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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/07/1980 Kent, Washington April 7, 1.960 Regular meeting of the Kent City Council was called t(,.) order at 8: 00 o ' clock p.m. by Mayor Hogan. Present: Counci1perso..Ys Bailel-k Carey, B. Johnson, J. Johnson, Masters, McCaughan and aliooi-te.y, City Administrator Cushing, City Attorney Mirk, Planning Direc',:.()r Harris , Public Works Director Wickstrom, and Finance Director McCarth?. Also present: Fire Chief Foster, Administrative Assistant W :abyj Parks Director Wilson, Planning Commissioners Baer, Brooks and Hamilton, and URS representative Abed. Approximately 40 peop- were in attendance at the meeting. PERSONNEL Public Works Director. Councilperson Mooney, a Chairman of the Public Works Committee, rioted th .t Don Wickstrom had been named Public Works Direr°':.j . for the City of Kent and extended congratulat..:ions to Wickstrom upon behalf of the Council. CONSENT B. JOHNSON MOVED that Consent Calendar Items A CALENDAR through S, with the exception of Item H, he approved, McCaughan seconded. Motion carried_" MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular meeting of March 17, 1980. HEALTH & (CONSENT. CALENDAR ITEM 5J) SANITATION Bill of Sale - Poplar Development KVIP_Lo 15 Sewer Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 33 feet of sanitary sewer extension constructed .=.n the vicinity of North 6th Avenue and South 228th Street for continuous operation and maintsenance and RELEASE of the cash bond after expiration of the guarantee period and payment of any out-- standing bills against the project, as recommended by the Engineering Department„ (CONSENT CALENDAR ITEM 5M) Bill 'of Sale - Hill ' s East Valley Short Plat #2 Utility* Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 345 feet of water main extension and approximately 446 feet of sanitary sewer extension constructed in the vicinity of S. 190th Street and East Valley - 1 - April 7, 1980 HEALTH & Highway for continuous operation and maintenance SANITATION and RELEASE of the cash bond after expiration of the guarantee period and payment of any outstand- ing bills against the project. (CONSENT CALENDAR ITEM 5N) Downtown Sewer Replacement Change Order. APPROVAL of the change order as requested by King Construc- tion Co. for $41, 938.00 for additional work associa- ted with making the drop connection on Naden Avenue and West Meeker Street and with the work oti State Street. When making the drop connection on Naden and Meeker to the Auburn Interceptor, the stub was not located as indicated on the as-built plans, and it was necessary for the contractor to go quite a bit deeper to complete the connection. In addition, when placing the sewer line on State Street a telephone duct was located at the same site as the intended location of the new sewer lines . The Public Works Committee has recommended approval of the change order requested. WATER (CONSENT CALENDAR ITEM 5L) East Hill Well Change Order. APPROVAL of the change order request as submitted by Burt Well Drilling Co. in the amount of $6, 078.00. Due to the law suit over this well, the contractor was asked to leave the site and then to return once the problems were resolved. The change order requested reflects the costs involved as well as a change in unit prices for drilling. The Public Works Committee has reviewed this change order and has recommended approval. Bids - East Hill Well Control Building. Six bids were received on March 20, 1980 for this project. Wickstrom noted that awarding of the bid would be held until it was determined how much water was available, since the bids were subject to a 120 day holding period. Mooney reported that water had been reached at 250 feet and that the well looked promising at this time. Valley View Christian Church Request for Water District ill Water Connection. Receipt was noted - 2 - April 7, 1980 WATER of a letter from Valley View Christian Church requesting a hearing concerning a variance to connect to Water District 111 facilities for their new church located on the corner of S.E. 256th and 124th S.E. CAREY MOVED to accept the letter and refer it to the Public Works Committee, B. Johnson seconded. Motion carried. STREETS (CONSENT CALENDAR ITEM 5K) LID 288 EVH Street Improvement (S. 212th_to S . 192nd) Change Order. APPROVAL of the change order request of Scarsella Bros. for $17, 345.O0 for additional work associated with the follow- ing: 1) Having to excavate deeper than anticipated to install telephone ducts 2) Raising the fence for Boeing 3) Designing necessary changes in the field and changing from corrugated metal pipe to ductile iron due to these design changes. The Public Works Committee has reviewed the change order request and has recommended approval of the same. (CONSENT CALENDAR ITEM 5P) Kent/Renton Joint Street Improvement Project (S 180th/SW 43rdl_. The Urban Arterial Board has given Renton an extension until April 7, 1980 to come up with a firm financial package and con- struction schedule for this project. The origi- nal design of the project included an underpass for the railroad crossing. Two alternatives were presented in a recent meeting with Renton. Alter- nate two consisted of a five-lane facility from West Valley Highway to East Valley Highway with a four-lane facility of a temporary nature and on-grade crossings in the area where the underpass would be, with right-of-way acquisition for under- pass construction later. This alternate would cost approximately $4, 600, 000. The third alternate, at a cost of $3, 200, 000, consisted