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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/02/1981 Kent, WIshiiiyt-.on March 2, 1981. Regular meeting of tlif Kent Ci.t.�, Counci_; was called to order at 8:00 o 'clock p.m. Present: Mayor Hogan, Councilpersons Hamilton, J. Johnson, Masters, McCaughan and Mooney. City Administrator Cushing, City Attorney Mirk, Planning Director Harris and Public Works Director Wickstrom. Also present: Administrative Assistant Webby and URS representative Abed. Councilpersons B. Johnson and Bailey were absent. Approximately 40 people were in attendance at the meeting. NAROD Narod Development Corporation (Picardo Park) (PICARDO PARK) Preliminary Plat (SU-80-5) . On February 2, PRELIMINARY PLAT 1981, this public meeting was continued until March 2, 1981 for the Council to accept, deny or modify the recommendations as set forth by the Hearing Examiner on the Narod Development Corporation (Picardo Park) Preliminary Plat. The Hearing Examiner recommends that the pre- liminary plat be approved with the following conditions : 1. Lot 10 of the proposed plat shall be a minimum of 3, 600 square feet larger than the minimum lot size provided by Code. No permanent structures shall be located in the southerly 30 feet of Lot 10 which abuts Fire Station No. 76, and all building set- backs should be calculated exclusive of this area. 2. No vehicular access shall be permitted to West Valley Highway (68th Avenue S. ) or S . 212th Street from Lots 1 through 11 inclusively. 3. All streets shall be fully improved with asphalt paving and cement concrete curb and gutter, with rights-of-way and paving provided to City standards. 4. 64th Avenue S . shall be fully improved from S . 212th Street to S . 216th Street. S . 216th shall be fully improved from 64th Avenue S. to West Valley Highway (68th Avenue S . 1 5 . Cement concrete sidewalks shall be provided on the north side of S . 216th Street, the east side of 64th Avenue S. , and one side of 67th Avenue S . and S . 213th Street. 6. Street lighting shall be provided on all streets . - 1 - March 2, 1981 NAROD 7. Street name signs, stop signs, and 'lane (PICARDO PARK) markings shall be provided according to PRELIMINARY PLAT City regulations. 8. The applicant shall enter into a no agreement for the LIDS for the improvement to S . 212th Street and West Valley Highway (68th Avenue S .) for sidewalks, underground power, street lighting, storm drainage, and other related appurtenances. 9. Sanitary sewers shall be provided to all lots. Detailed plans shall be submitted to the City Engineering Department for review and approval. 10. City watlansll be shallpbevied to submittedltolthe; detailedled p City Engineering Department for review and approval. A 12-inch main shall be constructed on 64th Avenue S. from S. 216th Street to S. 212th Street. 11. Storm drainage shall be provided pursuant to the requirements of City regulations. 12. The applicant shall LlDenter theinto constructionsof agreement for an a North/South Drainage Channel. 13. The applicant shall enter into a no-protest agreement for an LID for construction of the East Side Green River Watershed Project otherwise known as the Soil Conservation Service P-1 and P-2 Drainage Channel Project. Upon Masters ' question, Wickstrom noted that S. 216th would be a full intersection. MOONEY MOVED to approve the preliminary plat with the conditions of the Hearing Examiner, as listed. Hamilton seconded, motion CARRIED. ANCOR DEVELOP- Ancor Development company, Inc. PUD #79-1 MENT Final Development Plan_. On May 7, 1979, the PUD #79-1 City Council approved the Ancor Planned Unit Development Tentative Plan with conditions and as amended. On May 5, 1980, the City Council granted a six-month extension for application for final approval. - 2 - March 2, 1981 ANCOR DEVELOP- The conditions for final approval are as follows: MENT PUD NO. 79-1 1. Deed to the City, for street purposes, 1A feet of property along and abutting S. 218th Street for the entire length of the property. 2. Deed to the City, for street purposes, a corner radius of 55 feet at the property line at the intersection of S. 218th Street and 88th Avenue S . 3. Require that formal landscaping meet the require- ments of the Planning Department and any natural vegetation that is destroyed in development of the site that is in the formal landscaping plan, be brought back to its original condition. 