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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/04/1980 Kent, Washington August 4, 1980 Regular meeting of the Kent City Council was called to order at 8: 00 o 'clock p.m. by Mayor Hogan. Present: Councilpersons Bailey, Hamilton, B. Johnson, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Public Works Direc- tor Wickstrom, and Planning Director Harris. Also present: Admini- strative Assistant Webby, Parks Director Wilson, Planning Commissioner Baer, and URS representative Abed. Approximately 50 people were in attendance at the meeting. COUNCIL Oath of Office. The City Clerk administered the oath of office to new councilperson Iry Hamilton. CONSENT Item D was removed from the Consent Calendar at CALENDAR the request of Councilperson B. Johnson and Item N was removed at the request of Councilperson Masters. McCAUGHAN MOVED that Consent Calendar Items A through M with the exception of Items D and N be approved, Hamilton seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 21, 1980 as printed. SHORELINE Amendments. On July 1, 1980 the Planning Commis- MASTER sion concluded its public hearing to consider PROGRAM changes to the Shoreline Master Program. The Commission recommends adoption of 29 amendments, adoption of a set of definitions to replace exist- ing definitions on pages B-1 through B-6 of the Program and further recommends that a number of areas along the Green River be designated as con- servancy environments. A copy of the 29 amend- ments to the text, the definitions and a map showing the proposed conservancy areas has been distributed and filed for the record. The public hearing scheduled for this meeting was opened by Mayor Hogan. Harris noted that the Planning Commission recommends that the Uplands Corporate Park Plat be deleted because of the conditions placed upon the approval of the Final - 1 - August 4, 1980 SHORELINE Plat last year. Harris pointed out the areas pro- MASTER posed for conservancy designation, noting the PROGRAM importance of preserving trees along the river and the importance of having available access to the river. Bailey expressed concerns over Amendments Nos. 10, 20, 22 and 24. Mooney commented that SR 516 would have to be considered when conservancy areas were designated and noted further that the Corps of Engineers would require access to maintain the dikes. Jim Hudson, representing Trans Canada Enterprises, requested that their property, known as the Goodnews Bay property, be exempt from the conservancy designation, stating that such designations should be withheld until after the City purchased the property. He noted also that the property is diked and that he thought conservancy areas would be undiked areas along the river and that development plans have been filed by Trans Canada. His letter dated August 4 to the Council and his letter dated June 16 to the Planning Commission were both filed as a part of the record. Mr. Coffey of the Boeing Company submitted written comments from Denver Grigsby concerning proposed Amendments Nos. 4, 5, 6, 7 and 20. This document was filed as part of the record. Ms. Lopez spoke against the limitations the amendments would impose on her property near the Russell Woods. Barney Wilson complimented the Planning Commission and recommended the Council adopt the amendments. Joe Street noted that areas designated conservancy would be taken off the tax rolls and that this loss, in addition to the cost of acquir- ing the land, would affect the City. Norm Heutmaker stated that the City should purchase any property which they wished to be kept as open space. Jerry Hillis representing the Mueller Group expressed concern over Amendments Nos. 3, 6, 7 and 10. upon his questions about Nos. 23 and 24, Harris noted that it was understood that all of Russell Road 2 - August 4, 1980 SHORELINE was not considered a scenic road. Dave Uhrich MASTER of Upland Industries commented on a portion of PROGRAM Amendments Nos. 6, 17 and 20. He then showed some slides of the types of development which could be accomplished along the river and sug- gested some changes in the setback requirements. John Barr of Pacific Industrial Concepts also had some suggestions regarding the setback re- quirements. McCaughan noted that in view of the considerable suggestions made tonight that the staff should have time to collect and review the additional data. Harris concurred, noting that he would have the material compiled for the workshop meeting of August 11. BAILEY MOVED to continue the hearing to the August 18, 1980 Council meeting, B. Johnson seconded. Motion carried. i HEALTH & (CONSENT CALENDAR ITEM 5E) SANITATION Emergency Sanitary Sewer Repair (Vicinity of East Valley Highway and S. 204th.) DECLARATION of an emergency and AUTHORIZATION for the funds in the amount of $14, 000 from the unencumbered balance of the Sewer budget for the emergency sewer repair in the vicinity of the East Valley Highway and S. 204th. The Director of Public Works reported that camera inspection indicated a failure in the sewer system, allowing ground water and sand to enter the system. It was felt that if this was allowed to continue the street would be exten- sively damaged and would be a hazard to the public. STREETS (CONSENT