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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/19/1979 i Kent, Washington November 19, 1979 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. by Mayor Hogan. Present: Councilpersons Carey, Elliott, B. Johnson, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, Planning Director Harris and Acting Public Works Director Wickstrom. City Attorney Mirk was absent. Also present: Personnel Director Webby, Parks Director Wilson, and URS representative Abed. Approximately 30 people were in attendance at the meeting. PARKS Mayor Hogan noted that a fellowship award had DEPARTMENT been given to Parks Director Wilson by the State Parks & Recreation Association and that it was not usually given to a municipal employee. The Mayor presented a certificate to Roger Boyer of the Kent Commons, issued by the State Parks & Recreation Association, noting that he is now certified as a professional administrator in the Parks & Recreation field. Congratulations were extended to both from all present. PROCLAMATION A proclamation was read by Mayor Hogan declar- ing November 19, 1979 as Kent Volley Ball Day in the City of Kent and noting that K-M and Kentridge placed first and second in the State. CONSENT CAREY MOVED that Consent Calendar Items A CALENDAR through Q be approved, McCaughan seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) APPROVAL of the minutes of the regular meeting of November 5, 1979 as printed. HEALTH & (CONSENT CALENDAR ITEM 5K) SANITATION Eastridge Division No. 2 - Sewer, Water and Streets Bill of Sale. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approxi- mately 3258 LF of 6" water main extension, 890 LF of 8" water main extension, 3325 LF of 8" sanitary sewer extension, and approximately 4,629 feet of street improvements and related appurtenances , constructed for Eastridge - 1 - i November 19, 1979 HEALTH & Division No. 2 in the vicinity of S.E. 229th SANITATION Street to S.E. 232nd Street between 112th Avenue S.E. and 116th Avenue S.E. , for continu- ous maintenance and operation, and AUTHORIZA- TION for the City Treasurer to release the cash bond upon payment of any outstanding bills against the project, with a copy of said release to Engineering. All billing to the project is complete. WATER (CONSENT CALENDAR ITEM 5M) 1979 Water System Plan. PASSAGE of Resolution No. 879 adopting the 1979 Water System Plan as prepared by URS. (CONSENT CALENDAR ITEM 5F) Bill of Sale - Echo Glen Water Main Extension - S.E. 271st & 108th S .E. ACCEPTANCE of the Bill of Sale and Warranty Agreement for the Echo Glen water main extension consisting of approximately 348 LF of 6" D.I. water main in S.E. 271st Street and 3245 LF of 8" D. I. in 108th Avenue S.E. and AUTHORIZATION for the City Treasurer to release the cash bond upon payment of outstanding bills against the project, with a copy of said release to Engineering, all billing to the project now being complete. (CONSENT CALENDAR ITEM 5C) Late Comer Agreement - Echo Glen. AUTHORIZATION for the preparation of the necessary documents for a late comer agreement as requested by Grant Wiley for the water main extension constructed on 108th Avenue S.E. , subject to the developer paying all City costs for same. (CONSENT CALENDAR ITEM 5H) Bill of Sale - Kent Methodist Church Water Main Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 1950 LF of 8" C.I. water line constructed in the vicinity of S.E. 248th Street west from 116th Avenue S.E. by Kent Methodist Church, and AUTHORIZATION for the City Treasurer to release the cash bond upon 2 - November 19, 1979 WATER payment of outstanding bills against the pro- ject, all billing to the project now being complete, with a copy of said release to Engi- neering. (CONSENT CALENDAR ITEM 5D Late Comer Agreement - Kent Methodist Church. AUTHORIZATION for the preparation of the neces- sary documents for a late comer agreement as requested by Kent Methodist Church for the water line and hydrants constructed on S.E. 248th Street west from 116th Avenue S.E. , subject to the developer paying all City costs for same. (CONSENT CALENDAR ITEM 51) Bill of Sale - Maple Lane Court Water Main Extension (1601 Maple Lane.) ACCEPTANCE of the Bill of Sale and Warranty Agreement for approxi- mately 744 LF of 6" C.I. water line constructed in the vicinity of 85th Avenue S. & S. 263rd Street, and AUTHORIZATION for the City Treasurer to release the cash bond upon payment of any outstanding bills against the project, with a copy of said release to Engineering. All billing to the project is now complete. STREETS (CONSENT CALENDAR ITEM 50) Reiten Road Asphalt