Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/21/1980 Kent, Washington April 21, 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, B. Johnson, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Planning Director' Harris and Public Works Director Wickstrom. Councilperson Carey was not in attendance. Also present: Administrative Assistant Webby, Hearing Examiner Burke, Associate Planner Wolfert, Planning Commissioner Baer and URS representatives Abed and Ramsey. Approximately 25 people were in attendance at the meeting. PROCLAMATIONS _Kentridge Bike-A-Thon Day. A proclamation was read by the Mayor declaring Saturday, the 26th of April, 1980 as Kentridge Bike-A-Thon Day. a National Music Week. The Mayor read a proclama- tion declaring the week of May 4 - 11, 1980 as National Music Week. CONSENT MOONEY MOVED that Consent Calendar Items A CALENDAR through 0, with the exception of Items L and C, be approved, J. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes . APPROVAL of the minutes of the regular meeting of April 7, 1980. HEALTH & (CONSENT CALENDAR ITEM �,T) SANITATION _Garbage Container Instaliation Charges . ADOPTION of Ordinance No. 2220 approving installation fees for garbage containers in accordance with discus- sion at the March 24, 1980 workshop meeting. (ITEM 5L REMOVED FROM CONSENT CALENDAR AT THE REQUEST OF COUNCILPERSON B. JOHNSON) Bill of Sale - Cambridge Highlands Utility Extensions . The Engineering Department has received the Bill of Sale and Warranty Agreement for approximately 1430 feet of water main exten- sions, 1490 feet of sewer extensio:., and 4180 feet of street improvements and related appurten- ances. In response to B. Johnson ' s question as to whether or not the street in question, 38th - 1 - April 21, 1980 HEALTH & Avenue S. , had been inspectedy Wickstrom noted SANITATION that the street had been inspected several times and that although the concrete used had not been tested it was of the same type as that used in other areas. It was also clarified for B. John- son that there was a one year guarantee period covering the improvements. MOONEY MOVED to accept the Bill of Sale and Warranty Agreement for continuous operation and maintenance for the subject improvements and for release of the cash bond after expiration of the guarantee period and payment of any outstanding bills against the project. Masters seconded. Motion carried, with B. Johnson voting nay. WATER (CONSENT CALENDAR ITEM 5M) Water Conservation Ordinance. SETTING a public hearing date for May 5, 1980 to consider the proposed water conservation ordinance. The ordinance was reviewed at the Council workshop on April 14, 1980 and it was the consensus of the Public Works Director and Council members present that a public hearing should be held on the matter. (CONSENT CALENDAR ITEM 5N) Water Request - Valley View Christian Church. ACCEPTANCE of the recommendation of the Public Works Committee at its meeting of April 16, 1980 to deny the outside water request of the Valley View Christian Church to be constructed on the corner of S.E. 256th and 124th Avenue S.E. , in keeping with the water service policy adopted by the Council. It was determined by Mooney that the Church did have the alternative of drilling a well and that City hydrants are available for fire protection. LID 302 - Rose Avenue Water Main. The Public Works Committee has reviewed the proposed water main improvement LID and the events leading thereto and recommends that a resolution of intent for the LID be adopted. McCAUGHAN MOVED to adopt Resolution No. 891 declaring the City's - 2 - April 21, 1979 WATER intent to create LID 302 and setting the .public hearing date on the Preliminary Assessment Roll for May 19, 1980, B. Johnson seconded. carried. East Hill Well Pump• Testing of the East Hill_ Well has been completed and the geologist has advised the Department of Public Works that it appears the aquafir is prdbzbly capable of sus- taining withdrawal of ground water at the rate of 1600 gallons per minute over 1.20 days of con- tinuous pumping without affecting the East Hill Community Well system. In accordance with tha recommendation of the geologist and the public Works Director, MOONEy MOVED that: the East Hill.. Well Pump and Motors contract be awarded rt��..o Omega Contractors in the amount of $r p1i$r tax for Items 5, 11, and 13 of the bid, Bailey seconded. Motion carried. LID 286 - 76th Avenue S. Water Main. A public hearing is scheduled for this meeting to cox'- sider the Final Assessment Roll for LID 286 covering the construction of a 10-inch water main on 76th Avenue S. from S. 208th Street to S. 194th Street with branch lines on S. 206th, S. 196th and S. 194th Streets. Public Works Director Wickstrom pointed out the location of the project, noting that the ordinance creating (LID 286) the LID was passed on July 5, 1978. At that time, the cost of the project was estimated to be $213, 362. 