CALENDAR ITEM 5C) LID 300 - Crow Road, S.E. 260th and 101st Avenue S.E. Street Improvements. ADOPTION of Resolution No. 904 setting the public hearing date on the Preliminary Assessment Roll for the formation of LID 300 for September 2, 1980. The Public Works Director has reviewed the events leading up to the proposed street improvement and an informal meeting with the property owners in the involved area was held on July 16, 1980. The proposed pro- ject consists of reconstructing the streets with 3 - August 4, 1980 STREETS curbs and gutters, sidewalks, storm drainage and retention, undergrounding, street lighting and landscaping, as well as sanitary sewer and water improvements. (CONSENT CALENDAR ITEM 5D REMOVED AT THE REQUEST OF COUNCILPERSON B. JOHNSON) LID 301 - S. 252nd Street Improvements. At the July 21, 1980 Council meeting the Council directed the City Attorney to prepare the ordinance creat- ing the LID. Mirk noted that the ordinance would be ready for the August 18, 1980 Council meeting and explained for Norm Heutmaker that there would be a 30-day protest period after passage of the ordinance. (CONSENT CALENDAR ITEM 5F) Pavement Marking Demonstration Program Agreement. AUTHORIZATION for the Mayor to sign the agreement _ with the Washington State Department of Transporta- tion for funding for the Pavement Marking Demon- stration Program for approximately $163,000. The matching ratio is 1000% Federal and 0% Agency funds. (CONSENT CALENDAR ITEM 5G) Meeker Street Widening Agreement. AUTHORIZATION for the Mayor to sign the agreement with the Washington Department of Transportation for Federal funding in the approximate amount of $498,000 for the Meeker Street Improvement project from Washing- ton Avenue to Russell Road. The City 's share is a budgeted item. LID 291 S. 196th Street Improvement (WVH to Russell Road.) The review period for the Draft Environmental Impact Statement has expired and comments received have been incorporated in the Final EIS. Acceptance of the Final Environmental Impact Statement as pre- pared by URS is requested, and Bailey expressed his concern that Boeing' s objection to the proposed LID as contained in the EIS was not properly addressed by the City. Wickstrom commented that rather than closing the hearing at this meeting it was anticipate, 4 - August 4, 1980 STREETS that the Boeing property be appraised with a view to determining the value before the proposed im- provements and after the proposed improvements, such appraisal thereby giving the anticipated value or benefit to the property involved in a dollar amount. Upon McCaughan's question, wick- Strom explained that the road would be sufficiently wide to allow a bike trail and clarified for Mayor Hogan that the appropriate speed limits would apply. McCaughan suggested that bike trail should be encouraged throughout the area, particu- larly scenic areas, and it was determined that the original plan for a four lane street was changed to three lanes with a bike trail. Bailey noted that he would reserve further com- ments on the issue regarding the Boeing property (LID 291) until later and there were no further comments regarding the Final Environmental Impact Statement. MASTERS MOVED that the Final EIS as prepared by URS for LID 291 be accepted, B. Johnson seconded. Motion carried, with Bailey voting nay. This date has been set for the public hearing on the Preliminary Assessment Roll for the formation of LID 291. Jess Abed of URS explained the scope of the project, noting that the proposed LID con- sists of four elements upon which assessments were based, namely street design, surface and storm water runoff, sewer and water improvements and that each property owner was assessed on a graded method according to the benefits to the property. He noted that the total project cost was estimated to be $2, 162, 000. Bob Hawkins of URS described the various zones involved in computing the property assessments. The public hearing was opened by the Mayor. Forrest G. Coffey, Director of Public Affairs of the Boeing Company, referred to their letter of protest and referred to the approximately 40 acres owned by Boeing which were included in the LID and noted that the Company' s radar range was included in this area but that there was no other development 5 - August 4, 1980 STREETS and none contemplated; further, that the Company would not be benefited by the LID. He noted that in the past Boeing has borne the cost of necessary improvements such as street lights and traffic lights. Coffey stated that the Boeing Company was in favor of the improvement and was willing to deed the property necessary for the road develop- ment and to vacate Russell Road. He also explained that should Boeing decide to develop the property at some time in the future, though very unlikely, they would be willing to pay any late comer charges (LID 291) for a connection to the sewer and water improvements. With regard to the proposed appraisal referred to by Wickstrom, he noted that it was unlikely that any appraiser would indicate that the property would not be improved by the project. He concluded that the City should consider the alternatives which Boeing was offering as opposed to being included in the LID. Wickstrom noted that it was the City 's