of a five-lane facility with no sidewalks and a four-lane facility 3 - April 7, 1980 STREETS and an on-grade crossing. In response to Masters ' question, Wickstrom clarified that the reference to a temporary on-grade crossing meant that funds were not available to construct the underpass at this time; however, between the cities of Renton and Kent and UAB, there would be sufficient funds to acquire the necessary rights-of-way for the underpass. He noted that it could be a long time before the underpass could be constructed. He clarified that this would be an on-grade crossing facility with four lanes, but since it would b,-, of a temporary nature, there would be no curbs and gutters. He also clarified that the costs for the underpass amount to about $2, 500, 000. In response to B. Johnson ' s question, Wickstrom noted that the crossing would be up to standards with cross-arms. He stated for Mayor Hogan that UAB wants a construction schedule for the project and that they had extended the deadline to April 7 for a response. Therefore, the alternate was proposed at this time in order to meet the time schedule. In accordance with the recommendations of the Public Works Committee, after review of the three alternates, AUTHORIZATION is given to Alternate Two. STREET (CONSENT CALENDAR ITEM 5Q) VACATION Vacation of Portion of S. 238th. ADOPTION of Ordinance No. 2217 authorizing the vacation of a portion of S. 238th Street as approved at the March 17, 1980 Council meeting. RAILROAD (CONSENT CALENDAR ITEM 50) CROSSINGS 84th Avenue S. Burlington-Northern Railroad Crossing. AUTHORIZATION for the Mayor to sign the Railroad/City Agreement as recommended by the Public Works Committee covering a franchise absorbing the City 's share of the cost for the track work and rebuilding at the subject cross- ing. The Public Works Director has received a letter from Burlington-Northern to this effect. 80th Avenue Burlington-Northern Railroad Cross- ing. As discussed at the last Public Woks 4 - April 7, 1980 RAILROAD Committee meeting of March 19, 1980 it was CROSSINGS noted that Burlington-Northern, in conjunction with the development of Norpac II, extra nded 80th Avenue S. across an existing rail.°o,33d spur. The spur was constructed per the Harold Hill crossing of 84th Avenue S. and 80th .Place S. ; however, no permit was sought for the deeded right-of-way of 80th Avenue S. it is therefore recommended that a franchise permit be granted to Burlington-Northern for the 80th Avenue S. railroad crossing for which Burlington-Northern is presently seeking WUTC permission to construct. B. JOHNSON MOVED that the City Attorney be directed to prepare the franchise ordinance for the Burlington- Northern 80th Avenue S . Railroad Crossing. ,, Mooney seconded. Motion carried. DRAINAGE (CONSENT CALENDAR ITEM 5P) UTILITY Formation of Drainage Utility. The concept of a Drainage Utility has been presented to the Council at a workshop meeting. The functions of the Utility would be to better manage storm water and resolve problems associated there- with. Implementation is estimated to require approximately nine months and associated costs are estimated to be approximately $60, 000. AUTHORIZATION is given for the Public Works Department to proceed with the work involved in formation of the Drainage Utility, with formation costs to be paid via a loan through the unencumbered balance of the Sewer Division. FIRE (ITEM 5H REMOVED FROM CONSENT CALENDAR) DEPARTMENT Open Burning. Chief Foster referred to the pro- posed Resolution before the Council this date with regard to open burning. He clarified that it was his intent that such open burning, under the conditions specified in the Resolution, be allowed in the month of May in 1980 and in the month of April in 1981. MASTERS MOVED to adopt Resolution No. 890, as clarified by Chief Foster. A public hearing was conducted on this matter on March 17, 1980 and Resolution No. 720 is hereby rescinded. - 5 - April. 7 , 1980 PARKS & (CONSENT CALENDAR ITEM 5G) RECREATION Commons Playfield Change Order Request. APPROVAL of Change Order No. 1 as recommended by the Parks Department, increasing the contract by v, 6C5.O0 to provide two additional softball backstc,t:.,s equal to four (4) each backstops included in the original contract sum and including a time exten- sion of 32 days to June 1, 1980. KENT (CONSENT CALENDAR ITEM 5E) VALLEY St. Anthony's 4th Annual Kent Valley Festival. FESTIVAL APPROVAL of the request of St. Anthony's Catholic Church that Titus Street from 2nd Avenue to 3rd Avenue be closed from 6: 00 o 'clock p.m. Wednesday, June 11, 1980 until 3:00 o ' clock p.m. 'Tuesday, June 17, 1980, and for clearance of the parish parking lot north of the Church from 6: 09 o ' clock p.m. Wednesday, June 11, 1980 until 7:00 o ' clock a.m. Tuesday, June 17, 1980 to allow the carnival to set up, operate and dismantle. St. Anthony' s Catholic Church will hold their annual Kent galley Festival on June 13, 14 and 15, 1980 on the parish property and the request is in accordance with similar request approved in past years . The Traffic, Street and Police Departments have been notified and have voiced no objections. ANIMAL (CONSENT CALENDAR ITEM 5R) CONTROL Animal Control. AUTHORIZATION for the Mayor to renew the agreement with King County for Animal Control Services . PLANNING (CONSENT CALENDAR ITEM 5D) COMMISSION Appointment. CONFIRMATION of the Mayor ' s appoint- ment of Terrence Burns to the Planning Commission to fill the unexpired term of Darrell Phillipson, expiration of the term being January, 1981. The Mayor introduced Mr. Burns, who was in