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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/03/1980 Kent, Wash4ngton March 3, 1980 Regular meeting of the Kent City Council was called to order at 8: 00 o 'clock p.m. by Mayor Hogan. Present: Councilpersons Carey, B. Johnson, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Planning Director Harris, Acting Public Works Director Wickstrom, and Finance Director McCarthy. Councilperson Bailey was not in attendance. Also present: City Treasurer Drotz, Fire Chief Foster, Administrative Assistant Webby, Parks Director Wilson, Hearing Examiner Burke, Planning Commissioner Hamilton and URS representative Abed. Approximately 50 people were in attendance at the meeting. immediately following the roll call the Council adjourned to an Executive Session. The regular meeting was reconvened at 8:40 o'clock p.m. CONSENT MASTERS MOVED that Consent Calendar Items A CALENDAR through P be approved with clarification on Items J, L and P. B. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular meeting of February 19, 1980 and APPROVAL of the minutes of the Special Meeting of February 25, 1980. HEALTH & (CONSENT CALENDAR ITEM 5F) SANITATION Bill of Sale -- Royal Development Utility Exten- sions. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 357 feet of water main extension and approximately 563 feet of sanitary sewer extension constructed in the vicinity of Kent-Kangley and 109th Avenue S .E. for continuous operation and maintenance and release of the cash bond after expiration of the guarantee period and payment of any out- standing bills against the project. (CONSENT CALENDAR ITEM 5G) Bill of Sale - Trinity Reformed Church Sewer Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for the sanitary sewer extension - 1 - March 3, 1980 HEALTH & constructed for the Trinity Reformed Church at SANITATION 3807 S. 260th Street consisting of approximately 306 feet of 8" sanitary sewer line for continuous operation and maintenance and authorization to release the cash bond after the warranty period has expired and all outstanding bills against the project are paid. LID 299 - Sanitary Sewer (Sam Street & Helen Street from WVH to a point 500 feet east of the WVH. ) This date has been set for a public hearing on the formation of LID 299 to construct sanitary sewers in the vicinity of Sam Street and Helen Street from West Valley Highway for approximately 500 feet east. Wickstrom explained the project, costs and financing. The public hearing was opened by the Mayor. Dick Strain referred to Assessment Item #2 and noted that some years ago the Strains had in- stalled a sewer at their expense and dedicated land for access to Helen Street, all before the Valley Freeway was put in. The Freeway took the lots fronting on Lincoln Avenue. The Strains ask to be deleted from the LID inasmuch as the existing sewer would be sufficient for commercial zoned property. The Clerk noted receipt of a letter of protest from Lamar and Betty Strain. J. JOHNSON MOVED to accept the letter for the record, Carey seconded. Motion carried. Upon questions from the Council, Wickstrom noted that the assessment had been reduced when the existence of the sewer was known but that no reduction had been made for the dedica- tion made by the Strains. Upon Strain ' s ques- tion Wickstrom noted that the general rule is that if the sewer line is less than 10 feet deep, a 10 foot permanent easement is required. There were no further comments and MOONEY MOVED to close the public hearing. J. Johnson seconded. Motion carried. - 2 - March 3, 1980 HEALTH & MASTERS MOVED to meet with Mr. Strain at the SANITATION workshop of March 10, 1980 at 7: 00 o ' clock p.m. B. Johnson seconded. Motion carried. WATER (CONSENT CALENDAR ITEM 5C) LID 286 _ 76th Avenue S . Water Main 5 ......208th to S . 