intent to have the Boeing property appraised as it now is and what it will be after the improvements are put in. He noted that the present assessment against this property amounts to approximately $750, 000 and under the LID basis, the property will be benefited by that amount. He suggested that it was necessary to have these figures before going into the final LID stages. He suggested that the public hearing be continued to September 15, 1980 to enable the Public Works Department to have the necessary appraisals com- pleted. in response to B. Johnson's question, Wickstrom showed on the map the por- tion of the Boeing property that would be benefited by the LID and noted that this was the area that would be appraised. He noted that the sewer and water improvements would be considered as a benefit to the property should it be developed at some time in the future; that the property is zoned M-1 and M-2 and that any improvements would benefit the property if considering possible future use. In response to Bailey's question as to whether Boeing would be willing to dedicate the right of ingress and egress to the property in question, Coffey clarified that while they would be willing 6 - August 4, 1980 STREETS to deed the necessary property for the road improve- ment it was necessary to retain the ingress and egress because of the radar range. Wickstrom clarified for Masters that the land value for purchase of right of way would be included as part of the LID costs . Bailey stated that he hoped that before the workshop session on the llth the expected benefits to the property would be made clear. Mirk clarified that Wickstrom was correct in that the law relating to special bene- fits is not looking at the current use of the property but rather whether the property would be benefited in the future. BAILEY MOVED to continue the public hearing to (LID 291) September 15, 1980 with the matter to be reviewed at the workshop meeting of September 8, 1980, B. Johnson seconded. Motion carried. McCAUGHAN MOVED that the letter of the Boeing Company dated July 30, 1980 be made a part of the record, Mooney seconded. Coffey clarified that the Boeing Company would present their alternate solutions in writing to the City prior to the continued public hearing. Motion carried. LID 304 - Smith Street Improvements (4th Avenue Avenue to Lincoln Avenue. ) This date has been set for the public hearing on the Preliminary Assessment Roll for the formation of LID 304. Public Works Director Wickstrom described the scope of the project, noting that it is located on Smith Street from Fourth Avenue to Lincoln Avenue and on Lincoln Avenue to approximately 385 feet north of Smith Street. He noted that the project will upgrade the existing facilities with the construction of a new road, curbs, gutters, sidewalks, lighting, landscaping, storm drainage, and will rebuild utilities and railroad crossings. The project cost is estimated to be about $567,961. Wickstrom clarified for B. Johnson that the peti- tion originally received was only to 6th Avenue and that Metro improved Smith Street in that area. 7 - August 4, 1980 STREETS In response to McCaughan' s question, Wickstrom noted that the LID petition was initiated by Old National Bank, Mr. Coates and Westside Federal Savings & Loan. It was determined for e MayrLID. Hogan that sidewalks would be a part of retests have been ID. Wick,strom also noted that p re- ceived to date totalling about 42%, including protests from Nona Faye Nixon, Miles Drake, Puget Power, William E. Coats, Chicago, Milwaukee, St. Paul and Pacific Railroad, Union Pacific Land Resources Corporation and Union Pacific Railroad. It was determined for Bailey that the Coats who had signed the petition was now protesting the LID. The public hearing was opened by the Mayor. Dave Uhrich of Union Pacific Land Resources Corpor- ation noted that the protest filed by them and by Union Pacific Railroad had been submitted in error and asked that it be withdrawn. Miles Drake referred to his letter protesting the LID formation, noting (LID 304) that $1110 of his $4967. 01 assessment was for an 8" water line extending to the property from a 6" main in Smith Street and that the connection would not be usable at the present time. He opined that the proposed improvements were not a good investment at this time and stated that the bound- aries should go from Smith Street to the railroad tracks; that the benefits did not compare etto the amount of the assessments. He suggested Metro would be the only one to benefit from the improvement and should pay the cost of the project. Joan Nussli noted that B & J Wrought Iron is pre- sently operating under a variance from the City and Wickstrom stated that it may be necessary to use the full right of way for the sidewalks. It was determined that the Nixon protest covered the residence next to the tracks. MOONEY MOVED that the public hearing be closed, Bailey seconded. Motion carried. MASTERS 11OVED to accept the letters of protest with the exception of those of Union Pacific Land Resources and Union Pacific Railroad. Mooney seconded. In response to B. Johnson' s ques- tion as to whether the removal of the Union Pacific protests would make a substantial difference in the protest percentage, Mirk clarified