22 and the actual cost is $158, 214.40, resulting in a 26% cost saving due to easements for donated rather than pur- chaserights-of-way. ickstrm explained the proposed method of financing. The public hearing was opened by the Mayor. It was noted that two protests had been received against the assessments, one from Norman Winn, attorney for Richard and Burton Brooks, Assess- ment Item #7, protesting their assessment of $7, 866. 25. It was noted that their property was tax-exempt as a result of open space dedica- tion and that the only portion of the line - 3 - April 21, 1980 WATER affecting the Brooks property was the oversizirc and looping provided for fire flow. Tt was determined that the City would pick yap the $7, 866. 25 assessment but at such time as the Brooks property was removed from the open space designation they would be require! to pay the assessment. It was noted that the other protest received was from So. Seattle Auto Auction opposing Assessments No. 9 and No. 10, since they were already connected to an existing water system at the north end of their property. MASTERS MOVED that the two letters of protest be accepted and made a part of the record. B. Johnson seconded. Motion carried. It was determined for Mayor Hogan by Wickstrom that the So. Seattle Auto Auction property, consisting of three or four buildings, was serviced from another main. Fred McConkey of So. Seattle Auto Auction stated that their buildings were constructed before the LID was completed and they had spent $4, 000 to connect to the water main on the north. McConkey clari- (LID 286) fied for Bailey that the 76th Avenue main would go in front of their property and that all water usage was in the north end of their property. Wickstrom suggested that he review the plans for So. Seattle Auto Auction and in response to McCaughan 's suggestion, Mirk clarified that there was no need to hold the hearing open since there was still a 30-day protest period after the ordinance is passed, after which the Courts would make the determination as to the benefit to the property,. Wickstrom determined for Masters that the plans for the project were drafted and available for inspection a year ago. Mooney questioned whether the connection to the north would give circulation of flow and Wick- strom determined that if there was a break in the line to the north, there would be no water. Wickstrom determined for Planning Commissioner Baer that the fire hydrants would be served 4 - April. 21, 1980 WATER from the new main. In response to Masters ' question as to whether the Brooks acquired the property after the LID was established, Wickstrom clarified that the new State, open space law came into effect before the assess- ments were levied against the property for this LID. It was determined that it would be of no benefit to the Council to refer the matter to the Public Works Committee for (LID 286) further review. There were no further comments and MOONEY MOVED that the public hearing be closed, McCaughan seconded. Motion carried. MOONEY MOVED that the City Attorney be directed to prepare an ordinance confirming the Final Assessment Roll for LTD 286, B. Johnson seconded. Motion carried. TRAFFIC CONTROL (CONSENT CALENDAR ITEM 5I) Trailer Parking. ADOPTION of Ordinance No. 2219 prohibiting parking of trailers on City streets except for loading and unloading pur- poses. A public hearing was conducted on March 17, 1980 and the matter further discussed at a Council workshop. RAILROAD (ITEM 5C REMOVED FROM CONSENT CALENDAR) CROSSINGS Burlington-Northern Railroad Crossing. An ordinance was introduced to approve a franchise for the Burlington-Northern Railroad for the 80th Avenue S. spur crossing. Mirk noted that the ordinance would be presented for passage at the next regular Council meeting. STREET (CONSENT CALENDAR ITEM 5E) VACATION Vacation of Portion of Helen Street. AUTHORIZA- TION for the City Attorney to draft a resolution setting a hearing date to consider vacating a portion of Helen Street as requested by Lamar Strain. 5 - April 21, 1980 HOUSING & (CONSENT CALENDAR ITEM 5F) COMMUNITY Senior Citizens Center Parking Lot. APPROVAL DEVELOPMENT of Change Order No. 1 in the amount of $1,440. 20, increasing Center Dozing' s contract from $31, 310. 