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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/02/1980 Kent, Washington September 2, 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, Planning Director Harris, and Public Works Director Wickstrom. Also present: Admini- strative Assistant Webby, Parks Director Wilson, Planning Commissioner Leahy and URS representatives Abed and Ramsey. Approximately 35 people were in attendance at the meeting. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular meeting of August 18, 1980 as. printed. CONSENT McCAUGHAN MOVED to approve Consent Calendar Items CALENDAR A through N, with the exception of Item F which was removed at the request of Councilperson Bailey. Mooney seconded. Motion carried. HEALTH & (CONSENT CALENDAR ITEM 5K) SANITATION Downtown Sanitary Sewer Replacement Phase 2. ACCEPTANCE of the contract of King Construction as complete for the Downtown Sanitary Sewer Replacement Phase 2 project for the installation of sanitary sewer, storm drainage and street improvements and RELEASE of the retainage upon receipt of the neces- sary State releases. The project bid was for $305, 673.67 and the actual cost of construction was $318,410.51. STREETS (CONSENT CALENDAR ITEM 5J) 1980 Asphalt Overlays. ACCEPTANCE of the contract of M. A. Segale as complete for the 1980 Asphalt Overlay project for S. 222nd Street, Smith Street, N. Summit Avenue, S . 196th Street, 100th Avenue S.E. , 86th Avenue S. , S . 228th Street, Woodland Way and Lake Fenwick Road S . , and RELEASE of the retainage upon receipt of the necessary releases from the State. The project was bid at $70, 116.00 and the actual cost of construction was $77, 075 .66. (CONSENT CALENDAR ITEM 5L) (LID 289) LID 289 - Kent-Kangley Street Improvement (S.E. 256th to 116th S .E. ) AUTHORIZATION for the Mayor to sign - 1 - September 2, 1980 STREETS the State/City Agreements, after review and approval by the City Attorney, for the improvement of SR 516 from 104th Avenue S .E. to 116th Avenue S.E. Total (LID 289) City obligation is $703, 150.00 for the street con- struction and utility improvements. The City also has additional commitments for right-of-way purchase and the Public Works Department has budgeted the amount of $1, 155, 268.90 for the project. (CONSENT CALENDAR ITEM 5G) LID 301 - S . 252nd Street Improvement. ADOPTION of (LID 301) Ordinance No. 2244 creating LID 301. A public hear- ing was conducted on this matter on July 21, 1980. LID 300 - Crow Road, S.E. 260th and 101st Avenue S.E. Street Improvement. This date has been set for the public hearing on the formation of LID 300. Public Works Director Wickstrom described the proposed pro- ject which consists of constructing new streets, storm drainage, illumination system, water and sani- tary sewer extensions, together with concrete curbs, gutters and sidewalks, at a cost estimated to be $1, 172, 298.47. Wickstrom pointed out the location of the proposed project on the map, noting that a meeting had been held with property owners in the (LID 300) vicinity. He explained the method of financing, by bonds, noting that many of the property owners would prefer a 15 year period for payment of the assessment charges. The public hearing was opened by the Mayor. It was noted that protest letters had been received today from Sloan & Stroum and from Jack Barkes. MASTERS MOVED that the letters received be made a part of the record, B. Johnson seconded. Motion carried. Barney Wilson addressed the Council as a private citizen, noting that this was a case where the tax- payers were being required to pay assessments for improvements necessitated by new development coming into the City. He pointed out that the assessment for the Mill Creek Canyon Park was $300, 000. Bob O'Brien, representing the American Legion, noted that they will be unable to utilize the sewer 2 - September 2, 1980 STREETS line and Wickstrom clarified that they would be assessed for street improvements only. Oscar Crum noted that his property was in the vicinity of 104th S.E. and S.E. 260th and that water service was provided to them by means of the water line put in by Skate King. Wickstrom clarified that there would be a late comer charge for Mr. Crum payable to Skate King for this hookup. Upon ques- tions from Jack Stone of Home Savings & Loan, Wickstrom explained that if the City wishes to proceed with the LID the City Attorney will be directed to prepare the necessary ordinance creat- ing the LID, and that the protests must total 60% in order to restrain the proposed LID. He also added that there is a 30-day protest period after the passage of the ordinance creating the LID. Wickstrom determined that the protests received to date totaled only 3% and it was further noted that (LID 300) the new development would be assessed for their proportionate share. Wilson suggested that the developments would receive greater benefits from the improvements than anyone else. Wickstrom deter- mined for Norm Heutmaker that it would not be feasible to construct LID 301 along with LID 300, as LID 301 