Overlay & Storm Drainage Project Change Order No. 1. APPROVAL of adding Schedule II of the original contract as recommended by the Public Works Committee and in which action the City Attorney concurs. TRAFFIC (CONSENT CALENDAR ITEM 5N) CONTROL Temporary Construction Speed Limit. ADOPTION of Resolution No. 880 reducing the speed limit from 40 mph to 25 mph on 84th Avenue S. from S. 212th Street to S. 192nd Street for the duration of the 84th Avenue S . street improve- ment project. (CONSENT CALENDAR ITEM 5J) No Parking Restrictions. ADOPTION of Ordinance No. 2191 placing No Parking restrictions on 3 - November 19, 1979 TRAFFIC SR 99 (Pacific Highway South) , east side only CONTROL from a point 1630 feet south of the intersec- tion of S . 240th Street to the intersection of S. 240th Street, and on Pioneer Street, south side only, from 170 feet west of the center line of State Avenue to the center line of State Avenue. PHASED LAND (CONSENT CALENDAR ITEM 5P) DEVELOPMENT Interim Planning Ordinance No. 2164. ADOPTION of Ordinance No. 2192, repealing Section 3 of Ordinance No. 2164, and adding a new section extending the effective date to January 31, 1980. ANNEXATION (CONSENT CALENDAR ITEM 5L) Gregory/Illian Annexation. SETTING of a meeting date for the workshop of December 10, 1979 at 7:00 o'clock p.m. with the initiators of the 100/. petition notice of intent to circulate an annexa- tion petition, which petition has been certified as sufficient. BOUNDARY Kent/Auburn City Limits. The Public Works Com- LINES mittee has reviewed and recommends passage of a motion similar to that passed by the Auburn City Council relating to the establishment of S . 272nd and S . 277th Streets between I-5 and the Green River as the Kent/Auburn City limits, leaving open, however, the area east of the River until a natural boundary is established. B. JOHNSON MOVED that the common boundary between Kent and Auburn for future annexations be estab- lished as between I-5 and the Green River along S. 272nd Street and S. 277th Street and that the area east of the Green River be left as is until a natural boundary is established, such as. the extension of S . 277th eastward across the River to service the upper plateau. Masters seconded. Motion carried. FINAL PLAT Cambridge Highlands . The Final Plat of Cambridge Highlands has been signed by the City Engineer and the Planning Director. The Mayor opened the public meeting which is required to comply with - 4 - November 19, 1979 FINAL PLAT the Subdivision Ordinance regulations . There were no comments or letters received and CAREY MOVED that the Final Plat of Cambridge Highlands be accepted with the conditions of Preliminary Plat approval, B. Johnson seconded. Motion carried. CONDITIONAL (CONSENT CALENDAR ITEM 5E) USE PERMIT Widing Trucking Company Report. DIRECTING the Hearing Examiner to review the existing opera- tion of Widing Trucking Company, for compliance with the Conditional Use Permit approved on November 7, 1967, to determine whether the operation should be allowed to continue, and if so, under what conditions. NOISE Carey referred to a recent complaint about POLLUTION airplane noise in the Scenic Hill area. Mooney reported that in 1973 noise abatement procedures had been established by the major airlines at Sea-Tac Airport and complaints should be channeled to the airline involved. He suggested that perhaps some of the problems were caused by planes using local small airports in the area. The Mayor suggested that she would contact Auburn to see what they were able to do about controlling the flight patterns of small aircraft. EAST HILL PLAN Amendment. On August 6, 1979 the Kent City Council requested that the Planning Commission review and make recommendations concerning the East Hill Plan's land use designation for the area in the vicinity of 116th Avenue S .E. between S.E. 256th Street and Kent-Kangley Road. On August 28, 1979 the Planning Commission formed a committee to review the facts related to the land use element of the East Hill Plan and on October 23, 1979 the Planning Commission recom- mended that the Comprehensive Plan be amended to reflect the following: 1) The area located on the east side of 116th Avenue S.E. be designated Single Family Residential. 5 - November 19, 1979 EAST HILL PLAN 2) The area located on the north side of S.E. 256th Street westerly of 116th Avenue S.E. to just westerly of lllth Avenue S.E. be designated Single Family Residential. 3) The area located west of 116th Avenue S.E. north of Kent-Kangley Road and south of S.E. 256th Street be designated Multi- Family Residential. 