that it was difficult to determine at this point since the land was owned jointly by Union Pacific and Chicago 8 - August 4, 1980 STREETS Milwaukee railroads. It was also determined that the percentage, including the Nixon protest, pro- bably amounted to about 45%. Motion carried. MOONEY MOVED that the City Attorney be directed to prepare the ordinance creating LID 304, J. Johnson seconded. Motion carried. WATER LID 303 SE 270th Water Main (124th SE to 118th Place SE) . This date has been set for the public hearing on the Preliminary Assessment Roll for the formation of LID 303. Public Works Director Wickstrom noted that this project is exempt from the Environmental Impact Statement process. He described the proposed project as the construction and installation of 6" and 8" water mains on SE 270th Street from 124th SE to 118th Place SE; on 120th Avenue SE from SE 270th to SE 268th and on SE 2f8th Street from 120th SE to a point 650 feet west of 120th SE. He noted that the project cost is estimated to be $106, 272. Wickstrom explained that the project was originally designed to help customers obtain better water service. He noted that plans had been made to terminate 15 Kent Springs Transmission line customers and notify them that they would not be receiving further service from that source. He noted that Keith Miller had made an extension to the water main. He p-)inted out that the scope of the project had been reviewed with the property owners and also notel that the project is assessed area-wide for fire protection services. Wickstrom stated that construction would start next spring if the pro- ject is approved. He explained that method of assessment and noted that as of the start of tonight' s meeting, the percentage of protests received was 16%. The public hearing was opened by the Mayor. The Cler]; noted that letters of protest had been re- ceived from Estelle Nation Lapinski, Clinton and Laveen Heacock, Philip and Kathleen Gauthier, and that R. L. Nation had filed a protest this evening. MASTERS MOVED to accept the letters for the record, McCaughan seconded. Motion carried. At the request of Mrs. Lapinski, her letter of protest was read. 9 - August 4, 1980 WATER It was determined that Mrs. Lapinski' s letter referred to the designation of open space for her property and Mirk clarified that the subject property had to be included within the LID boundaries and if Mrs. Lapinski wished to claim the open space exemption, she had to so notify the assessor' s office. He pointed out that if at any time in the future she wanted to utilize the line she would then be required to pay all of the back charges, including interest. Don See questioned whether the proposed LID would be discussed again. Wickstrom clarified that if the protests totalled more than 60%, the project would be halted at this point unless a health hazard exists, in which case the Council could by unanimous vote order the improvement over the protests. Wickstrom also clarified that the new proposed line would be strictly a distribution line and the old transmission line would eventually be removed and rebuilt, not necessarily in the same place. Upon See' s question Wickstrom noted that if the transmission line .is relocated, the easements for the present line would no longer be needed. He stated that the notices already sent as to the termination of water service from the existing transmission line pertain only to those who are in the Kent service area and that the intent was to notify usera who have other sources available to them. Those who do not have an immediate alternate source will be notified that within two or three year: they will be required to find an alternate sour:e. Kathleen Gauthier stated that the people on 120th S.E. did not have need for water and questioned whether they could be exempt from the LID. Wick- strom noted that while some of the property owners may now be on wells, the line will be put down adjacent to these properties. Elwood Carter stated that his property, on 268th, needed water from the line which would go down 120th. Mrs. Lapinski and Mrs. Heacock noted that they were adequately served by wells and it was determined that there were insufficient protests - 10 - August 4, 1980 WATER to halt the proposed project , as the total at this time appeared to be just slightly over 16%. See asked if the new line could be placed in the present transmission line location or if the old line could be upgraded. Wickstrom explained that the transmission line is a low pressure system and that the new distribution line will be a high pressure system, thus giving better service to the users. He further clarified that if the city repaired or upgraded the old line it would cost between five and six million dollars and would be three or four years away. In response to See' s further question, Mirk deter- mined that there was a 30 day protest period after the ordinance is effective. There were no further comments and BAILEY MOVED that the hearing be closed, Mooney seconded. Motion carried. MOONEY MOVED that the City Attorney be directed to prepare the ordinance to create LID 303 , McCaughan seconded. Motion carried. TRAFFIC (CONS.cNT CALENDAR ITEM 5L) CONTROL City of Kent Traffic Speeds. ADOPTION of Ordinance No. 2240 amending