required acquisition of rights-of-way. There were no further comments and MOONEY MOVED that the hearing be closed, Masters seconded. Motion carried. MOONEY MOVED that the City Attorney be directed to prepare an ordinance creating LID 300, Bailey seconded. McCaughan noted that he wished to abstain from voting on the proposed LID since his mother-in- law owned property within the boundaries of the LID. He also questioned the City of Kent assessment in the approximate amount of $300, 000 and Wickstrom explained that the improvements to the park property will benefit the general public. Motion carried, with McCaughan abstaining. WATER REMOVED FROM CONSENT CALENDAR AT THE REQUEST OF COUNCILPERSON BAILEY (LID 303) (CONSENT CALENDAR ITEM 5F) LID 303 - S .E. 270th Water Main. Bailey noted that - 3 - September 2, 1980 WATER several property owners involved in this LID were in attendance at the meeting. The Clerk noted that a petition of protest containing 13 signatures had been received, a copy of which has been furnished to the Council. MASTERS MOVED that the protest petition be made a part of the record, McCaughan seconded. (LID 303) Motion carried. Wickstrom determined that the total protests received now total 380%. McCAUGHAN MOVED to approve Consent Calendar Item 5F adopting Ordinance No. 2243 creating LID 303, for which a public hearing was held on August 4, 1980. Mooney seconded. Motion carried. STREET Union Pacific Land Resources Corporation (Intersection VACATION of S. 196th Street and Russell Road. ) On August 4, 1980 the City Council adopted Resolution No. 905 which set this date for a Council public hearing on the Union Pacific Land Resources Corporation request for vacation of a parcel of land at the intersection of S . 196th and Russell Road. The Planning Department recommends approval and a copy of their report, together with a map showing the location of the proposed vacation, has been furnished to the Council and made a part of the record. The public hearing was opened by the Mayor. There were no comments from the audience and no correspondence has been received. B. JOHNSON MOVED that the public hearing be closed, J. Johnson seconded. Motion carried. B. JOHNSON MOVED that the Union Pacific Land Resources Corpora- tion request for vacation of a parcel of land at the intersection of S. 196th Street and Russell Road be approved and for the City Attorney to draft the ordi- nance. Mooney seconded. Motion carried. Union Pacific Land Resources Corporation (Cul-de-sacs Vacation, Block 2, Southcenter Corporate Park Plat. ) Vacation of On August 4, 1980 the City Council adopted Resolution Cul-de-sacs No. 906 which set this date for a City Council public hearing for the Union Pacific Land Resources Corpora- tion request for vacation of two cul-de-sacs located in the Southcenter Corporate Park Plat, lying betwee - 4 - September 2, 1980 STREET 6th Avenue S. and West Valley Highway. Planning VACATIONS Director Harris noted that the Planning Depart- ment recommends that the request to vacate the two cul-de-sacs be denied or deferred at this time for the following reasons : 1) Lots 3, 4, 7 and 8 of the Southcenter Corporate Park has access from these cul-de-sacs. If they are vacated, the legal access for these lots will be from West Valley Highway. When this plat was approved, it was assumed that, all lots would access off interior streets, not off West Valley Highway. Traffic Engineering urges that this not be permitted since West Valley Highway is functionally classified as a major arterial which provides through circulation. 2) Recent plans indicate that development may take place which would negate the need for the lots between and north and south of these cul-de-sacs with a stipulation that no access to the newly created lot be from West Valley Highway. If the lots are to be vacated the cul-de-sacs vaca- tion application should be deferred until this happens. Harris explained that he had recently talked to the applicant about reason No. 2 and Harris recommended that the matter be deferred until the applicant added the vacation of the lot lines to the cul-de-sacs vaca- tion request. He noted that without including the lot lines, there would be access to the West Valley Highway. The public hearing was opened by the Mayor. Dave Uhrich noted that at the time of approval of the plat, access from the West Valley Highway was discussed and that the former Director of Public Works had indi- cated that one or two accesses by right turns from the West Valley Highway could be permitted. He asked that this be allowed, noting that this was approxi- mately a half-mile strip along the West Valley High- way. Masters noted that this was a high traffic area and that if right turns were permitted, illegal 5 - September 2, 1980 STREET left turns would also occur. B. Johnson concurred, VACATIONS noting that illegal left turns were made now. McCaughan suggested that the turns could be limited to "right in and right out" only and spaced 1/4 mile apart. MOONEY MOVED to continue the hearing to the October 6, 1980 meeting and to refer