190th.) SETTING of a public hea.zing date of April 211 1980 to consider the Final Assess- ment Roll for LID 286. (CONSENT CALENDAR ITEM 5C) Bill of Sale - Hayashi .short Plat Water Main Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for the water main extension constructed for the Hayashi Short Plat in the vicinity of 46th Avenue S. and S. 271st Street and release of the cash bond after payment of any outstanding bills against the project and expiration of the warranty period. Bids -- Kent/Renton Water Intertie (S. 180th Booster pump Station. ) i3ids were received on February 29, 1980 for the s . 180th Street Booster pump Station as follows: Bidder .r________,._—.— Amount - Kohl Excavating, Inc. . . . . . . . . . . . . .$65, 750=00 Ralph Co. , Inc. . . . . . . . . . . . . . . . . . . 72,400.00 Flow Systems Constructors. . _ . . . . . . 73, 532.,85 Lindbrook Construction. . . . . . . . . . . . 74, 690.00 Lakevue Construction. . . . . . . . . . . . . . 74, 900.00 Sheldrup Construction, Inc. . . . . . . . 86 , 500.00 (Engineer ' s Estimate $67,675.00) Upon the recommendation of URS , J. JOHNSON MOVED that the best bid of Kohl Excavating, Inc. in the amount of $65, 750.00 be accepted, Mooney seconded. W.ickstrom explained that the funding for the project. would come from the uncommitted funds o: the Water Department. ,Motion carried. STREETS LID 298 - Kent--Kanglee�_Street Improvement (S.E. 256th to 116th_Ave. S .E. _(OUTSIDE CITY) . This 3 _ March 3, 1980 STREETS date has been set for the public hearing to consider the formation of LID 298 to construct street improve- ments, sanitary sewers and water mains. This is a joint project with the State. Acting Public Works Director Wickstrom explained the scope of the pro- ject and the costs, including the method of financ- ing. The public hearing was opened by the Mayor. There were no comments from the audience. Protests have been received from the following: Assessment No. Name -- 1 Josephine Noble 2 Alice West 3 & 4 M. M. West B. JOHNSON MOVED that the letters be ac:cepted� arLd made a part of the record, Mooney seconded. Motion carried.. MOONEY MOVED that the hearing be closed, B. Johnson seconded. Motion carried. McCAUGHAN MOVED that the City Attorney be directed to prepare the ordinance creating LID 298, Carey seconded. Mirk noted that the protests totalled 590/0 of the gross valuation of the project and at his suggestion the motion was WITHDRAWN. J. JOHNSON MOVED that a meeting be held with the protestors at the workshop meeting of March 10, 1980 at 7:00 o ' clock p.m. , Mooney seconded. Motion carried. LID 289 - Kent-Kangley Street improvement (S.E. 256th to 116th Avenue S .E. (INSIDE CITY LIMITS This date has been set for a public hearing to consider the formation of LID 289 to construct street, sanitary sewer and water main improvements. Acting Public Works Director Wickstrom explained the location of the project and its scope as well as costs to the property owners . The public hearing was opened by the Mayor. 4 March 3, 1980 STREETS There were no comments from the audience. The Clerk noted receipt of the following protests: Assessment No. Name 12 1)r. 44 vicker; Enterprises 41 Flovd & Florence Lien 40 Bruce Harrod, Attorney for Flor,etice Rasmussen 39 Peoples National Bank, Trustee for T`,, ibeau Estate Ralph Hurn, Trustee for East H11i Investment Co. lo & 11 Williai)+ B. & Patricia Criss 28 & 29 A. Tindscierfer 27 It. undsder5c-r 38 W. F. Barnes MOONEY MOVED that the correspondence be accepted and made a part of the record, Yasters seconded. In resnonse to Mooney' s question, Wickstrom rioted that t,he protests received represented 24.6% of the project . Motion carried. B. JOHNSON MOVED that the hearing be closed, Masters seconded- Motion. carried. McCAUGHAN MOVED that a meeting be held with the protestors on LID 289 at the March 10, 1980 work- shop at 7: 00 o ' clock p.m. , Mooney seconded. Motion carried. (CONSENT CALENDAR. ITEM 5D) LID 291 - S . 196th Street_LTproyement_(WVH to Russell Road. ) The Public Works Committee has reviewed the engineering proposal from URS in the estimated amount of $78, 000 for the development and street design work for LID 291. ACCEPTANCE of the proposal of URS is authorized. RAILROADS (CONSENT CALENDAR ITEM 5K) Burlington-Northern 1cailroad Motion Detector Projects. AWARDING --f the contract to Burlington- Northern, Inc. as rec-ommended by the Acting Public i March 3, 1980 RAILROADS Works Director for the installation of railroad motion detector devices at the S . 