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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/04/1980 1 Kent, Washington February 4, 1980 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. by Mayor Hogan. Present: Councilpersons Bailey, Carey, B. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Planning Director Harris, Acting Public Works Director Wickstrom, and Finance Director McCarthy. Also present: Administrative Assistant Webby, Planning Commis- sioner Baer, & .URS representative- Ramsey. Councilperson J. Johnson was absent. Approximately 20 people were in attendance at the meeting. CONSENT B. JOHNSON MOVED that Consent Calendar Items CALENDAR A through Q be approved, Masters seconded. Item R was removed at the request of Council- person Mooney. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of January 21, 1980 with the following correc- tidn: "Those assigned to the Public Works & Planning Committee are Mooney (Chairman) , Masters and CAREY. " HEALTH & (CONSENT CALENDAR ITEM 5G) SANITATION LID 299 - Sanitary Sewers - Sam Street & Helen Street from West Valley Highway to a point 500 ' east of the West Valley Highway. ADOPTION of Resolution No. 884, a resolution of intent for the formation of LID 299, and setting the public hearing date on the proposed LID for March 3, 1980. (CONSENT CALENDAR ITEM 5N) Outside Sewer Service Request. APPROVAL of the request of Caveness Engineers for outside sewer service to property located at S.E. 222nd and 108th Avenue S.E. , consisting of approximately 3. 74 acres, subject to the provisions of Resolu- tion No. 822, and in accordance with the recom- mendations of the Public Works Committee. (CONSENT CALENDAR ITEM 5P) Outside Sewer Request. APPROVAL of the request of Mayer Built Homes for outside sewer service - 1 - i February 4, 1.980 HEALTH & to a parcel of land located at 22224 - 108th SANITATION Avenue S.E. , subject to the provisions of Resolution No. 822, and in accordance with the recommendations of the Public Works Com- mittee. I WATER (CONSENT CALENDAR ITEM 5Q) Holly Glen Townhouse Water Main Extension - Bill of Sale. ACCEPTANCE for continuous operation and maintenance of the Bill of Sale and Warranty Agreement for approximately 1906 ' of 6" water main extension constructed for Holly Glen Townhouse in the vicinity of. 1810 Maple Lane, as recommended by the Engineering Department, and AUTHORIZATION for release of the cash bond after payment of outstanding bills against the project and the expiration of the one-year guarantee period. Bids - Renton/Kent Water Intertie. The Council was furnished with a memo from Wickstrom regard- ing the February 11, 1980 bid opening for the Water Booster Pump Station at S . 180th and 88th Avenue S. Wickstrom requests that the Mayor be authorized to award the contract to the most favorable bidder so as not to delay the award until the February 19 meeting. He notes that funds for this project in the amount of $99,828 ! will be taken from the unencumbered balance of the Water Department budget. MOONEY MOVED that a Special Council meeting be convened at 6: 30 o'clock p.m. on February 11, 1980 for the pur- pose of awarding the bid on the Renton/Kent Water Intertie, Masters seconded. Motion carried_ Daon Pacific Request for Outside Water Service. It was noted by B. Johnson that the Public Works Committee had considered the request of Daon Pacific for outside water service to Kentridge Estates #4 and ##5 located in the vicinity of S.E. 280th Street and 124th Ave. S.E. and had taken the position that this request and any others would not be authorized i 2 - i February 4, 1980 I i WATER until such time as the City could solve its water problems. i STREETS (CONSENT CALENDAR ITEM 5K) LID 289 - Kent-Kangley Road Improvement (S.E. 256th to 116th S.E. (Portion INSIDE City limits.) ADOPTION of Resolution No. 885, a resolution of intent for the formation of LID 289, and setting the public hearing date for March 3, 1980. (CONSENT CALENDAR ITEM 5L) LID 298 - Kent-Kangley Road Improvement (S.E. 256th to 116th S.E. (Portion OUTSIDE City limits.) ADOPTION of Resolution No. 886, a resolution of intent for the formation of LID 298, and setting the public hearing date for March 3, 1980. SR 516. In response to Councilperson Mooney's question, the Mayor noted that she had had no further communications regarding the proposed SR 516 project. Mooney reported that he had attended two meetings of the Roads & Bridges Committee, one of which was attended by Zirkle and one by Spellman. He indicated that there seemed to be a total lack of communication between the two parties. He noted that the position of both Kent and Auburn with regard to the project was made clear to both gentle- men. Mayor Hogan noted that the County Execu- tive appears to have taken the position that the mitigating measures taken by Kent were not adequate and that Spellman and his