the matter to the Public Works Committee to work with the property owner and planner to resolve the problems. B. Johnson seconded. Motion carried. PRELIMINARY (CONSENT CALENDAR ITEM 5H) PLAT Olympic Estates Preliminary Plat (SU-79-71. APPROVAL of the request for a 12-month time extension for the completion of the Olympic Estates Preliminary Plat. The current deadline for recording the plat is September 4, 1980 and the Council is authorized to grant an extension of time for a period not to exceed one year. FINAL PLATS (CONSENT CALENDAR ITEMS 5M and 5N) Daon Final Plat (SU-79-1) and Kentview Final Plat (SU-79-4) . SETTING of September 15, 1980 as a public meeting date to consider acceptance or rejec- tion of the Daon Final Plat and the Kentview Final Plat. Both plats have been signed by the Public Works Director and the Planning Director, and to comply with the Subdivision Ordinance the Council must now hold public meetings, at which time the plats should be approved, disapproved or returned to the applicant for modification or correction. SHORT PLAT Pacific Ventures Short Plat Appeal (SPC-80-17) . APPEAL On August 18, 1980 this date was set for the Council to consider the objections to the conditions imposed by the Short Plat Committee in the matter of the Pacific Ventures Short Plat. It was determined that Pacific Ventures was not represented and at Mirk ' s suggestion MOONEY MOVED that the matter be continued to September 15, 1980 and for the City Clerk to so notify the appellants. Masters seconded. Motion carried. 6 - September 2, 1980 CONDITIONAL Equip Rent Conditional Use Permit Appeal. In res- USE PERMIT ponse to McCaughan' s questions , Mirk noted that the Conditional Use Permit Appeal which was heard by the Council on April 21, 1980 and remanded to the Hearing Examiner for further review .;.s now in the process of being appealed to the S�iperior Court. He pointed out. that the appeal relates to the request for a variance on the landscaping require- ments and that the appellant either has to meet the City ' s landscaping requirements or vacate the premises. Mirk opined that the matter would be heard in Court in October. SHORELINE (CONSENT CALENDAR ITEM 51 MASTER PROGRAM City of Kent Shoreline Master Program Amendments. ADOPTION of Resolution No. 907 endorsing the proposed amendments to the City of Kent Shoreline Master Pro- gram. The Planning Commission concluded its public hearing on July 1, 1980 and the Council conducted hearings on August 4, 1980 and August 18, 1980. The matter was also discussed at the August 11 work- shop. The Amendments, Definitions and designation of a number of areas along the Green River as Con- servancy Environments are listed in the August 18 Council minutes. COMPREHENSIVE (CONSENT CALENDAR ITEM 5C) PLAN AND ZONING AUTHORIZA`L'ION to direct the Planning Department to REVIEW review the Comprehensive Plan and Zoning in the area south of Willis Street east of the Milwaukee tracks. REZONE Robert Randall Rezone (RZ-80-3) . The Robert Randall Company application for a rezone from CC, Community Commercial, to MRM, Medium Density Multi-Family Resi- dential, was heard by the Hearing Examiner on July 16, 1980. The property, containing approximately 2 acres, is located west of 101st Avenue S.E. north of S.E. 260th and is contiguous to a parcel of land already zoned MRM which is planned for development by the applicant. The Hearing Examiner ' s report of July 29, 1980 recommended approval of the rezone subject to the following conditions: 7 _ September 2, 1980 REZONE 1) Dedicate the southern 30 feet of the property paralleling and abutting S .E. 260th Street from Crow Road to 101st Avenue S.E. to the City for street purposes. 2) Execute a no protest LID Covenant with the City for the following improvements : (a) The improvement of S.E. 260th and 101st Avenue S.E. to a width of 36 feet of asphalt concrete pavement; curb, gutter, sidewalks; street lights; underground utilities; storm drainage, and other related appurtenances. Such covenants to be approved by the City Attorney and the City Engineer. 3) There shall be no direct vehicular access to any future development on the site from 101st Avenue S.E. 4) The site development plan shall be designed to provide maximum protection and buffering to the single family residences adjacent to the north; such consideration to include a solid sight obscuring fence of no less than six feet in height. The site plan shall also consider the need to buffer the apartment residents from the existing and prospective commercial develop- ment to the east. As a minimum, Type II landscap- ing shall be provided on the northern and eastern perimeters of the property. In accordance with the memo from the Hearing Examiner dated August 11, 1.980 outlining a misunderstanding between the Public Works Department and the Hearing Examiner, MASTERS MOVED to approve the Robert Randall Rezone with the Hearing Examiner' s conditions, except that Condition No. 3 be deleted. McCaughan seconded. Motion carried. BEAUTIFICATION Preservation of Trees and Restrictions on