attendance at the meeting, to the Council. LIBRARY Appointment. The Mayor recommended that Helen BOARD Selig, who has served approximately three years as a member of the Kent Library Board, be reap- pointed for an additional five year term. 6 - April 7, 1980 LIBRARY MOONEY MOVED to confirm the Mayor ' s reappointment BOARD of Helen Selig, Bailey seconded. Motion carried. APPEALS Equip Rent Conditional Use Permit. R. Sandwick, attorney for Corvi Construction, has file?, an appeal relating to the Hearing Examiner ' s deci- sion granting a Conditional Use Permit to Equip Rent to operate a facility for the rental of construction equipment on a site of approximately (EQUIP RENT) one quarter acre. The approval was given subject to six conditions as outlined in the Hearing Examiner ' s Findings, distributed to the Council on March 10, 1980. B. JOHNSON MOVED that the matter be considered by the Council. at the April 21, 1980 meeting, Carey seconded. Motion carried. Pay N Pak Sign Variance. It was noted that Mr. R. Koler, attorney for Pay N Pak, had written to the Council requesting consideration of their appeal relating to the Sign Variance application denied by the Hearing Examiner. Mirk noted that he had written Koler on February 28 stating he had directed the City Clerk not to put the matter on the Council agenda. He referred to telephone conversations held with Mr. Koler and his under- standing of the prior agreement as set forth in the letter--that Pay N Pak had agreed to be (PAY N PAK) bound by the decision of the Hearing Examiner. Mr. Rives of Koler ' s office noted that the matter had been handled by Koler for much or the time.. He referred specifically to the background of the case, noting that their client, Pay N Pak, had requested a sign variance which had been denied by the Board of Adjustment, and then appealed to the King County Superior Court. It was then decided to withdraw the case from the Courts and since their client thought there was additional information available, it was determined that the matter should go back to the Board of Adjustment. Mirk noted that at this time Rives had stated in a letter that Pay N Pak was prepared to abide by the Board of Adjustment ' s decision after rehearing the 7 - April ?, 1,980 APPEALS matter. In the interim, the process was removed from the hands of the Board of Adjustment and the City implemented the Hearing Examiner process under which system the matter went to the Hearing Examiner. Rives suggested that when the matter was removed from the Court system they were not aware of the change in the City ' s system. He added that it was their intent to keep the matter at a City level and that it made more sense for the matter to be heard before the City Council. Mirk clarified that the Council did in fact have the right to consider an appeal from the Hearing Examiner ' s decision. He also noted that the matter could not be considered at this meeting as notices were required. He also clarified for Carey that only those items which were part of the Hearing Examiner ' s records could be con- (PAY N PAR) sidered by the Council--that no new material could be introduced. Bailey noted he was a stockholder in the Pay N Pak Corporation and Mirk concurred that he would have to disqualify himself. Mooney questioned whether the applicant felt that the Hearing Examiner had erred in judgment. Mr. Koler noted that he had prepared a statement which was sent to the Council on March 24. CAREY MOVED that the appeal be heard April 21 to review the matters of record. B. Johnson seconded. Mirk clarified that the applicant could address the record but that no new testimony would be taken, that new testimony could be given only if remanded to the Hearing Examiner. Koler noted for Mayor Hogan that they understood what was to be heard before the Council. Motion carried. REZONE VETO Veto of Ordinance No 2215, Arrow Development Rezone. Ordinance No. 2215 approving the Arrow Development rezone was passed on March 17, 1980 and was vetoed (ARROW by Mayor Hogan on March 19, 1980. McCAUGHAN MOVED DEVELOPMENT) that the veto message be accepted as part of the record, B. Johnson seconded. Motion carried. McCAUGHAN MOVED to override the Mayor' s veto and -- 8 - Aprii 7, 19,10 REZONE approve Ordinance No. 2215, the Arrow Development VETO rezone ordinance. Mooney seconded. Mayor Hogan stated that she wished to comment with regard to the action on her part and noted that under- stood the Council ' s commitment to developers of the area. She further noted that as a result of the IPP Studies information had been received about concerns over development in that area. She suggested that the City should consider some of the concerns that were taken from the Studies relating to residential development in the Valley and read the following statement from the Land Use Study: "Through ' implied commitment' to development, the study area has come to be considered as an industrial land reserve; however, the RA (resi- dential-agricultural) and MA (manufacturing- agricultural) zoned lands and the 1.50 acres (ARROW conditionally rezoned M-1 in 1979 have special DEVELOPMENT) characteristics which distinguish them from other areas in the valley, such as : "l. High-quality soils that could still be utilized for agricultural uses until there is a clear need for converting them to urban uses. 2. A critical role in the Green River Valley natural systems storage of storm-water that presently has no alternative outlet; and, provision of vital wildlife habitat. 