228th Street and S . 212th Street Burlington-Northern Cross- ings. Executed agreements have been received and the PS&F; for moth projects have been reviewed and approved. The total. project cost is $139, 340 with the City' s share being Y13, 934. The project is budgeted in the 1980 City budget. (CONSENT CALENDAR. ITEM. 50) Railroad Spur Cro._sing - Burlington-Northern (S . 208th�_. ADOPTION of Ordinance No. 2011 approving a spur crossing on S . 208th Street east of the East Valley Highway. Gated Crossings . The Clerk noted receipt of a letter from Henry Towne :regarding the gating of railroad crossings. MOONEY MOVED that the letter be made a part of the record, F. Johnson seconded. Motion carried. ANNEXATIONS (CONSENT CALENDAR .ITEM 5E) Fuller Annexation. ACCEPTANCE of the recommenda- tion that the Fuller Annexation be dropped. A meeting was held with the affected property owners on February 25, 1980 at the Council workshop and in discussion with the property owners it was determined that the possibility of obtaining a 75% petition to annex would be slight. PUBLIC WORKS Public Works Improvements Ordinance. The public IMPROVEMENTS hearing on this proposed ordinance has been con- tinued from the February 4, 1980 Council meeting to this date. The Acting Public Works Director is requesting continuation of the hearing until April 7, 1980 to allow time for completion of the Environmental Impact Statement. The Clerk has distributed a letter from Robert and Bertha Voie relating to this matter and B. JOHNSON MOVED that the letter be made a part of the record and that the hearing be continued to the April 7, 1980 meeting, McCaughan seconded. Motion carried. DRAINAGE (CONSENT CALENDAR ITEM 5P) Drainage LID. A petition signed by eight property 6 - March 3 , 1,980 DRAINAGE owners has been rece-ived by -.-.ha Public Works Committee requesting that a ULID be formed for a drainage ca.na .l system iri the area bordered by West Valley iiqhwa_y on the east, th-,.,: Green River on the west. S . 212-ch can the north, and James Street or) the ­3out.h. In response to McCaughan ' s question as to whether the Council should iDroceed on th­! �.riaz- t-e t r a , this ti.n.",c , Wickstr'ow rioted that iL aas intended th,�it thF= north-south channel slr,ou'�I.d be cons trlv^ted now and not held up until after the IPP studies were completed. 1 =r ri,:,,ted for McCaughan -Lhdt when the projiect- reacned the ULID stage it would be ri-corim­r,1�==0 i-1-at the channel go to Meeker on the., south, PARKS & (CONSENT CALENDAF ITEM !)I) RECREATION King _Cjo_ j_it_ _Ke_nt_-LJoint _Recreation Program Con tract. jATTT110RIZATION for the Mayor to sign t he agreement vn-th County for Joint Recreational Progranuninc , - 'Ps Depart- 3 -'s r--cominerided by the Par ment. The -jmo1jj-,0--, ,,-;as been increased $3, 000 for 1980 for a total $28, 000. LIBRARY (CONSENT (,�sj_,ENDAR I'I'EM 5L) BOARD Appointment. CONFIRMA111,10N of the Mayor 'i-, appoint- ment of Sally R. iiopkins to th.-,:� Library Bcard to replace Florence Cunningham who has completed the maximum of tV,70 terms. It was determined for Masters t-fLat_ f,o k ins, was not in attendance tonight. PLANNING (CONSENT CALENDAR ITEM ',,M) COMMISSION Resignation. ACCEP117ANCE with regret of the resignation of Darre' l. Phill-ipson from the Planning Comrr,.issioll FIRE (Consent Calendar Item 5N) DEPARTMENT Open Burning. SETTING of March 17, 1980 for a public hearing for the repealing of Resolution No. 720 which p-cohlibit,-, open fires in the City. The Fire Chie-L recuTmiends that open burning be permit ted c_-i 'sums tances as des- 1979. cri-bed dn 18, March 3. 