Development. An ordinance imposing certain restrictions for preser- vation of trees and on development on and adjacent to streams, creeks and tributaries in the City of Kent was reviewed by the Council at the August 11, 1980 workshop and referred to the Public Works Committee on August 20, 1980 for further consideration. It is the recommendation of the Planning Department that 8 - September 2, 1980 BEAUTIFICATION the ordinance be adopted with the changes as recom- mended by the Public Works Committee. Accordingly, McCAUGHAN MOVED that Ordinance No. 2245 be adopted, B. Johnson seconded. Motion carried . PHASED LAND Proposition for Noveiyib;�r General Election Ballot. DEVELOPMENT Authorization has been requested for the City Attorney to be directed to prepare a sample ballot proposition for the November General Election as follows: "Should the City of Kent restrict development on the Valley Floor frut� S . 212th Street, west of the West Valley Highway to the base of the hill and south to S . 277th Street until the already zoned Commercial, industrial. and Residential areas in the City have been (-1eN,iE,,!.oped . " MOONEY MOVED that the mar.,ter be postponed indefinitely, McCaughan seconded. Motion carried. Mayor Hogan noted that the matter had been discussed' at the work- shop meeting of August 25 , 1.980 and that the Council was asked to consider the matter, with their action on the proposal- to be taken at this meeting. MILL CREEK PARK Bids. Three bids were received for this project on & DRAINAGE August 29. Wickstrom noted thT.Ilt the bids were sub- PROJECT stantially higher than :tnticipated and he recommended that any action be withheld until the next meeting to allow time for a detailed review of t',Iie project and bids. HAMILTON SO MOTAD, Mooney seconded. Motion carried. lolickstrom no-ced that the bids were firm for a 30-day period. INSURANCE Insurance Pooling. Authoriza_.ion has bean requested for the Mayor to sign the interlocal ac, ,reement re- garding insurance pooling. BAILEY MOVED that the matter be deferred to the September 15, 1980 meeting to allow time for further informational input. Masters seconded. Cushing stated that after the cities all decide whether to participate in the pool, time will be needed to put the program together to see if the project remains feasible. He noted that the project is behind schedule now and further delay 9 September 2, 1980 INSURANCE would place the completion date after January 1. Cushing determined that there were still two points at which the City could withdraw: after the feasibility study, when each City is asked to reaffirm that they will participate and again if the final figures are greater than anticipated. J. Johnson noted that the Finance Committee had discussed the matter at their meeting and were in favor of going ahead with the proposal. Bailey expressed concern over the wording in the agree- ment and it was noted that the City Attorney should review this. Bailey ' s motion to defer action to September 15, 1980 carried, with Mooney, B. Johnson, Mastersand Bailey voting in favor and McCaughan, Hamilton and J. Johnson voting against. COUNCIL (CONSENT CALENDAR ITEM 5E) National League of Cities Conference. AUTHORIZATION for Councilpersons J. Johnson and Tom Bailey to attend the National League of Cities Conference in Atlanta. Bailey stated he was not as yet certain as to whether he would attend. Public Works Committee. Mooney reported that the Committee would meet on Wednesday morning, September 3, 1980 in the Fourth Floor Conference Room at 8:00 a.m. Parks Committee. Bailey reported that the Parks Com- mittee would meet on Thursday morning, September 4, 1980 at 8:00 a.m. FINANCE (CONSENT CALENDAR ITEM 5D) Rainier National Bank Cremation Agreement. AUTHORIZA- TION for the Mayor to sign the Cremation Contract Agreement with Rainier National Bank as requested by the Finance Department. Rainier National Bank is the Fiscal Agent for all governmental entities in the State of Washington and is empowered to assume respon- sibility for record keeping. The City is desirous of entering into a cremation agreement with the Bank which will hold them responsibile for paying bonds and coupons and destroying the same after the appropri- ate time and notice. No fees are associated with the agreement. 10 - September 2, 1980 FINANCE LID 286 Segregation Request_. A segregation request has been received from Allan D. Loucke, Attorney at Law, for the segregation of Assessment No. 5 in LID 286. The Property Manager has advised that all fees have been paid. B . JOHNSON MOVED that the segrega- tion request be approved and the City Attorney directed to prepare the necessary resolution. Mooney seconded. Motion carried. (CONSENT CALENDAR ITEM 5B) Payment of Bills. APPROVAL of payment of the bills received through September 4, 1980 after auditing by the Finance Committee at its meeting at 3: 00 o ' clock p.m. on September 15, 1980. ADJOURNMENT MASTERS MOVED that the meeting be adjourned at 9: 00 o 'clock p.m. , McCaughan seconded. Motion carried. r Marie Jense CMC City Clerk I