3. A major contribution to the present visual integrity of most of the open valley land, as yet undivided by highways, rail lines or other major interruptions of its pastoral quality. "The City has major discretion over the nature of development still to occur. The legislative act of rezoning the land from RA and MA zones will be significant. When it occurs, the City will be saying that the time has arrived when urban develop- ment should occur and that alternative interim uses of the lands--agriculture, low-density residence, _ 9 _ April 7, 1980 REZONE etc. , should therefore be displaced. In order VETO to obtain the higher Public Value and Benefit that goes with such a determination, the new replace- ment uses should have three basic qualities}: 111. Fiscal feasibility in a cost/benefit sense 2. Environmental quality 3. Aesthetic quality "That is, the rezoning should be tied to some assur- ance that the general taxpaying residents of the City will not incur development-related costs unless they are largely offset by tax and fee revenues. The development should also be of a high quality to offset the loss of prime agricultural land and open space which residents have enjoyed heretofore. "Those parts of the valley now zoned RA and MA differ from any other lands in Kent. Though shown on the Valley Development Plan as suitable for eventual urban development, actual reclassification of the RA and MA zones to urban residential or industrial zones (ARROW is not intended to be automatic. Such reclassifica- DEVELOPMENT) tions require clear assurances that utilities, major streets and other facilities can be economically provided ' so that compact orderly development will occur. ' One Key Measure the City must observe is to avoid overzoning - zoning much more valley land for urban development than is needed at a given time. One condition of rezoning for urban densities should include an indication that timing of development is imminent and that proposed rezoning is not merely speculative. High standards of development may slow the rate of growth in the Kent area; however, slowing of the pace of development may be offset by a long-term benefit to the City of Kent. " She concluded by noting that it was interesting to learn that the Planning Department had made a survey of vacancies in multi-family units in the area and that the rate was presently 10/0. She noted that the rate was high and questioned the necessity for addi- tional development of that type in the area. Bailey noted that he had read the Mayor ' s veto 10 - April 7, 1980 REZONE message with great interest and had also referred VETO to the Studies. He expressed concurrence with the Mayor 's concerns but noted that his decision was based on the fact that the City has e;:.aicouraged certain types of development in the area, not neces- sarily this Council, but over the past ten yea*s, and that many people had spent a great deal of time and money in plans and development for their particular interests . He suggested that the only alternative at this time was to go for a "no growth" pattern of development. He notad, 1iowever, that Arrow Development has agreed to abide by the standards set forth in the IPP Studies. Mayor Hogan noted that she was concerned that the Studies may show that the City may wish to withdraw from their commitment as to development. She (ARROW pointed out that considerable problems have sur&Lced DEVELOPMENT) since the IPP Studies began, and suggested that a hard look should be taken at the matter at this time. She referred to some of the conditions that had come out of the IPP Studies and noted that one part of the document states that about 900/. of the future housing development could occur on the Valley Floor. She noted that the Mueller Group ' s plans were to cover a period of eight years but pointed out that with the number of units that were being allowed by the rezone the development could be stretched out over a period of 18 years. She clarified for McCaughan that she had been quoting from the Land Use Study, which Study Harris noted would be distributed to the Council at this meet- ing. McCaughan questioned Item 2 of the Mayor 's veto message and asked if it was true that building permits were being issued with a warning that the City may not have an adequate supply of water. Wickstrom clarified that this was true and McCaughan stated he had not known that. Masters noted that she was also concerned with a number of the items that the Mayor referred to but questioned why the Mayor was quoting from a study which had not been formally adopted by the Council and which was in fact narrow in scope. The Mayor noted that the Studies had been the subject of a series of meetings - 11 - April 7, 1980 REZONE with the consultants and that drafts had been VETO issued. Motion carried. VACATION Kent Estates Plat Vacation Request. The Clerk OF PLAT noted receipt of a request from the Mueller Group requesting vacation of the Kent Estates Plat and all streets contained therein. MASTERS MOVED to accept the petition and refer it to the appropriate departments for handling, McCaughan seconded. Motion carried. PRELIMINARY (CONSENT CALENDAR ITEM 5C) PLATS Woodrid Estates Preliminary Plat. APPROVAL of ge the request for a one-year time extension for com- (WOODRIDGE pletion of this Preliminary Plat until April 16, ESTATES) 1981. The Council may grant extensions for up to one year. Maple Wylde Preliminary Plat. The deadline for recording this plat was January 22, 1980. A request for a one-year extension has been received, which request the Council may grant. Harris sub- mitted a memo setting forth the background and a (MAPLE memo from the City Attorney clarifying