4) All of the remaining areas to be modified to reflect the existing zoning. The scheduled hearing before the Council was opened by the Mayor. Harris reviewed the pro- posed plan and pointed out the proposed zoning, encompassing areas both inside and outside the City limits. There were no comments from the audience and no correspondence has been received. MOONEY MOVED that the hearing be closed, B. Johnson seconded. Motion carried. MASTERS MOVED that the amendment to the East Hill Plan be approved as recommended by the Planning Commis- sion, B. Johnson seconded. Elliott noted that there were objections to the proposal at the Planning Commission hearing. Motion carried, with Elliott and B. Johnson voting nay, and Carey abstaining. KENT COMMONS Bids - Folding Tables and Table Trucks. On November 13, 1979 a bid opening was conducted on 150 folding tables and 12 rectangular table trucks for the Kent Commons. In accordance with the recommendation of the Parks Department, McCAUGHAN MOVED that the bid of Action Media Furniture, the only bid received, in the amount of $9, 398.03 be accepted, Carey seconded. Motion carried. Bids - Folding Chairs and Chair Trucks. A bid opening was held on November 13, 1979 for 700 stacking chairs and 5 stacking chair trucks for the Kent Commons, at which time only one bid was received. In accordance with the - 6 - November 19, 1979 KENT COMMONS recommendation of the Parks Department, B. JOHNSON MOVED that the bid from Action Media Furniture in the amount of $9, 939.79 be accepted, J. Johnson seconded. Elliott ques- tioned why only one bid was received on the items and Boyer determined that several prospec- tive suppliers had expressed interest in the items but that no other bids had been received. He noted that the bids received were lower than the proposals previously considered. Motion carried. Bids - Pool Tables and Foosball Tables. Only one bid was received on November 13, 1979 for two pocket billiard tables and two foosball tables for the Kent Commons. In accordance with .the recommendations of the Parks Department, MASTERS MOVED that the Queen City Billiard Manu- facturing Co. bid in the amount of $3, 769.74 be accepted, J.Johnson seconded. Motion carried. ZONING Rowley #2 Annexation. On October 1, 1979 the City Council moved to continue the hearing on the Rowley #2 Annexation zoning to allow time to draft a precise agreement signed by the property owners to be presented to the Council at the November 5, 1979 meeting. The Planning Commission recommended this annexation be zoned MR-M, Medium Density Multi-Family Residential (ROWLEY #2 (23 units per acre) , subject to a satisfactory road system for the annexed area, and proper ANNEXATION) environmental controls being provided for the ravine which would be established in the precise agreement. On November 5 the Council moved to continue the public hearing for two weeks to give the Engineer and Parks Director sufficient time to work with the property owners to resolve the problem. The continued public hearing was opened by the Mayor. Barney Wilson reported that he had met with the property owners to discuss the canyon but that no solution had been reached. Wickstrom reported 7 - November 19, 1979 ZONING that there were now enough owners in agreement so that an LID could be formed for S. 252nd, improve- ment of the intersection at Kent-Kangley and to tie S . 252nd to S. 248th. He noted for the Mayor that the proposed street would not dip into the canyon, but would go along the rim. Mike Rogers, attorney for Heutmaker, noted that the Planning Commission had recommended MR-M and that guidelines would be developed to assure the City that the canyon would be developed in an aesthetically pleasing manner. Upon the Mayor's question, Harris determined that if no development (ROWLEY #2 occurred in the ravine, there would be a higher ANNEXATION) density in the remaining acreage, since the density of 23 units per acre would be based on the gross acreage, which included the approximately 9 acres of ravine. i Carey suggested that the City would have the desired controls if the rezone was tied to a PUD concept. Harris stated that such a decision was the Council 's prerogative. Cushing noted that under a PUD, the City would review the designs. Mooney noted the proximity of the K-M Athletic Field and that future apartment dwellers in this area might have complaints about the noise and lights resulting from many night games on the field. Jack Ewing, engineer for the developers, stated that the canyon could be developed, and pointed out that apartments on Canyon Drive had been built on slopes comparable to the slope of the canyon. Mike Rogers submitted a