90 to $32, 751.10. The change order covers equipment and labor costs resulting from a change in elevations made by the survey crew on February 12, 1980. ACCEPTANCE of the con- tract of Center Dozing as complete, with the retainage to be paid upon receipt of State releases. PARKS & (CONSENT CALENDAR ITEM 50) RECREATION Russell Road Park Phase III. APPROVAL of Change Order No. 1 for the Russell Road Park Phase III project as recommended by the Parks Department, covering the following: 1) Addition of curb and gutter planter island around parking lot light pole. . . . . . . . . . . . . . . . . . . .$1,072.00 2) Gate revisions as required by IAC so that the restrooms are not enclosed behind fencing. . . . . . . 240.00 Total. . . . . . . . . . . . . . .$1, 312.00 (CONSENT CALENDAR ITEM 5H) Kent Meeker Days. APPROVAL of the request of • the Parks Department, on behalf of the Meeker Days Committee, for use of the following streets on the dates specified: July 11, 12 and 13 Street Closures 1) Meeker Street from S. First Avenue to S. Fourth Avenue 2) S. Second Avenue from W. Gowe Street to W. Harrison Street July 12 and 13 ADDITIONAL Street Closures 1) Meeker Street from Railroad Avenue to S. First Avenue 2) S. First Avenue between Gowe & Meeker Streets - 6 - April 21, 1980 PARKS & The Meeker Days Parade will be held o.r. Sunday, RECREATION July 13, 1980 at 3:00 o 'clock p.m. , beginning at Kent Elementary School, proceeding east on Saar Street to S. First Avenue, and continuing north on S. First Avenue to Borden Field, the termination point. The requested closures have been cleared with other Departments. ARTS (CONSENT CALENDAR ITEM 5K) COMMISSION Appointments. APPROVAL of the Mayor ' s appoi.n"L-.- ments to cover resignations from the Arts Commis- sion as follows : 1) SUSAN DAILEY to replace Mike Dickson (Term expires 10/81) 2) BARBARA HARGER to replace Janis Thompson (Term expires 10/83) 3) KATHLEEN MAURER to replace Alan Bentz (Term expires 10/83) PERSONNEL (CONSENT CALENDAR ITEM 5D) Out of State Travel. APPROVAL for expenses for Finance Director McCarthy to attend the Munici- pal Finance Officers ' Association meeting in Phoenix May 11-15, 1980, for which funds have been budgeted. (CONSENT CALENDAR ITEM 5G) Police Clerks Contract. AUTHORIZATION for. the Mayor to sign the two year labor contract nego- tiated between the City and the Police Clerks, subject to approval as to .form by the City Attorney. Hiring of Related Employee. In accordance with the recommendations of the Finance Committee, B . JOHNSON MOVED to approve the hiring of Lorna Monroe as a part-time Police Clerk, McCaughan seconded. It was determined that Ms. Monroe is the sister of Leeanna Monroe, presently employed part-time by the Traffic '.Iiolations Division. Motion carried. -. APPEALS Pay n Pak Sign Variance. This date has been set - 7 - April 21, 1980 APPEALS for a hearing on the appeal on the Hearing Examiner' s decision to deny a sign variance for Pay N Pak, located at 1119 S. Central. Councilman Bailey noted that he was =j- stock" holder in Pay N Pak, and therefore would not take part in the discussion or action on this matter. It was noted that all material, includ- ing a verbatim transcript, had been provided by the Hearing Examiner' s office, to all pasties of record and to staff. The hearing was opened by Mayor Hogan.. Upon questions from the Council, Rand Kohler, attor- ney for Pay N Pak, explained that they Code would allow two signs, each with a 100 square foot face area, one on S. Central and one on S. 259th. He clarified that each of the two N Pak signs could be two sided. Paul Morris, P (PAY N PAK) Store Design Director, presented sketches show- ing the two signs which would be allowed and showing the larger sign proposed and determined for B. Johnson that the height of the sign would conform to the Code--no more than 30 feet. Kohler noted that the variance was first denied on July 3, 1979 by the Board of Adjustment on a 3 - 2 vote. The matter was heard by the Hearing Examiner on February 6, 1980 and was subsequently denied on February 13. He noted that all along some people had agreed that one larger sign would be preferable to the two allowed under the Code. Kohler quoted from Sec. 5.8.5, noting that variances could be granted when because of special circumstances, applicable to the property including size, shape, topography, location or surroundinz ,;s, the strict interpretation of the regulations of this chapter deprives such property of privi- leges enjoyed by other property in the vicinity, and under other identical zoning classifications. It was determined that some existing signs exceeding the 100 square foot face limitation had been in existence before the Sign Code was adopted. 