1980. FIRE CODE Uniform Fire Code & Amendments Thereto. A public hearing was conducted on February 19, 1980 at which time the Council. approved adopting the 1979 Uniform: Fir: code with an amendment requi r- ing automatic sprinkler systems for commercial and industrial buildings. J. JOHNSON MOVED to approve Ordinance No. 2212 adopting the 1979 Uniform Fire Code with th^ amendment , as proposed, B. Johnson seconded. Motion carried. B_ Johnson noted that the Public Safety Committee, on Febru- ary 26, 1980 further considered requiring sprink- lers in all buildings of 6, 000 of more square feet and she MOVED to include this provision in the Code as another amendment. J. Johnson seconded. Mooney noted that the cost of install- ing the sprinkler systems would causa increases in the rents and that although he would vote for this amendment he would oppose any future action, which might increase building costs of apartments or houses. Upon questions from the Council, Fire Marsl:.al Barber noted that the chief concern was the spread of fire on the exterior of aparument buildings, noting that fire spr(-:,ads around and then up from a deck. Mr. Summers of the Mueller Group suggested substituting 8, 000 square feet for the 6, 000 square foot figure. Bob Defner, architect, stated that if the main purpose 1,-ras saving lives that the sprinklers should be required in single family residences as well and that: there were other alternatives if the goa.1 was to reduce property damage. B. Johnson noted that the City has the manpower to fight single family residential fires, but that other safeguards were needed for multi-family, commercial and industrial. bier proposed amendment carried unanimously. CENTRAL A letter has been received from Jim Curran, Presi- BUSINESS dent of Kent Development Association, requesting DISTRICT approval of funds for Dennis Neifert to provide CBD presentation services to the Kent Development Association on an hourly basis. The Finance Com- mittee has recommended and B. JOHNSON MOVED that - 8 March 3, 1980 CENTRAL the proposal be approved in an amount not to BUSINESS exceed $2, 500, McCaughan seconded. Motion DISTRICT carried. BIDS Equipment Rental . Tr4ic7,,,.strom recommendcd 4'..nat the following bids warded: Item Amount $15, 901.35 L.oader avlor-_ 2) 1 1.980 Craig- 27, 6";z' . 94 Loader Back'-, c __Ica - Cascade 4, 661., 93 3) 1 1980 Tracti-.: actor Station Bowen Scarf f 1 3 0 2. 7 5 Wagons r . 0-9.6 5) 2 4-door Sedans -ze scarf 11 or-- Sedan'- Rowen Scarf-f 5, 434w64 -,a 6, 944.51 b & Matson Chas is '_,odqe 8) 1, _3 Ic n C 3 h Tom Matson 5, 991 , 32 Chassis Dof..'.3e __, ___ 9) 4 1/2-Ton Pick- ­_kmor,,, Matson 24,424.46 Dodqe He noted that item #4 was only $6 higher than the low bidder, but that- ' -.e vehicles could be serviced locally with this bidder. wickstrom further pointed out that the 'hid for item #3 was received five minutes late and that the bid check was not certi- fied. Mirk state ' I -h-..t. since this was th(--:�- orl-17 bid received for this piece of equipment-, and that the official call for bids was no longer required by State law for this type of parchuse, that the City --.k_,�ard this item. B. JOHNSON M(-)\rFD to apiprove the purchases as recom- mended, Carey seconds-:"I Motion carried. SPRING B. Johnson noted that the matter of the annual CLEAN-UP Spring cleanup had been discussed and it was deter- mined that the C,. j , go ahead with it again March 3, 1-980 SPRING this year. She noted that the Committee felt CLEAN-UP that this was the last year the city would be involved because of the expense of labor and gasoline. it wars ��(­.inted out V)at containers would be furnished by the Cl-,.ty ' F, c3arbage con- tractor, General Disposal, for t ,(,-)se people who live inside the (" Ity of Kent. Reference was made to I _)utside burninq within the City limits and Poster advist�,_'; that this would only be under certain circumstances, at specified times , and that a public hearing an this matter was schedu�.ed for March ti51, The Mayor noted that the annual clean--ur) was effec- tive and was appreciated by the citizens and that she hoped it would not be discontinued. CONDITIONAL Widing Transportation Co. The Clerk noted USE PERMIT receipt of a letter from Mr. Chapin, attorney for Widing Transportation Co. , regarding the fact finding hearing of February 20, 1980 before the Hearing Examiner. MOONEY' MOVED that the letter be -,iiade a part of the record, B. Johnson seconded. motion carried. FINAL PLATS Daon (f.ormer-ly Westform) Addition