legal staff were reviewing the history surrounding the project for reconsideration of the matter. Mooney referred to the time loss involved for both Police and Fire emergencies because of the road not being completed. Upon Bailey's question, Masters advised that County Council- man Barden had been advised that a meeting 'I was going to be scheduled within the next 24 hours and that this had happened four times. In response to McCaughan's question, Mayor 3 - February 4, 1980 STREETS Hogan determined that the permit that was holding up the project was the Shoreline Permit and if and when that was granted the other permits would be forthcoming. TRAFFIC (CONSENT CALENDAR ITEM 5D) CONTROL Temporary Parking on 4th Avenue. APPROVAL of the request of the Parks Department to erect temporary parking signs and utilization of the outside lanes of Fourth Avenue between Tames and Smith Street for parking between the hours of 7: 00 o'clock p.m. and midnight on Friday, February 15, 1.980, in conjunction with the j official opening of the Kent Commons. The Traffic Engineer and Police Department have been contacted and expressed no objections. i RAILROAD Spur Crossings. The City Attorney introduced CROSSINGS an ordinance for two spur crossings on 4th Avenue N. north of S. 228th (Union Pacific Railroad) and an ordinance for a spur crossing on S. 208th east of the East Valley Highway (Burlington-Northern Railroad) . Mirk explained that the crossing on S. 208th was approved previously by the Council as well as the 4th Avenue crossings. He explained that Section 11 of the ordinance provides that it cannot j be passed until five days have elapsed since j its introduction to the Council and that the ordi- nances could not, therefore, be passed until the February 19, 1980 Council meeting. He also noted that the ordinances granting the franchises for the railroad crossings have been modified to include a provision that the railroads will bear the costs of signaliza- tion at the time the crossings are improved j during the course of street improvement pro- jects, should any take place. He also noted j that an agreement has been executed with j regard to the Benaroya Company which will be recorded at the time the ordinance is recorded. MOONEY MOVED for the considera- tion of the ordinances to be delayed to the February 19 meeting, Carey seconded. Motion carried. i - 4 - February 4, 1980 i i STREET (CONSENT CALENDAR ITEM 5H) VACATION Vacation of Portion of S. 238th. ADOPTION of Resolution No. 887 setting March 17, 1980 for a public hearing to consider the Norman Ander- son request to vacate a portion of S. 238th Street. FINAL PLAT (CONSENT CALENDAR ITEM 5C) Battisti Final Plat. SETTING of the date of February 19, 1980 for a public meeting to consider approval, disapproval or return to the applicant for modification or correction of the Battisti Final Plat. REZONE (CONSENT CALENDAR ITEM 5E) Midway Equipment Rezone. ADOPTION of Ordinance No. 2208 approving the rezone of that certain property known as the Midway Equipment Rezone in the vicinity of S. 228th and N. 4th Avenue from HC to CM, as recommended by the Hearing Examiner and approved at the last Council meeting. ANNEXATIONS (CONSENT CALENDAR ITEM 51) Fuller Annexation. SETTING of a meeting with the proponents of the Fuller Annexation for 7:00 o'clock p.m. at the workshop of February 25, 1980. The 10% notice of intention to petition for annexation has been received from Sharon Fuller and the signatures certi- fied as sufficient. (CONSENT CALENDAR ITEM 5J) Gregory-Illian Annexation - 1979. AUTHORIZA- TION for the proponents of the Gregory-Illian Annexation to circulate a petition for annexa- tion. HOUSING & Reallocation of Funds. Mayor Hogan reported on COMMUNITY the Housing & Community Development "Needs" DEVELOPMENT monies which were recently allocated by the Joint Policy Committee. She noted that there was $700,000 available for allocation to the various jurisdictions and in most cases 5 - i I February 4; 1980 HOUSING & the communities ` first choices were approyed and COMMUNITY if possible, the second. She stated, that as DEVELOPMENT shown on the handout from Harris, Kent's first and second choices, Housing Repair Services, and Willis Street Sidewalks Rebuild and. Pedes- trian Walkways, Phase V, were approved for allocation but that the other six were not.. She determined that the Planning staff would have a report prepared for the workshop of February llth as to possible reallocation of funds, if any, and that the necessary reso- lution could be passed at the February 19 Council meeting in order to get it to King County by the deadline of February 20. She clarified for McCaughan that the King Co. Committee had to review all the requests and then make an equitable distribution of the $700,000 funding available; thus many projects for cities were not funded. PUBLIC Sale of Drug Paraphernalia. A