that under WYLDE) the terms of the Zoning Code the Council has the authority to grant the extension. CAREYn to MOVED thatthe request for a one year com- plete the Maple Wylde Preliminary Plat be granted, B. Johnson seconded. Motion carried. Foster Preliminary Plat. On March 17, 1980 the public hearing was concluded on this Preliminary Plat. The Plat was approved with the following conditions: (FOSTER) 1) Drainage Plan. Construct an adequate storm drainage system. Submit to the Engineering Department for review and approval a detailed drainage plan showing how surface water will be received, handled, and transported within the property. The drainage system shall meet the requirements of the City of Kent Drainage Code. Construct interim drainage and erosion control measures . Provide detailed plan of 12 - April 7, 1980 PRELIMINARY same to Engineering Department for review PLATS and approval.. 2) Sanitary Sewers. Construct gravity sanitary sewer service to all lots . Submit detailed sewer plans to the Engineering Department for review and approval. 3) Water System. Provide City water service to lots. Loop through the Plat with a 10" water main tying in the existing main on W. Willis Street to the existing main on S . 259th Street. Submit detailed water plan to Engineering Depart- ment for review and approval. 4) Street Improvement and Requirements. Improve 74th Avenue to a paved width of 36th feet with asphalt concrete pavement, cemen4-: concrete curb and gutter, and cement concrete sidewalk (FOSTER) (one side) , and street lights from S. 259th Street to north limit of plat. Improve north half of 259th Street with 18 feet of asphalt concrete pavement as measured from the.,center line of the existing pavement, con- crete curb and gutter, cement concrete sidewalk and street lighting. Dedicate to City for street purposes 50 foot radius at northeast corner of 74th Avenue and S . 259th Street. 5) The street access to the plat from the north side will be only from SR 516, with right turns only for ingress and egress. The railroad crossing of old Willis Street is to be closed. The cost of accomplishing this condition is to be borne by the developer of the plat. 6) Open Space. The City Council will consider a staff recommendation for the provision of open space for this plat at the April 7, 1980 City Council meeting. - 13 - April 7, 1980 PRELIMINARY Mayor Hogan noted the public hearing had been con- PLATS cluded at the last Council meeting and that the only item under consideration now was the question of open space. She noted that a recr.xmoF s,;,:Dtion in this respect had been sent to the Cou.�zc.L_1 as well as the response from Mr. Chapin, �.ttorney for the applicant. MASTERS MOVED to make the letter from Mr. Chapin dated April 2, 1980 part of the record, McCaughan seconded. Motion carried. It was deter- mined for Mirk that the Council had received a copy of the Mayor ' s letter dated April 1, 1980. The Mayor also noted receipt of a packet from George Kropinski, President of Qestar Development Corpora- tion, dated April 3, 1980 regarding the Foster Pre- liminary Plat, "Rainier Industrial Park. " The packet included a copy of the letter frorn the Qestar Corporation presented to the Council. ca October 15, 1979 setting forth their intent as to the remaining unplatted area of the Plat by the river as well as the storm water and deten- tion system. The April 3 packet was deliverer:. only to the Mayor, B. Wilson, J. Harris and D. Mirk. (FOSTER) B. JOHNSON MOVED to accept the material from MU:. Kropinski, Masters seconded. Motion carried. Referring to Chapin 's letter of April 2, 1.980 McCaughan noted Chapin' s question of the City' s legal right to require open space. Mirk quoted from RCW 58. 17. 110 which covers approval or dis- approval of subdivision dedications and clarified that the State law says that items such as open space shall be considered by the Council and that a specific ordinance is not required. He noted that the Subdivision Code refers specifically to this section of the RCW and its application and that after consideration is given to open space, it may be determined that it may not be required. Mirk clarified that Tract A and the lot west of Lot 1 are part of the plat. Cushing noted that a presentation had been put together by staff and Parks Director Wilson, using visual aids, pointed out the location - 14 - April 7, 1980 PRELIMINARY of the proposed plat consisting.of 19 buildih4' PLATS lots. . Refering to lot 1 (the area shown on this` preliminary plat map as a storm detention basin) he noted that it' contained 2.6 acres. Is{gin commented on the adverse impacts and the jiic.reased demands which such developments place on the Police and Fire Departments. He suggested that the City should be giving more consideration to the impact on these Departments when allowing development, not only industrial but residential as -well. Wilson referred to sections in the Final Environ- mental Impact Statement and noted that it addressed existing recreation easements, including the Green River. shoreline He stated that the EIS Etlso referred to possible- future recreation uses in the area, such as fishing and hiking. Referring specifically to the Shoreline rigbt-of- o ay he noted that the developers had stated that it would remain .untouched at this time but that a Shoreline Permit may be applied -for -in the future. He noted that the EIS also makes reference to the fact that the development will remave an informal (FOSTER) play area for neighborhoodchildren and commented on the fact that much opposition and concern has been expressed by