4. Exhibits No. 1 through No. 7, as provided by the applicant, be made a condition of approval of this application. MOONEY MOVED to approve the Ancor Planned Unit Development Final Plan, as listed. Masters seconded. Motion CARRIED. PROCLAMATION Mayor Hogan read a proclamation designating March 8-14, 1981, as Girl Scout week in Kent. CABLE TV _Merger of Teleprompter Corporation and Westinghouse MERGER Broadcasting Co. , Inc. This date has been set for the public hearing on the merger of Tele- prompter Corporation and Westinghouse Broadcast- ing Co. , Inc. Administrative Assistant Webby stated that on January 26, the City was informed that Westinghouse Broadcasting was moving to acquire control of Northwest Cablevision, a subsidiary of Teleprompter, which holds a fran- chise in Kent to provide cable TV service. He noted that Ordinance No. 2093 governs cable operations including the criteria to be met before the City Council can approve a change in ownership or control. This matter was discussed at the workshop on February 9 and a resolution approving the merger has been provided. The public hearing was opened by Mayor Hogan. Webby noted that the approval of the merger required Westinghouse to be bound by the terms and conditions of Ordinance No. 2100, granting the franchise to Northwest Cablevision as well as the terms of Ordinance No. 2093. Upon Masters ' question, he - 3 - I i i I March 2, 1981 CABLE TV noted that the statement that better service MERGER would be given was based on the greater financial resources of Westinghouse. Webby noted that Resolution 918, approving the merger, stated that written agreement was to be filed by Westing- house within 30 days of the passage of the Resolution and that this might not allow the stockholders enough time. Mirk suggested that the reference to the 30 days could be deleted. There were no further comments and MOONEY MOVED to close the public hearing. McCaughan seconded, motion CARRIED. McCAUGHAN MOVED to adopt Resolution 918, approving the merger and deleting the reference to the 30 days . Hamilton seconded, motion CARRIED. MASSAGE (CONSENT CALENDAR ITEM 5 D REMOVED AT THE REQUEST PARLOR OF MASTERS) ORDINANCE Massage Parlor Ordinance. The matter of a new ordinance regulating the operation of Massage Parlors, Health Spas and Public Bathhouses was discussed at the workshop of February 23, 1981. The City Attorney has prepared Ordinance 2277 regulating the activities of such businesses and repealing existing Ordinance 1669. Upon Masters ' questions, Mirk noted that certain items were not generally covered by a bond, such as complaints about the service or physical damage to a customer. He stated that massagists must have a state license and that the Police Chief was satisfied that the section on revocation of licenses would cover these possibilities. Mirk further determined that applicants were fully aware that the Police Department would conduct a records search before approving the applications. Mr. Thomas, President of VIP Health Spa, noted that Section 17 provided that no massage business or public bathhouse shall be kept open for any purpose between the hours of 10 p.m. and 8 a.m. He stated that other businesses, including grocery stores were open later than 10 p.m. and that a business should be able to set its own hours of operation. Mirk noted that the section was not unreasonable and if this was a "family oriented' business the hours seemed suitable. Mr. Thomas objected to the necessity of dressing 4 - March 2, 1981 MASSAGE rooms, stating that employees could use the PARLOR lavatories for changing clothing. Mirk stated ORDINANCE that the intent was to have separate dressing rooms for each sek and that he did not think it advisable to have employees' dressing rooms combined with the restrooms used by the public. Thomas objected to the requirement in Section 24 for windows in all doors to booths or rooms, stating that it was an invasion of privacy. Upon questions from McCaughan, Mirk noted he saw no problem with this provision. There were no further comments and MASTERS MOVED to adopt Ordinance 2277. Hamilton seconded, motion CARRIED. CONSENT MOONEY MOVED to approve Consent Calendar CALENDAR Items A through I, with the exception of H, which was removed by McCaughan, and D, which was removed by Masters. McCaughan seconded, motion CARRIED. HEALTH AND LID 305 - 113th Ave. S .E. Sanitary Sewer SANITATION (north of S.E. 256th) . This