Section 2 of Ordinance No. 2163 relating to traffic speeds in the City of Kent. (CONSENT CALENDAR ITEM 5M) Master Signal Control Computer Application for Funds. AUTHORIZATION to submit application for Federal fund3 for a Master Signal Control Computer System. The request is for 100% Federal funds in the amount of $320, 000. STREET (CONSENT CALENDAR ITEM 5J) VACATION Intersection of S. 196th Street and Russell Road. ADOPTION of Resolution No. 905 setting September 2, 1380 for a public hearing on the Union Pacific Land Resources Corporation request for vacation of a portion of the intersection of S. 196th Street and Russell Road. (CONSENT CALENDAR ITEM 5K) Cul-de-Sacs Vacation Block 2 of Southcenter Corporate Park Plat. ADOPTION of Resolution No. 906 setting September 2 , 1980 for a public hearing - 11 - August 4 , 1980 STREET on the Union Pacific Land Resources Corporation VACATION request for vacation of certain cul-de-sacs located in the Southcenter Corporate Park Plat. PLAT Strain ' s First Addition. On July 7 , 1980 the VACATION City Council adopted Resolution No. 902 which sets this date for a hearing on the vacation of this plat. The Planning Department recommends approval of the vacation of Strain' s First Addition with the following conditions: 1) Grant to the City an easement for utility and drainage purposes on the westerly 15 ' of Lots 6, 7 and 15 of Strain' s First Addition as re- corded in Volume 65 of Plats, page 93, records of King County, Washington. 2) Crant to the City a temporary construction easement on the easterly 20 ' of the westerly 35' of Lots 6, 7 and 15 of Strain' s First Addition as recorded in Volume 65 of Plats, page 93, records of King County, Washington. The public hearing was opened by the Mayor. There were no comments from the audience and no corres- pondence has been received. B. JOHNSON MOVED that the public hearing be closed, Mooney seconded. Motion carried. B. JOHNSON MOVED that the Strain' s First Addition Plat vacation application be approved with the conditions noted, McCaughan seconded. Motion carried with Bailey abstaining. ANNEXATIONS (CONSENT CALENDAR ITEM 5I) Kesszy Proposed Annexation. ACCEPTANCE of the 10% notice of intention to petition for annexation for a portion of land east of 104th Avenue SE between S. 240th Street and S. 252nd Street containing approximately 128 acres of land and SETTING of a meeting with the proponents for 7 : 00 o ' clock p.m. at the workshop of August 11, 1980 . The signatures have been certified as sufficient by the Property Manaaer. PLANNING (CONSENT CALENDAR ITEM 5H) COMMISSION Resignation. ACCEPTANCE with regret, resignation of Terrence Burns from the Planning Commission. 12 - August 4 , 1980 HOUSING & (CONSENT CALENDAR ITEM 5N REMOVED AT THE REQUEST COMMUNITY OF COUNCILPERSON MASTERS) DEVELOPMENT Application for Housing & Community Development Funds. (Joint Projects are due August 15, 1980. ) Authorization is requested to submit application for $25,000 Construction Funds for the Earthworks Project. BAILEY MOVED to authorize the application for funds, J. Johnson seconded. Masters noted that she intended to vote against the motion since there were some other areas of community concern that were more important. Motion carried with Masters and Mooney voting no. Main Street Center Program. It was noted that Kent was not selected to be included in Washington State' s pre-application for the National Main Street Center Program. Kent will be an alternate if the State is successful in its application for this program which offers technical assistance to small cities for downtown revitalization. Harris noted that since Kent was selected as an alternate it puts Kent into the program. Five cities were selected and Auburn was given the first priority. POLITICAL McCaughan questioned the placement of illegal SIGNS political signs and suggested that the parties involved be notified of their violations. COUNCIL Public Works Committee. Mooney reported that the COMMITTEES Public Works Committee would be meetina on Wednes- day :Horning August 6th at 8:15 a.m. Park:3 Committee. Bailey noted that the Parks Com- mitt,3e would be meeting on Thursday August 7th at 8 : 15 a.m. At the request of Councilperson McCaughan, it was determined that a report would be made regard- ing the recent drownings at Lake Fenwick. Public Safety. Mirk noted that he wished to have the drug paraphernalia ordinance referred to the workshop for further discussion, including refer- ences to magazine sales . Administrative Reports. The Mayor noted that those persons wishing to attend the National League of Cities meeting in Atlanta should notify her office so that registrations could be submitted. She noted that funds had been budgeted for her attendance. 13 - August 4 , 1980 FINANCE A royal of Bills. APPROVAL of payment of the bills received t rough August 5, 1980 after audit- ing by the Finance Committee at its meeting to be held at 3 : 00 o'clock p.m. on August 15 , 1980. EXECUTIVE At 10 :45 McCAUGHAN MOVED that the meeting be ad- SESSION journed to an executive session, Bailey seconded. Motion carried. ADJOURNMENT The meeting reconvened at 10 : 55 and MOONEY MOVED that the meeting be adjourned. Hamilton seconded. Motion carried. r Marie Jer�Sen, CMC City Clerk 14 -