letter was SAFETY presented by Don Baer and Charlie Rose protesting the sale of drug paraphernalia within the City limits of Kent. Charlie Rose explained that a group of citizens on the East Hill had been attempting to seek passage of an ordinance prohibiting the sale of such items. He referred specifi- cally to Budget Tapes & Records located at 10451 S.E. 240th, although there were others in the area. He noted that the establishment was not only a sales outlet for tapes and records but also sells tickets for various musical shows and thus is frequented by all age groups. He noted that the drug parapher- nalia was displayed in a glass-topped display case and visible to anyone purchasing from the store. He also noted that since the sale and use of drugs is prohibited by law, the sale of paraphernalia should be also. He stated that the City of Puyallup had recently passed an ordinance prohibiting such sales and suggested that Kent should do likewise so as not to end up as the major source of - 6 - i i i i February 4, 1980 PUBLIC supply of such items. The Mayor suggested that SAFETY the matter be referred to the Public Safety Committee and B. Johnson determined that it could be brought to the meeting on Tuesday morning at 10:00 a.m. , February 5 , 1980, for discussion. In response to Mirk ' s question, Rose clarified that it was their intent that the sale of drug paraphernalia be made totally illegal for any age. MASTERS MOVED that the letter be made a part of the record, and the matter referred to the Public Safety Committee meeting on February 5, 1980. B. Johnson seconded and clarified for Rose that the meeting was open to the public. Motion carried. EMPLOYEES (CONSENT CALENDAR ITEM 5M) Employee Alcohol Program. APPROVAL of the proposal of the S.E. Community Alcohol Center to provide one year' s training for City depart- ment heads, supervisors and foremen in detecting alcohol problems among employees) at a cost of $1500. (CONSENT CALENDAR ITEM 5Q) Travel Expense Policy. ADOPTION of the IRS guidelines increasing the allowance for employees who use private vehicles for City business from 170 per mile to 18.5¢ per mile. (Mirk explained that the City policy would now be tied to the IRS guidelines and would not have to be updated for each change.) ADOPTION of the modification to provide reim- bursement for "tips" as well as meals. B. Johnson clarified that this meant 15% of the meal cost. CIVIL SERVICE (CONSENT CALENDAR ITEM R - Removed at the COMMISSION Request of Councilperson Mooney.) Appointment. MOONEY MOVED to confirm the Mayor' s appointment of Terry Yahn to the Civil Service Commission, Carey seconded. Motion carried. BOARD OF Appointment. MOONEY MOVED to confirm the ADJUSTMENT Mayor' s appointment of Walter Flue to the 7 - February 4, 1980 i BOARD OF Board of Adjustment, Carey seconded. Motion ADJUSTMENT carried. KENT ARTS Appointment. McCAUGEAN MOVED to approve the COMMISSION appointment of Judd Burrow to the Kent Arts Commission, B. Johnson seconded. Motion carried, with Masters ,noting nay. COUNCIL Public Works & Planning. It was noted that COMMITTEES the Public Works & Planning Committee would meet on Wednesday morning, February 6, at 8: 15 o'clock a.m. Public Safety. B. johnson noted that the Public Safety Committee wou:id meet on Tuesday morning at 10:00 o ' clock a.m. and asked that ;McCaughan fill in for J. Johnson who would be unable to attend. Parks Committee. Bailey noted that the Parks Committee would meet: on Thursday morning at 8: 15 a.m. Finance & Personnel. In response to Chairman Carey 's request, Councilpersons Bailey and Mooney agreed to attend the Finance Committee meeting at 3:00 o ' clock p.m. on February 15, 1980 to fill in for B. Johnson and J. Johnson.. Chamber of Commerce Liaison. Councilperson Bailey reported that he had met with Bowen Scarff, President., arid. Cave Finstead, Executive Vice-President, of the Chamber of Commerce to discuss the liaison activity. He referred to discussions regarding development and proposed developments in the City. He noted that he would be attending future Local Government Committee meetings of the Chamber except in those instances where other Council members were in attendance. PUBLIC WORKS Public Improvements Associated with Construction. IMPROVEMENTS An ordinance was presented at the last Council meeting providing for those individuals con- structing buildings to he responsible for the i 8 ._ i I February 4, 1980 PUBLIC WORKS provision of public improvements made necessary IMPROVEMENTS by their construction. At the request of Gary Volchok, the matter was scheduled for a public hearing this date. The public hearing was opened by the Mayor. Wickstrom explained that the purpose of the proposed ordinance was to establish the authority of the City to require building permit applicants to make public improvements and to establish criteria to be used to