8 - April 21, 1.930 APPEALS Burke noted that the issue to consider was that the ordinance provides for ti,,7o stringent find-- ings to be made for the issuance of & vr:,�:7iance. The first finding was quoted !:-y Mr. xc1'7'Ier from Sec. 5.8.5 and the second finding is -tl:,.a,t the variance shall not constitute or grant a special privilege inconsistent with a limitation upon uses of other properties in the vicinii.-.y and zone in which such property is situated. She noted that neither of these address the issues of design or esthetics and that the qu,�stion is whether or not the City would be grarting special privileges in allowing the larger sign. Burke stated that she had detennined that case did not meet the requirements as defined (PAY N PAK) in the ordinance. Masters commented that even though the request seemed reasonable that the City was locked in by the provisions of 6-in ordinance. Upon J. Johnson ' s question, VIarke noted that her decision was not in con-I'Iict with the Comprehensive Plan. Upon McCaug question, it was noted that the sign fox Diamond Lumber was under investigation, as it appeared to be close to the size limitaticnZ . After all who wished to speak had been heard, MOONEY MOVED to close the hearing. B. Johnson seconded. Motion carried. McCAUGHAN MOVED to uphold the Hearing Examiner 's decision to deny the variance. Mooney seconded and noted that he found no errors in the judgment of the Hearing Examiner and that if corner lots should have special consideration, the Code should be changed accordingly. a'. Johnson concurred with Mooney. Masters noted that she wo,,.,Id support the motion but that she disagreec.I in principle and B. Johnson agreed with Masters. Mayor Hogan asked if the existing sign near the old building would be left up and Morris stated that he didn ' t think so. Motion carried unanimously with no vote from Bailey. 9 A 21, 1980 APPEALS Equip Rent Conditional Use Permit. This date has been set for a hearing or, the appeal of the Hearing Examiner ' s decision to apl:rov>- a tional Use Permit for Equip F.(,-.nt, lrw_ 0 01�elc­ ate a construction equipment rental bus:_nes:s at 21422 84th Avenue S. It was nc-;,ted that all material, including a verbatim transcript, lead been provided by the Hearing Examiner ' s office to all parties of record and to the staff and Council. The hearing was opened by Mayor Homan. Robert Sandwick, attorney for Corvi Construction, noted that the appellant was not opposed to Con.- ditional Use permits ; that .in fact Corvi construc- tion is operating under such a permit oD the adjacent property. He noted that the Hearing Examiner held a public hearing on the matter on February 20, 1980 and approved the permit.:. on March 5, 1980 with certain conditions . J`ae appeal was filed on March 19, 1980 on the 'Js.sis that the proposed use was detrimental to the adjacent property, the site was inadequate, timely provision of buffering devices was needed and no provision for the timely compliance with (EQUIP RENT) the standards for parking, landscaping, etc. Sandwick further noted that the revised land- scaping plan, submitted by Equip Rent, had been rejected by the staff as inadequate. He noted that the Code provided that this particular piece of property should have 20 feet of landscaping for the front yard and the minimum of 1.0 feet for the side yard, but that the Hearing Examiner had noted that consideration could be given to providing a reduced landscaped area. Sandwick noted that the Hearing Examiner ' s decision stated that the use would be reviewed by the Planning Department six months from the time of approval of the landscaping plan and expressed concern that submittal of a revised plan would be delayed, thus delaying the review date. He suggested that Equip Rent had improved their operation within 2 days of the time the appeal was filed. Sandwick asked that the Council impose specific time limits for the improvements, - 10 - April 21, 1950 APPEALS suggesting that 30 days be allowed for the submittal and approval of a revised landscape plan, that the landscaping requireme,nts be at least 15 feet for the front yard and 10 feet for the side yard, and that the Conditiona).. Use Permit be terminated if the conditions are not met. Graham Bell, attorney for Equip Rent, noted that Corvi Construction had not advised Equix. Rent of their objections and that, in fact, the City had notified Equip Rent of the appeal. He stated that it appeared that Corvi felt that Equip Rent should have the same conditions which were placed on the Corvi Conditional Use Permit. Bell noted that Equip Rent intended to follow all of the City' s Code