recap of the minutes of a meeting held November 16 attended by City staff: Cushing, Mirk, Wilson and Harris, as well as Rogers, Ewing and Heutmaker. The document has been marked Exhibit "A" and was made a part of the official record by motion. The recap reads as follows: "City of Kent MRM zoning is granted with the express condition that site plans for any - 8 - i November 19, 1979 ZONING development below the 375-foot contour line shall be reviewed by the City of Kent Planning staff to determine that such development maxi- mizes the retention of trees and other signifi- cant vegetation while allowing development to the MRM zoning density. "The owners of all property below the 375-foot contour line shall not remove any timber or other significant vegetation until development plans have been reviewed and approved by the City of Kent Planning Department staff. "If any conditions contained herein are violated,. the Kent City Council shall be permitted to review and/or reconsider the MRM zoning and (ROWLEY #2 development below the 375-foot contour line. " ANNEXATION) Harris read his notes from the same meeting, pointing out that no reference was made to MRM zoning. His notes have also been made a part of the record and read as follows: "Site plans for any development below the 375 foot contour line shall be reviewed by the City staff to determine that such development maximizes the retention of trees and other significiant vegetation while allowing development to the zoning density. "The owner shall not remove any timber or signifi- cant vegetation until development plans have been approved by the City. "violation of this condition will result in the review of the zoning by the City Council. " Wickstrom noted that the agreements for the road improvements were predicated on MRM zoning and that they would not be valid for other than MRM zoning. Bob Hastings noted that MRM had been the zoning recommended and that the owners of other properties did not want to be further delayed while the matter of the canyon was - 9 - i November 19, 1979 ZONING resolved. Gene Oliver, representing Frank Wright, also urged that the zoning matter be resolved at this meeting. Heutmaker urged action tonight, for the ravine property as well as the other properties. Dan Rowley noted that neither he nor the Seventh Day Adventist Church objected to the conditions and both had signed the agree- ments regarding the road improvement. Mooney objected to left turns on Canyon Drive, noting the traffic hazard already existing in the neighborhood of the existing apartments. He suggested that access to the development should be on S. 248th and not on S. 252nd. Wickstrom noted that plans included a left turn pocket for access to S. 252nd. Masters asked what procedure would take place if development should indicate adverse impact on the lower part of the ravine, and Harris noted that such conflicts could either be heard by the Council or by the Board of Adjustment. McCaughan commented on the difference between (ROWLEY #2 Harris 's report and the report of Rogers. Harris ANNEXATION) noted that Rogers and Mirk were to have met today to go over the matter, but that Mirk was ill. He stated that the staff had not mentioned grant- ing MRM zoning at the meeting, since the matter of establishing zoning was the function of the City Council. Upon McCaughan's question, Cushing noted that the basic conditions were to protect the ravine and establish a road system, in accord- ance with the Planning Commission recommendations, but that the Council had the option to change con- ditions. J. Johnson noted that he favored the PUD concept. Harris confirmed for B. Johnson that the Council could establish zoning allowing fewer than 23 units per acre. Masters favored 19 units, noting that any development would impact the surface water runoff and the traffic conges- tion. McCaughan suggested that the open area of the canyon should not be lost and that he would prefer that the housing units be clustered away 10 7 November 19, 1979 ZONING from the canyon. Wickstrom noted that the zoning was conditioned on certain road improve- ments and that the covenants for these improve- ments were tied to MRM zoning. Carey suggested that the City would have to approve site plans under a PUD concept and thus have more control. Harris confirmed that a PUD could be required with MRM Zoning. Rogers stated that they would agree to the PUD concept if the zoning for the ravine was given as MRM with 23 units per acre. He further stated that if action was not taken tonight that they would withdrawn their "no protest" for the formation of the LID for the road. Heutmaker