Preliminary Plat. Harris recommended approval of a request from Leonard Schroeter on behalf of the West- (DAON form Addition Preliminary Plat (now Daon) , for ADDITION) a six month extension for Final plat approval, which is permitted under the Kent Subdivision Code. MOONEY MOVED for approval of the exten- sion, B. Johnson seconded. Motion carried. Southcenter Corporate Park Fina?. Plat. The Final Plat of Southcenter Corporate Park has been signed (SOUTHCENTER by the City Engineer and the Planning Director. CORPORATE To comply with the Subdivision ordinance regula- PARK) tions a meeting must now be held by the City Council for the Final Plat to be approved, disap- proved or returneA1 t-o the applicant for modifica- tion or correction . (Consent Calendar item 51 Clarific4t�n as written by the Parks Department recommends "that the 10 - March 3 , 1980 FINAL PLATS Council remove the granting of Ti-:a-ct A of the Southcenter Corporate Park Final Plat as a con- dition of Final Plat:_ app-1-oval. " Miil.- stated that there had been some confusion -s to 11--he donation of property along the dike and that (SOUTHCENTER Uplands had negotiated with the City to donate CORPORATE the property as a tax break for them and so PARK) that the City could use it as a basis for matching funds with IA . He further stated that Tract A was never a condition of the preliminary plat approval and that It was dedic6ted f.o th.r. City for open space . The Council concurred in his recommendation to approve Item 5J as writ-Iten above. CAREY MOVED that the Final Plat cf So,11thcenter Corporate Park be accepted with the conditions of Preliminary Plat apprrval, McCaughan seconded.. Motion carried. REZONE Reclassification Request of Arrow Development Corporation. The recommendation from the Hearing Examiner on the Arrow `evelo-pment Corporation ai request for reclassifici.on of 241 acres "Loca- ted west. of the Gre�_,n liver sou-1,-.',i of S. 228-th Street north of James Street west of the W(��6t Valley Bigh,,4ay has bE!en made a part of the official record and has been distributed. The Hearing Exar. in.er has rec,-IMMended the rezone from MA to MR-G 1)e_ ipproved with the cond;*,.tions listed in her report. MOONEY MOVED that- i_he rec%nimendation o�," the Hearing Examiner be .--iccepted and adopted for the rezone requested by Arrow Development. Corporation and for the City Attorney to draft the necessary ordinance, Masters seconded . Motion carriod. FEDERAL Kent Valley_Youth Services. Cushing noted that REVENUE discussion has been held with regard to funding SHARING for the Kent Valley Youth Services and noted that the Finance Committee has suggested that Federal Revenue Sharing fun,,-..,,-. he used. He pointed out that there was abo�,it $59, 000 left in the fund. March 3, 1980 FEDERAL It was determined that the funding of this organiza- REVENUE tion should be discussed at budget time to consider SHARING other ways of funding. B. JOHNSON MOVED that the Council approve the $12, 654.00 funding for Kent Valley youth Services from Federal Revenue Stirring funds, McCaughan seconded. it was suggested that the city approach King County aLout funding for multi-service agencies . motion carried. PERSONNEL Teamsters Contract. CAREY MOVED that the settle- ment negotiated between the Teamsters Union the City be approved and that the mayor be au""h-- orized to sign the contract subject to approval as to form by the City Attorney. B. Johnson seconded. motion carried. ZONING Rowley Annexation #2 - PUD Requirements. This matter was reviewed at the February 25 workshop _ and referred to this meeting for discussion and clarification of the north/south road alignment. (The public hearing on the zoning of the an�iexa- tion was held at the November 19, 1979 Council meeting) . Wickstrom displayed a map of the pro- posed road LID, noting for McCaughan that an attempt was being made to keep the road entirely out of the 375 ' contour line, so the road might. have to be shifted or a retaining wall of con- crete or rock built on at least one side. He noted for Masters & B. Johnson that the drainage would have to be retained over a