date has been set for a public hearing to consider the creation of LID 305 to construct sanitary sewers in the vicinity of 113th Avenue S .E. and S .E. 256th. Wickstrom described the project, noting that (LID 305) the total cost was estimated to be $83, 000, and that a six-month construction period was anticipated. He pointed out that an easement was required which could delay construction. The process of LID assessments and collection was explained and the public hearing was opened by Mayor Hogan. Shelly Dullanty of 25420 113th Avenue S.E. noted that some of the lots were large enough to be divided, in which case two homes could be served, although the assessments were to be the same as the smaller lots. Wickstrom noted that the Engineering Department had considered the actual location of the house on the property and that it appeared that there was not sufficient room for another house on these larger lots . Mrs. Dullanty stated that to be fair, the assessments should be figured on a lineal foot basis. Upon further questions, Wickstrom noted that the proposed LID was designed only to serve the property shown on the map, and that latecomers could not be connected to this LID system. i - 5 - f March 2, 1981 HEALTH AND Walter Jacobsen concurred with Mrs. Dullanty ' s SANITATION concerns and noted further that Harold Bowers who owned Lot 7, had an assessment of $1, 000 more than the amounts listed for Lots 1 through 11. It was determined that this must have been a typographical error and it was established that (LID 305) the assessments for Lots 1 through 11 were all $4, 775. 27 . A letter filed tonight from Mr. and Mrs. Dullanty was read and accepted for the record. Wickstrom noted that since this was an eight-inch sewer, it was exempt from the SEPA guidelines. There were no further comments and MOONEY MOVED to close the hearing. Hamilton seconded, motion CARRIED. McCAUGHAN MOVED for the City Attorney to be directed to prepare an ordinance to create LID 305. J. Johnson seconded, motion CARRIED. Mooney asked about the possibility of placing an additional home on the larger lots, and Wickstrom noted that the area would be surveyed. LID 287 Condemnation (94th Place Sewers) Negotiations for the necessary rights-of-way have been concluded with the exception of Parcels 4, 5 and 16. The negotiator has been unsuccess- ful in reaching agreement with the property owners of said parcels. Mirk noted that this is in the area of the Lien annexation and that only easements were needed. In accordance with the recommendation of the Public Works Director, McCAUGHAN MOVED to adopt Ordinance 2278 providing for condemnation for parcels 41 5 and 16 of LID 287 . Masters seconded, motion CARRIED. (CONSENT CALENDAR ITEM 5 G) Olympic_Estates Bill of Sale. The Engineering Department has received the bill of sale and warranty agreement for approximately 600 feet of water main extension, approximately 524 feet of sanitary sewer extension, 870 feet of street improvements and 361 feet of storm sewer improve- ments constructed for Olympic Estates in the vicinity of 116th Avenue S .E. and S .E. 256th. It is the recommendation of the engineering department that the bill of sale and warranty agreement be accepted for continuous operation and maintenance and after expiration of the one-year guaranty period and payment of any i - 6 - I March 2, 1981 outstanding bills against the project, the cash bond be released. EAST HILL (CONSENT CALENDAR ITEM 5C) MORATORIUM East Hill Moratorium. Adoption of Ordinance No. 2276 setting a 10-month moratorium on rezones, conditional use applications and annexations for the East Hill area, in accordance with action taken at the public hearing held on February 17, 1981. Exem t� ion. During the public hearing on the Eastwas Hill Moratorium on February 17, 1981, a question raised as to the filing date of Jack Ewing' s appli- cation for a conditional use permit. The matter was discussed at the February 23 workshop, and upon Mirk' s recommendation HAMILTON MOVED to exempt Ewing' s application, filed on January 19 , 1981 from the mora- torium. J. Johnson seconded. Motion carried. ROSAUER SHORT (CONSENT CALENDAR. ITEM 5F) PLAT VACATION Rosauer Short Plat Vacation. Adoption of Resolution No. 919 setting a p date of April 6, 1981 to consider the vacation of the Rosauer Short Plat. KING COUNTY (CONSENT CALENDAR ITEM 5I) SUBREGIONAL King County Subregional_ plan. Adoption of PLAN