determine the nature, extent and loca- tion of the required developments. He noted that Kent has many unimproved roads, and that this ordinance related principally to roads and drainage. He pointed out that the ordi- nance provides for interdepartmental review. and that when the proposed ordinance affects residential housing development the Public Works Director would make a determination as to whether the improvements are required. He also pointed out that the ordinance provides a written determination to be made outlining the reasons for requiring the improvements and that there was also a section in the ordinance which provided that a developer could appeal the decision of the Public Works Director to the Hearing Examiner. Gary Volchok:noted that he does not presently have any development in the area but suggested that citizen input was appropriate since the matter would have far reaching effect on all property in the Valley. Referring specifically to street improvements, he suggested that the language in the ordinance was a variance from the standard written language in the Building Codes and questioned whether it was legal to ask for such road improvements "if it is to benefit the public. " He also suggested that the ordinance was giving too much power to one person and that the Public Works Department and Planning Department have sufficient power now. Volchok stated that he felt the City should be responsible for improving streets since the City was benefitting from the services 9 February 4, 1980 PUBLIC WORKS provided by the developers. IMPROVEMENTS John Flerchinger of 458 Scenic way questioned whether passage of the ordinance would require that in order for him to obtain a building permit to build a garage he would have to improve Scenic way. He suggested that the ordinance would cause every builder to raise his price and that there was already enough inflation. Harold Hill noted that in. Virginia it had been determined that it was unconstitutional to require a developer to finance public service facilities. He noted that he had consulted his own attorney and the question was raised as to whether the City has the authority under State statutes to adopt this type of ordinance. He noted that similar decisions have been made in other States and requested that the City thoroughly research the matter. He suggested that the developers needed some way of prede- termining how much work would be involved, as well as the costs which would be passed on to the owners or builders. He referred to the fact that since some of his property fronts on the East Valley Highway it was possible under the terms of the ordinance that it could be a requirement of development to complete that street into a four lane highway with left turn lanes, street lighting, curbs and gutters. He concurred- that there was a lot of traffic in the area but that most of it was through traffic. He referred to right of way and questioned whether the property owner would have to donate the property to make the street improvements. He pointed out that as a condi- tion with his last Short Plat he was required to give enough land for the cul-de-sac and agree to a covenant under which he would put in any street improvements if he wanted to develop the property. Referring to Kent Valley Industrial Park, Hill noted that installation of sidewalks had been required. 10 - i February 4, 1980 PUBLIC WORKS Dan Sheffield of the Associated General Con- IMPROVEMENTS tractors stated that he had been surprised to see that this type of ordinance would be pro- posed as a Consent Calendar item even though it had been discussed at a workshop. He also suggested that such costs should be spread over a broad tax base. He suggested that the ordinance would complicate the permit process and the costs would have to be passed on to the people buying the property. He suggested that the City Attorney should clarify in the ordi- nance what items the Public works Director might consider, the things that would be required of developers, etc. , as the existing language was somewhat vague. Dave Uhrich of Upland Industries stated that he thought the intent of the ordinance was good and that the time had come for such an ordinance so he was therefore speaking in favor of it. He stated that it was obvious where the ordinance should be applied and referred to areas that were planned and developed comprehensively and other areas where no conditions for public improvements were made. He noted that he did take exception to the way the ordinance was written since it left the decisions open to arbitrary interpreta- tion. He suggested that if the Council was going to pass an ordinance of this type they should draft guidelines for the improvements that would be required. He referred to specific questions such as whether or not a developer would have to improve the entire street or only at his property. He