residents of the area concerning the proposed development and its effects on the quality of life. . Wilson- suggested- that more con- sideration should be given to- these factors when considering the question of -openispace. He referred to the different types of zoning ins-the Valley area, and the impact on open ,space resulting from each type of zoning. - Masters . questioned whether any comparison had been made as to' the percentage of tax base derived from industrial and commercial businesses that was going into the Parks and Recreation system. Referring specifically to Lot l of the Foster Pre- liminary Plat,, _wilson noted that this was origi- nally designated as the site for the holding pond for surface water detention. Chapin clarified that his client was not committed to -put the deten- tion pond on Lot 1, that this was only an indication 15 - April '7, 1980 PRELIMINARY of where it could be placed. He stated that his PLATS client had no intention of using Lot 1 for the detention facility. Harris clarified for Bailey and Mayor Hogan that it was the Planning Depart- ment's understanding from the Planning Commission hearings that Lot 1 was to be the site of the deten- tion pond. He recalled no testimony at the Planning Commission hearing to the contrary. Mayor: Hogan noted that mention had been made of putting the detention ponds along the back of the lots and Wickstrom had stated that this might be an accept- able alternative. Wickstrom concurred with Chapin that all of the technical requirements are not worked out at preliminary plat level and that the preliminary plat is merely a basic design concept which is reviewed. He noted that the concept of utilizing Lot 1 was approved but that the engineer- (FOSTER) ing plans could be changed from this design so long as a workable system was presented. He determined for Masters that the proposed detention area could be larger than that provided by the utilization of Lot 1. In response to McCaughan 's question as to maintenance and access, Wickstrom clarified that it was preferable to have the actual storage facility in one specified area, even though there might be alternates proposed. Chapin referred to the statements in the Mayor ' s letter that a substantial portion of the land is within the 200 ' area which would be impacted by the Shoreline Master Program and that the area, therefore, offered less favorable development possibilities than Lot 1. He suggested that the only restrictions imposed by the Shoreline Master Program was a 50 ' setback and that it would be necessary to get a permit for the additional 150 ' when and if the property was developed, which would be done in accordance with the requirements of the Shoreline Program. In response to Mayor Hogan 's question, Harris determined that there was a 200 ' setback from the River but that the applicant could legally build within the 200 ' area provided a Shoreline Permit were granted. He noted that the granting of such a permit - 16 - Aj a it 7, 1980 PRELIMINARY depended on the impact of the development and the PLATS tradeoffs that could take place. He 1pointed out that Kent has been consistent through its Shoire! :.rc 1)ear- ing system in obtaining recreational ea:�,.,r. ,b as well as actual donations of usable recreat._t,:nal land along the River. He noted that no plans had been approved in the City of Kent allowing develop- ment which simply lines up 50 feet bacl:r from the River, even though this type of development had occurred in other areas. Masters questioned how the Council could make determination as to whether or not six acres of open space was appropriate or excessive and ur ea- sonable for a development of this type and Mirk referred to comments in the Mayor ' s letter a:Dout the area that would be impacted by the Shoreline Management Act. McCaughan questioned the right of the City to ask for six acres of open space (FOSTER) out of the total 30 acres and whether the Citv had ever required that much in a development-, of this type prior to this time. Wilson stated that pre- sent National standards for a new City or new develop- ment were calling for about 25%u op,,n space. Chapi.n suggested that the request for 200/. or 6 acres of open space was unreasonable and possibly illegal, and that his client ' s proposal for 1. 2 acres was sufficient open space. Chapin also noted that considering the length of time this plat has been under consideration, there had been no input from the Parks Department until tonight. In response to McCaughan ' s question wit't, reference to the Green River Corridor Study, Chapir.t noted that the area which his client suggested for dedi- cation appeared to be the same as that set aside by the Study and it was his conclusion that the Council was being asked by staff to implement a Study which has as yet not been considered for approval by the Council. Mooney referred to Chapin' s letter of April 2, 1980 wherein Chapin stated his client was willing to give a triangular shaped piece of property, as well as 50 ' along the entire River bank and questioned whether this 17 - April 7, 1980 PRELIMINARY included the dike or meant 50 ' in addition to PLATS the dike. Mirk and Harris clarified, and Chapin concurred, that the proposal was that Chapin ' s client was willing to donate the dike (which at some points may be 30 feet wide and in others up to 50 feet wide) , plus an additional 50 fee;_, plus the triangular piece of property. Mooney referred to the dike area and Wilson' s reference to it being used as a bike trail at this time and suggested that the County must have received an easement at an