Resolution No. 925 adopting the King County Subregional Plan as a policy document as recommended by the Planning Commission. EST VALLEY STUDIES CONSENTMcCAUGHAN) NDAR ITEM 5H REMOVED AT THE REQU OF A letter dated March 2, 1981 from Joel Haggard relating to the proposed Resolutions adopting the Valley Studies was distributed to the Council and filed with the Clerk. MASTERS MOVED to accept the letter for the record. Mooney seconded, motion CARRIED. Mirk noted that the agenda material was proper, that the comprehen- sive Plan could be amended by resolution and that none of the resolutions proposed tonight deal with zoning. McCAUGHAN MOVED to adopt Resolution 920 adopting the Surface Water Management Policies for a por- tion of Kent. Hamilton seconded. Upon Mayor Hogan ' s question about No. 3 of appendix "A, " Wickstrom noted that understood couldthat an LID would not be passed unless funded. Motion CARRIED . 7 - I March 2, 1981 VALLEY STUDIES McCAUGHAN MOVED to adopt Resolution 921 adopt- ing the Transportation Study Policies for a portion of Kent. Mooney seconded and Mirk noted that in appendix "A, " Item No. 6, the word "two" should be deleted. The Council concurred, and the motion carried. Resolution 922, adopting the "Unique and "Fragile" Areas Policies and Locations within a portion of Kent was introduced. Mirk noted that the map showing L-27 had inadvertently been omitted from the attachments to the Resolution and had since been distributed. Mooney verified that maps showing L-15, L-27 and L-29 were exhibits attached to this Resolution. Masters noted that appendix "A" No. 7 a) (1) states: "Encourage property owners with property located within site L-5 to participate in the King County Agricultural Retention Program. " She noted that Kent voters had not endorsed this concept and questioned the word "encourage. " Mayor Hogan noted that this program was passed countywide by voters and that the word "encourage" was not binding. HAMILTON MOVED to adopt Resolution 922, J. John- son seconded, motion CARRIED. HAMILTON MOVED to adopt Resolution 923 adopting the designation of Russell Road and Frager Road as Scenic & Recreation Drives. McCaughan seconded, motion CARRIED. McCAUGHAN MOVED to adopt Resolution 924 endors- ing the amendments to the Comprehensive Plan, commonly referred to as Amendments to the "Valley Floor Plan. " Hamilton seconded, motion CARRIED. J. JOHNSON MOVED to approve an amendment to the Parks and Recreation Plan by adding to the plan the Green River Corridor Plan' s Master Plan for Parks and Recreation in the Corridor. Hamilton seconded. Upon McCaughan ' s question about any conflict with the Good News Bay development, Harris noted that an EIS has been written, that Barney Wilson was discussing the matter with Good News Bay and that he didn 't think there was any incon- sistency. Upon Masters ' question about Mill Creek Woods shown on page 20, Harris noted that this was in the original Green River Corridor Plan as 8 - March 2, 1981. VALLEY STUDIES submitted by Jones & Jones and that Barney Wilson was also negotiating for this . Masters asked if areas designated for acquisition as parks were locked in to designations of open space. Harris noted that Parks Director Wilson and a consortium of Parks Directors in the area were negotiating to buy the areas listed in this master plan. He pointed out that the state had granted approximately $700, 000 about two years ago for these types of acquisition, and that if negotiations were not successful for a particular site, that negotiations would com- mence for the next site described in the plan. It was further determined that if condemnation was contemplated for any site, the matter would come before the Council. Motion to adopt the amendment to the Parks and Recreation Plan CARRIED. Joel Haggard commented that the hearings on the Valley Studies before the Planning Commission and the Council had been a long process and that the public had been well served. Cushing noted that an outline would be presented at the March 23 workshop showing a program of how the standards, guidelines, etc. would be implemented by the staff. MAPLE WYLDE Maple Wylde Final Plat. on February 17, 1981 FINAL PLAT the City Council set March 2, 1981 as the date to consider the Maple Wylde Final Plat. This plat has been signed by the Public Works Director and Planning Director. To comply with the Sub- division Ordinance regulations , a meeting must now be held by the City Council and the plat should be approved, disapproved or returned to the applicant for modification or correction. The conditions of the preliminary plat approval are as follows : 1. Curb and sidewalk to be constructed on the west side of 116th Avenue S.E. 2. Construct sanitary sewers, storm drainage and water mains as per plans approved by the Engineering Department. 