requirements and that he thought the problem was with the landscaping. It was his understanding that the comments of the Hearing Examiner were that (EQUIP RENT) there was a requirement of the Code for a cer- tain width for the landscaping, but that a tradeoff could be made so that the planting would be not quite as wide, but thicker, with more plants, which would do just as good a job of screening. He noted that this was satisfactory to his client. He noted that he had a land- scaper and that before they proceed further they would like to know the Council 's wishes. It was pointed out that the landscape plans T required the approval of the Planning Depart- ment. He noted that a thinner planting might do a better job and further, that the City Code allowed a 6-month period after approval of the landscape plan. Mayor Hogan noted that there had been an inquiry about Equip Rent occupying the site for about six months without the required Conditional Use Permit. Bell stated that when Equip Rent moved they were told they didn ' t need an additional license, nor. a Conditional Use Permit. Upon McCaughan ' s question, the City Clerk advised - 1Z - P.pril 2:1., 1980 APPEALS that a new address for a business required the same clearance as a new business and vas pr.o­ cessed through the Planning and Fire/Building Departments for the usual approval of xoninq and for Certificate of Occupancy. Will Wolfert, Associate Planner, determined for McCaughan that the Landscaping Code did not provide for narrower strips of plantings if they were of higher density except for certain condi- tions which did not seem to apply to these cumstances. Hearing Examiner Burke re-, -awed her comments, noting that this was a suggestion to be considered if the staff had such discre- tion. Bell noted that they agreed to the constraints as to the number of pieces of equipment which would be allowed on the site and stated that the requirements of all of the City Codes would be met. Bailey asked the Hearing Examiner if she had taken into consideration that this (EQUIP RENT) type of operation, on a small piece of property, might use the public right-of-way to load or unload equipment. Burke replied that any permit was subject to the requirements of all City Codes. Bell noted that the unloading on 84th Ave. S. which Bailey referred to was not done by Equip Rent but by another equipment rental company. In response to Bailey 's question about the sugges- tion of tradeoff on the landscaping provision, Burke noted that this was not made a condition of the permit approval, but that the Landscaping Code provided for some flexibility. There were no further comments and MOONEY MOVED to close the hearing. Bailey seconded. Motion carried. BAILEY MOVED that the Conditional Use Permit be remanded to the Hearing Examiner for further consideration on compliance and concurrence of the Planning Department for the landscaping and that a time limit be set on their compliance of not more than 120 days. McCaughan seconded and Bailey clarified his intent was not more than 120 days from the date of the Hearing Examiner ' s review. Motion carried. - 12 - April 21, 1980 COUNCIL Public Works Committee. Mooney reported that. COMMITTEES the Public Works Committee would hold a meeting on Wednesday, April 23, 1980 at 8: 15 d.:p., to further consider the proposed Public Wo.-rks Improvements Ordinance. Parks Committee. Bailey reported that the Parks Committee would hold no meeting until the end of the month. Ad Hoc Committees. Masters reported th it Planning Commission is holding a workshop meeting on Tuesday, April 22, 1980 on the IPP Studies and that a public hearing would be held on April 29, 1980. She suggested that as many Council members as possible should make an effort to attend. McCaughan noted that he had attended the last workshop held and referred to the great interest expressed by the community in the sessions. Chamber of Commerce Liaison. Bailey referred to the meeting scheduled for April 30, 1980 regarding the traffic situation in the Valley. He noted that the four Valley cities would be represented and that John Spellman, Councilman Barden and Councilman Grant would also be in attendance. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL OF PAYMENT of the bills received through April 18, 1980 after auditing by the Finance Committee at .its meeting at 3:00 o 'clock p.m. on April 30, 1980. ADJOURNMENT At 9: 30 o 'clock p.m. , MOONEY MOVED that the meeting be adjourned to an executive session, B. Johnson seconded. Motion carried. The meeting reconvened at 10: 10 o ' clock p.m. and was then adjourned. Marie Jen n, CMC City Clerk 13 -