earlier time to place fill material on the property. Chapin further com- mented on the -fact that inference had been made in the Mayor ' s letter and by Wilson 's comments that the referenced dedication was a trade-off for Lot 1, and stated this was not true. Bailey commented that other developers in the area had already agreed to bind themselves to the findings of the Green River Corridor Studies and that it would be implicit to development to have areas for open space. He stated that free will dona- (FOSTER) tions of land along the River had already been made by some of these developers. He noted that building along the River would be inconsistent with the City' s overall plans for the area, and that land should be preserved there for open space. Chapin replied that it was not his intent to imply that his client would not sell the property but noted that he had seen nothing in the Green River Corridor Study to imply that the City would expect that all of the open space property be donated. In response to Carey ' s ques- tion, Mirk clarified that the plat extended to the River and included Tract A as well as the lot directly west of Lot 1. Harris also determined for McCaughan that under the Shoreline Master Program the developer would be required to work with the City, with a hearing before the Hearing Examiner, for a permit to build within 200 ' of of the River. In response to McCaughan' s ques- tion, Chapin noted that the property to be dedi- cated abutting and along the River was approxi- mately 600 ' long and 80 ' in width, which, when added to the triangular piece of property, 18 - April 7, 1980 PRELIMINARY resulted in a donation of approximately 1. 2 acres. PLATS The Mayor commented that this was LESS the ease- ments for Metro and for the street right-of-way, and therefore resulted in less than one Where was no further discussion and. Mc.CATIGk""" MOVED that the City accept the triangular pies (FOSTER) of property, plus the dike, plus an additi(:-anal.. fifty feet landward from the dike, as the opera space requirement for the Foste_­ Preliminary Plat. Mooney seconded. Mayor Hogan clarifies that the small triangle was located west of the extension of the street that goes thr{lit:ig x i.ract A plus the dike area plus fifty feet landwar�-1 from the dike, along the River. Motion carried, with Bailey voting no. PUBLIC WORKS Proposed Ordinance. The continued public hear-- IMPROVEMENTS ing on the proposed ordinance to regsaire thou', ORDINANCE constructing buildings in the City to be respon- sible for providing the necessary public improve- ments is scheduled for this meeting. The Public Works Department has prepared the Final E)aviron- mental Impact Statement incorporating comments received in response to the draft EIS. MASTERS MOVED that the Final EIS be accepted as complete and filed for the record, B. Johnson seconded. Motion carried. The continued public hearing was opened by the Mayor. In response to a question from Harold hill, Wickstrom noted that the ordinance was the-same as that proposed earlier. It was determined than: a copy of the responses to the letters received in regard to the ordinance were contained in the Final EIS, but that only those persons for-nally responding to the draft EIS were sent a copy of the document. Since Hill had not received a copy of the Final EIS , he was furnished a copy by the Council to peruse. Jim Klauser of Seattle Master Builders Association noted that after viewing ordinances of this type at City, County and State levels, the ordinance 19 - April. 1 , 1980 PUBLIC WORKS was a prime example of a "No Growth" policy. IMPROVEMENTS He suggested that the ordinance gives the Public ORDINANCE Works Director carte blanche to interpret the law as he sees fit, with no general g,,:.deiines or guidance from the Council or Mayor. He noted that with the ordinance in effect it would be impossible for a developer to know what was required of him or what the costs would be to him for a project and that the City should be looking at ways of providing housing and the necessary improvements adherent thereto. He suggested the ordinance as now written prohibits anyone from building in Kent and that the Council. should go no further with it in its present tlil:"m. He noted that industries in the area would be willing to meet with the Council to go through various items in this ordinance and discuss some of the public improvement requirements which the City wants, such as streets, sidewalks, street lighting, drainage, landscaping, parks, etc. to work out some mutual solutions. He also noted that they had responded to the Final EIS, with copies of their response to the Council, and suggested that the EIS was merely a biased res- ponse from the staff. Norm Heutmaker expressed concurrence with Klauser ' s statements, noting that as a small developer he did not know what impact the ordinance would have on his business. He suggested that this ordinance was similar in nature to the sprinkler ordinance which was passed before the development sector of the public could express their concerns over this type of legislation. In response to McCaughan 's question, Hill noted that it was difficult to review the EIS in such a short period of time.. He noted, however, that he still had the same con- cerns as before. He suggested that while it was apparent the City needed public improvements, this was a timely matter and that no one was trying to escape paying their fair share. He suggested that the ordinance would result in a broken flow of construction of these improvements, since only those persons who developed their land after the _ - 20 - April 7, 1980 PUBLIC WORKS adoption of the ordinance would be required to IMPROVEMENTS make the improvements. He added that through the ORDINANCE LID process a developer or owner would be required to make the improvements when a certain De ,.: cant reached, whether the property is developed .a4 not. McCaughan noted that all of the persons gvf.