3 . Street name signs be provided by applicant. 4. Street lighting be provided as per plans on file with the Engineering Department. 5 . Underground wiring to be provided. 9 - t I March 2, 1981 MAPLE WYLDE 6. S . E. 229th Street to be improved with 28 FINAL PLAT feet of paving and curb and gutter. 7 . Erosion to be controlled during construction. 8. No lot access will be permitted off 116th Avenue. MASTERS MOVED to accept the Maple Wylde Final Plat with the conditions of the preliminary plat, as listed. McCaughan seconded, motion CARRIED. APPEAL (CONSENT CALENDAR ITEM 5 E) Tonelli Short Plat Appeal. Setting a public hearing date of March 16, 1981 on the appeal filed in connection with the conditions imposed by the Short Plat Committee on the Tonelli Short Plat (SP-81-1) . KENT VALLEY KVYS Contract. In accordance with discussion at YOUTH SERVICES the February 23 workshop session, McCAUGHAN MOVED that the payments to KVYS be authorized and that the contract period ru.n from January 1 to July 1, 1981, with the contract terms to be reviewed and a new contract developed for the balance of the year. Mooney seconded, motion CARRIED . PARKS AND Colony Park Golf Course Acquisition. The matter RECREATION of the acquisition of the Colony Park Golf Course was discussed at the workshop of February 23, 1981. J. JOHNSON MOVED to adopt Ordinance 2279 authorizing Councilmanic Bonds in the amount of $1, 180, 000. Masters seconded and Mirk pointed out that Section 7 on page 4 contained a place to insert the rate for interest-bearing warrants to provide interim funds until the proceeds from the bonds are received. Mirk suggested that 14% be inserted in the blank and noted that the rate would probably be less. He pointed out that Finance Director McCarthy would negotiate for the rate and that it would not exceed 14%, under the terms of the ordinance. Motion CARRIED. Driving Range. Cushing noted that acquisition of the driving range adjacent to the golf course will be discussed at the work session of March 9, along with a report on expenses and revenues expected in connection with the operation of 10 - March 2, 1981 PARKS AND both facilities. He pointed out that if the RECREATION Council favors acquiring the drivinq range, the bond ordinance passed tonight could be amended to increase the amount. He pointed out that inasmuch as Hamilton might be absent on the 16th and Mooney had indicated he would abstain from voting on this acquisition, the matter could be set for a SPECIAL MEETING on March 17, 1981. Expansion of the bond ordinance would allow both acquisitions with a single bond issue. Cushing noted that the contract for the golf course requires that the balance of $400, 000 be paid by May 29, 1981, so the bonds will have to be sold before that date. HAMILTON MOVED to set a SPECIAL MEETING of the Kent City Council for 5 : 00 p.m. on March 17, 1981, to consider acquiring the driving range and to consider expanding the bond issue. J. Johnson seconded, motion CARRIED. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of the minutes of the regular meeting of February 17, 1981. COUNCIL Public Works. Mooney reported that Wickstrom COMMITTEES would present the geologist ' s report on the water availability at a later date. The committee will meet at 8: 15 a.m. on Wednesday, March 4. FINANCE Segregation - ULID No. 1. A segregation request has been received fm m Tom B. Klock, agent for EMKAY Development Co. , Inc. , for Assessment No. 297, ULID No. 1. The segregation certificate has been signed by the applicant and all segrega- tion fees have been paid. MOONEY MOVED to approve the segregation and to instruct the City Attorney to draft the necessary resolution. McCaughan seconded, motion CARRIED. (CONSENT CALENDAR ITEM 5B) Bills. Approval of the bills received through March 3 after auditing by the Finance Committee at its meeting at 3 : 00 p.m. March 13, 1981. ADJOURNMENT MOONEY MOVED to adjourn the meeting at 9: 25 p.m. J. Johnson seconded, motion CARRIED. Marie Jens JCM_-JC(— _ City Clerk - 11 -