longer period of time before being released into the canyon, and that the retention requirements would be incorporated into the design. Upon Carey's ques- tion he said that the reason that the road was so close to the canyon was to minimize the damage both to the property and to the canyon. Mayor Hogan noted that the discussion at the workshop was to determine whether the City Still wanted the PUD concept for the balance of the property after subtracting the portion needed for the road and that the question was what the density for the remaining property would be. Carey stated that he understood that the previous 12 -- March 3, 11-98C ZONING action had nothing to do with the 375 ' contour line--that it had to do with the pi.ax.LrAtY to the canyon--and asked if we had ever allowed highways to be included in the ,.-j-Pen space por- tions of a PUD. Wickst '4 rom noto�.� tliat tais was the first such proposal. carey �_ !:atcd that a road had to be put in and the placement as pro- posed was not his -idea of protecting the sensi- tive area of the canyon. Harris confirmed that the last time this type of PUD i,,,a:.-, approved the-,, developer built at a density less tthan that approved and that the PUD concept was never consummated. He further determined for the Council that the Code provides for .�. 20% Yionus if all the considerations for the PUD are met, such as trails, open !,,pace, etc. , and that PUDs are special items under the Code. He defined the question as--if the property for the .-,-(.)ad is deeded , is the nri)perty still considered as touching Lhe cany- and t'.he 375 contour line. Hastings stated that with the land needed for the road he would be '-osing 27% of his property, that lie didn ' t believe that the PUD concept was really what the City .canted and that the road as proposed by wicks'l-rom was the best concept. MASTERS MOVED to include the right of way for the road in the density factor for the PUD. B. John- son seconded. McCaughan noted that in another proposed rezone, th- Hearing Examiner left the roads out of the total. area to be developed when recommending the density. Masters stated that it seemed unfair tn delay the developers and that the ordinance could be later corrected. Upon Carey' s question, Harris stated that. most - apartment cninplexes do not have pub_A!_­ st reets through them, only around the complex. Carey stated that if the road is placed as proposed, the owner is no longer bordering on the sensitive area, and maybe the PUD concept is not proper based on the remaining property . ThE� a:kotion FAILEI), with all voting again-s't JA oxcef)L- Masters . MONEY MOVED that inasmuch as the road is adjacent 3 March 1980 ZONING to the 375 ' contour line, and that the City Engineer will design the road creating a buffer between the property and the canyon, that the property be deleted from the requirements of a PUD. McCaughan seconded. Motion carried unani- mously. Wickstrom commented that no permits should be issued until. the LID for the road is formed. COUNCIL Public Works Committee . Mooney reported that COMMITTEES minutes of the meeting of the Public Works Committee regarding the proposed drainage LID had been distributed and that the Committee would meet on Wednesday morning, March 5, 1980 at 8: 15 a.m. Parks Committee. Masters noted that the Parks Committee would meet on Thursday morning at 8: 15 a.m. Public Safety Committee. B. Johnson noted that the Police Department was still reviewing the matter of the proposed ban on the sale of drug paraphernalia. Ad Hoc Committees. Masters reported that the Planning Commission has assigned its members to attend City Council.. meetings. McCaughan noted that the Planning Commission is now holding meetings on the mast Hill Plan. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills . APPROVAL OF PAYMENT of the bills received through March 4, 1980 after auditing by the Finance Committee at its meet- ing on March 14, 1980 at 3:00 o ' clock p.m. ADJOURNMENT MOONEY MOVED that the meeting be adjourned at 10: 30 o ' clock p.m. , J. Johnson seconded. Motion carried. Marie ensen, CMC City Clerk - 14 _.