=:st .o:cain.g the ordinance seemed to be concerned with '1:1-e vagueness of it. He questioned whether it Ta.as possible to go into more detail. Wickstrom res- ponded by noting that they were dealing with manj, different situations and that it would :be impos- sible to draft an ordinance that could address every specific situation which might arise; thus. the ordinance must leave some room for interpreta- tion. He referred to the section on Criteria, which the Public Works Director would have to establish and meet in order to require the improve- ments. He also noted that the only improvements that were really involved were street-related. He also made reference to the section on Appeal., providing for appeal to the Hearing Examiner and. the Council of the whole, if necessary, and main- tained that this established a checks and balance system in the ordinance. He also noted that the ordinance as drafted contains a section allowing deferment of public improvements by requiring the execution of LID covenants and opined that this would solve the problem of spot improvements. He noted that the ordinance was almost identical to the one which Kirkland has with the exception of the clause for deferment. He also stated that Renton" s ordinance leaves interpretation entirely up to the Public Works Director. . Klauser stated for Bailey that there was no way of telling how this ordinance would be interpreted. He suggest:c. that there be a separate ordinance for each public improvement since this was the only way in which the Hearing Examiner. and. Council could operate as a checks and balance to the Public Works Director. In response to Carey ' s question, Mirk noted that the same comments were being made now as were sede before and added that the persons, who had expressed concerns had been invited to submit specific - 21 - April 7, 1980 PUBLIC WORKS language to be considered for additions to the IMPROVEMENTS ordinance but this had not been done. Mirk. ORDINANCE stated that he could see no problem with 'he ordinance since it provided guidelines for the Public Works Director and provided for appeal process, which included the counsel and gua. Lanca of other departments in the City. He added that it was not possible to cover every situation and that the ordinance would probably be changed after it was adopted. Wickstrom and Mirk clarified for Mooney that the only communications that wer,, received were part of the record and that no por- sonal contacts had been made. MOONEY MOVED that the hearing be continued to the May 5 meeting and that the matter be referred to the Public Works Committee for a special -.meet- ing on April 23, 1980 at 8: 15 a.m. to work out any problems. McCaughan seconded. It was also determined for Mooney that the matter had been before the Public Works Committee prior to the time Mooney took office and that it had also been discussed at workshop. McCaughlttn noted that he would support the motion since serious accusations had been made against the Council with regard to adopting ordinances without suf- ficient public input. He also noted that if it was going to affect the developers as much as they claim, it should be given more considera- tion. J. Johnson stated that there had been ample discussion of the proposed ordinance and that the developers had been given adequate time to come forward and make any input as to changes they proposed. Masters spoke in behalf of the motion, noting that the ordinance has now been defined to a point where it had caught the atten- tion of the developers and that it deserved a fair public hearing. Motion carried, with J. Johnson voting nay. COUNCIL Parks Committee. Bailey reported that the Committee COMMITTEES had requested discussion of the Senior Citizens Center and that there were some suggestions for enlarging and improving the existing facility. 22 - April 7. 1980 COUNCIL Ad Hoc Committees. Hamilton noted that he had COMMITTEES not attended the last meeting on the East B11.1 Plan and Harris noted that the hearings would be concluded in two weeks and that a -,w,:}uld be forthcoming as to a possible course of l.ctiorl, Chamber of Commerce Liason. Bailey noted that. the Chamber of Commerce was proceeding with a County-wide meeting on April 30, 1980 regarding the traffic situation in the Valley. It was suggested to Mayor Hogan and the Council that the meeting should be mentioned at other meetings which they attend and invitations extended. Bailey also noted that the KDA would meet on April 10, 1980. BUDGET (CONSENT CALENDAR ITEM 5F) Budget Transfers - Fourth Quarter, 1979. ,DOPrb: IC?? of Ordinance No. 2216 approving the budget trans- fers and adjustments for the fourth quarter of 1979. FINANCE (CONSENT CALENDAR ITEM 5S) Petty Cash Fund. ADOPTION of Ordinance No. 2218 increasing the Petty Cash Fund in the Finance Department from $100 to $400 and repealing Ordi- nance No. 1740 . (CONSENT CALENDAR ITEM 5B) Approval of Bills . APPROVAL OF PAYMENT of the bills received through April 3, 1980 after a��di�.ing by the Finance Committee at its meeting at 3: 00 o ' clock p.m. on April 15, 1980. ADJOURNMENT MOONEY MOVED that the meeting be adjourned at 9:45 o ' clock p.m. , Masters seconded. Motion carried.. Marie Je n, CMC City Clerk - 23 -