stated that while he favored the ordinance more specifics should be included. Raul Ramos stated that he agreed with Uhrich that the ordinance was lacking in specific guidelines and criteria. He referred to Section 6 and questioned what the "city`s Improvement Program" was. He also referred to the fact that without definite guidelines and criteria - 11 - February 4, 1980 PUBLIC WORKS it would be difficult for a decision to be IMPROVEMENTS made on any action that was appealed. Referring to the Improvement Program, " Mayor Hogan noted that the City does have standards for development, including streets, sidewalks, curbs and storm drainage. Wickstrom referred to the Construction Standards under which the City operates and noted that while they should be updated they still contain the necessary standards and guidelines . He also noted' that the City has adopted the American Public Works Association Standards and operates under these guidelines. Wickstrom clarified for Mayor Hogan that in some rases compliance with the ordinance would merely require the execution of an LID Covenant. Referring to perimeter streets, Mirk stated that the normal rule is that if they require improvements and it is for the development, it is the responsibility of the developer; if it is for the general public then the developer need pay only his fair share. Mayor Hogan questioned whether this applied to easement roads and Wickstrom note-d that it included only public roads . Mirk clari- fied that State law is quite clear, stating that the City can require dedication for streets, parks, open spaces or even for schools and that there was no question as to the legality at this time of requiring dedication for public improvements. In response to the Mayor ' s question as to the costs involved, Mirk stated that the developer would know the costs before the project began because of the project review process which exists in the City. He also stated that the developers were already passing on the costs of such improvements to the new owners. Bailey commented to Volchok that while he agreed with his concerns and h .s request for a. public hearing, the good of � 1)e community is the Council 's - 12 -- i February 4, 1980 PUBLIC WORKS paramount concern. Referring to the concerns IMPROVEMENTS over Scenic Way, he suggested that there was no way to widen that street. He noted that in other cities such as Tukwila and Bellevue the improvement costs are now passed on to the developers. Hill commented that while there was a need to have an ordinance that the cost of the improvements should not be the responsibility of the developer but should be handled through the LID process, Government funding or tax monies. He agreed that he would like to see good roads now but questioned whether the developer should have to pay the entire costs of street improve- ments if the street runs in front of his property. In response to Bailey ' s question as to whe- ther that was the intent of the ordinance, Mirk replied that East valley Highway is a major arterial and explained that the City does not require dedication for improvement of such streets but does require reservation for future purchase of the necessary rights of way. He explained that the ordinance could not possibly cover every situation that might arise, and that a set of standards should be adopted. He suggested that input be received from interested developers to be considered by the Council. for inclusion in the ordinance. Cushing noted that the ordinance was developed after reviewing similar ordinances from other cities and suggested that they probably revise their ordinances from time to time as they encounter problems. BAILEY MOVED that action on adoption of the ordinance be deferred for 30 days to afford an opportunity for further input. Upon Mirk's suggestion the motion was changed to continue the public hearing to March 3, with input to be received by February 18 so that it may be 13 - February 4, 1980 PUBLIC WORKS discussed at the February 25 workshop. Mooney IMPROVEMENTS seconded. Motion carried. FINANCE (CONSENT CALENDAR ITEM 5F) Nagasawa Segregation Request - LID 282. ADOPTION of Resolution No. 888 approving the segregation request of Taki Nagasawa of Assessment #21 in LID 282. (CONSENT CALENDAR ITEM 5B) Approval of Bills . AUTHORIZATION for payment of bills received through February 4 after approval at the Finance Committee meeting of February 15, 1980 at 3:00 o 'clock p.m. (Henceforth the bill payments will be detailed in the Finance Committee minutes . ) EXECUTIVE CAREY MOVED for an executive session at 9: 30 SESSION & o'clock p.m. for discussion regarding the ADJOURNMENT Kent Highlands Landfill site and labor negotia- tions. B. Johnson seconded. Motion carried. The meeting reconvened at 10: 15 o 'clock p.m. and upon McCAUGHAN ' S motion the meeting was adjourned. Marie Jens/en, CMC City Clerk 14 -