stated that they couldn' t speak for the other owners in accepting conditions of PUD (ROWLEY #2 zoning, but only for the area below the 375 ANNEXATION) topog line. Gene Oliver stated that the Wright property did not abut the ravine and that there was no rea- son to impose PUD requirements on, this parcel. Mr. Hoover, representing himself and Bob Hastings, stated that Heutmaker had made concessions re- garding the ravine and that the rest of the area should be straight MRM zoning. Cushing noted that the Council could elect to apply PUD zoning to the ravine and the property abutting the ravine only. Harris noted that this would exclude several owners to the west who did not border the ravine. Dan Mackelwaite expressed concern as to whether there was enough access for a road between the ravine and his duplex on S. 248th. It was deter- mined that Mackelwaite would be involved in the proposed LID. After all who wished to speak had been heard, MOONEY MOVED to close the hearing, Carey seconded. Motion carried. i November 19, 1979 ZONING McCAUGHAN MOVED to zone the property MRM with the condition that any development by any property owner in or adjacent to the ravine be subject to PUD requirements, and further, that a suitable road system be approved by the staff, and in addition, that the conditions contained in Ex- hibit A submitted tonight by Mike Rogers be (ROWLEY #2 made a part of the agreement. Carey seconded. ANNEXATION) It was clarified that this would be MRM zoning with a maximum of 23 units per acre. Mooney noted that the Council and the developers have been made aware that the noise and lights from the nearby athletic field may pose a problem to future residents. Motion carried unanimously. Rogers asked for clarification as to what was meant by "adjacent to the ravine. " Harris stated that it meant any property touching on the ravine and the Council concurred. COUNCIL Public Works Committee. McCaughan reported that there would be no meeting of the Public Works Committee this week. Parks Committee. Mooney reported that the Parks Committee would meet on November 27. Public Safety Committee. Masters noted that the Public Safety Committee had met last Tuesday and that minutes of the meeting had been distributed. Council/Planning Commission. Cushing reported that there would be a joint meeting with the Planning Commission at 5:00 o ' clock p.m. , Monday, December 3, at Meeker's Landing. Council Election. Elliott reported that Bailey would be certified as Councilman before the next meeting, and therefore this would be his last official meeting as a councilperson. The Council expressed appreciation for his services. 12, - November 19, 1979 FINANCE (CONSENT CALENDAR ITEM 5G) District Court Filing Fees. AUTHORIZATION for the Mayor to sign an interlocal agreement between King County and Kent establishing District Court fees as discussed and approved at the Council workshop of November 13, 1979. (CONSENT CALENDAR ITEM 5Q) Advance Construction Clearing Fund. ESTABLISHMENT of a revolving fund as recommended by the Public Works Committee using $20,000 Current Expense funds for the purpose of paying for engineering services relating to the formation of a Local Improvement District for those instances where the formation of the district is assured but staff work load would not permit it to do the preliminary workups. (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through November 16, 1979 after review by the Finance Committee at its meeting of November 30, 1979 at 3:00 o'clock p.m. Claims approved by the Finance Committee at its meeting of November 15, 1979 are as follows: Current Expense $119, 285.76 Parks & Recreation 20, 185.67 Library 2,073.28 City Streets 29, 231.60 Kent Commons Operating Fund 943.77 Federal Shared Revenue 4, 609.85 Russell Rd Park Ph. II 26,024.00 S. 180th - WVH-EVH 1,477.76 Kent Commons Ph. II Const 84,653. 28 UAB 13 - 84th Ave. S. Const. 133,702.53 Lower Mill Creek Basin 4,477.55 1978 Water Rev Const 14, 295.00 Kent Springs Chlor Equip 64,493.63 Equipment Rental 3,045.73 Housing & Comm Dev 634.75 Arts Commission 692.63 Unemployment Trust Fund 279.94 13 - November 19, 1979 FINANCE Workmen 's Comp $ 121.27 Firemen 's Rel & Pension 37.88 LEFF Disability 1, 773.37 LID 283 135. 16 Sewer 4, 713.87 Garbage 112, 174.50 Water 27,662.09 $656, 719.87 Interest Bearing Warrants LID 283 - Streets, Sewer & Water S. 216th, S. 220th, 72nd S. , 70th S . & WVH Daily Journal of Commerce $ 42.50 Royal Graphics 92.66 $ 135. 16 ADJOURNMENT ELLIOTT MOVED that the meeting be adjourned at 9: 30 o 'clock p.m. , J. Johnson seconded. _- Motion carried. Marie Jent CMC City Clerk 14 -