current Expense $ 32, 207 .60 Parks & Recreation 15,151.95 Library 263.25 City Streets 8 ,174.02 St Fwd Thrust 324. 16 Alcoholic Rehab 1, 231. 77 Kent Commons Oprtg Fund 409 .67 Fed Shared Revenue 820 .40 Mil/Kent-D/M Int 369 . 60 4th Ave Signals 282 . 88 Knt Comm-Ph II Con 86, 534.65 UAB 13-84 Av So Con 431,663.46 104 Ave-236 to 252 99. 10 1978 Wtr Rev Const 42,885.00 K-S Chlor Equip 111, 303.80 W-H Booster Pump 4,212.00 Equipment Rental 8 ,170 .82 Housing & Comm Dev 634. 41 Workmen' s Comp 2,031. 28 LEFF Disability 70 .00 LID #283 1, 691 .49 Sewer 5, 347 .17 Water 21,540 .49 Garbage Fund 124 ,993.62 TOTAL $900,412.59 Interest Bearing Warrants LID #283 Paula Morgan $ 1 ,552 . 50 Royal Graphics 138 .99 $ 1,691. 49 ADJOURNMENT MASTERS MOVED that the meeting be adjourned at 10: 50 p.m. , J. Johnson seconded. Motion carried. Mar�e �nMC City Clerk 15 -