Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/01/1981 Kent, Washington June 1, 1981 Regular meeting of the Kent City Council was called to order at 8: 00 o'clock p.m. by Mayor Hogan. Present: Mayor Hogan, Council- persons Bailey, Hamilton, B. Johnson, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: City Treasurer Drotz, Parks Director Wilson, Acting Fire Chief Freelove and Hearing Examiner Burke. Approximately 30 people were in attendance at the meeting. CONSENT J. JOHNSON MOVED that the Consent Calendar Items A CALENDAR through G be approved, Hamilton seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular meeting of May 18, 1981. WATER LID aID-1Water Main Extension S.E. 270th Street (124th S.E. to 118th Place S.E. ) Eight bids were received on May 26, 1981 on the above project as follows: Amount (Indluding Bidder Schedule II Alternate) James A. Guess Construction $ 65, 656. 56 Experience Construction 66, 754. 57 DiOrio Construction 68, 683. 11 Archer Construction 68, 674. 95 Sheldrup Construction 72, 895. 54 Robison Construction 80, 394. 79 Smokey' s Backhoe Service 81,493 . 22 E. F. Construction 82, 078.93 All bids received were below the engineer 's estimate. In accordance with the recommendation of the Public Works Director, B. JOHNSON MOVED that the low bid of $65, 656. 56 from James A. Guess Construction be accepted for LID 303, Mooney seconded. Motion carried. Wickstrom submitted a memo, which has been filed for the record, noting that the alternate bid provided for upgrading the 6" main to an 8" main for the dead end main at 124th Avenue S.E. and S.E. 268th. He further pointed out that in accordance with the re- - 1 - June 1, 1981 WATER commendation of the State Auditor, the City would reduce its excessive inventory of water pipe by selling 2400 LF of 8" pipe to the project. PRELIMINARY (CONSENT CALENDAR ITEM 5D) PLATS Valley Center Industrial Park Preliminary Plat (SU-80-7) . SETTING of a public meeting date for June 15, 1981 to consider the Valley Center Industrial Park Preliminary Plat. The Hearing Examiner has re- commended approval with conditions. (CONSENT CALENDAR ITEM 5E) Kent-West Industrial Park Preliminary Plat (SU-80-6) . SETTING of a public meeting date for June 15, 1981 to consider the Kent-West Industrial Park Preliminary Plat. The Hearing Examiner has recommended approval with conditions. (CONSENT CALENDAR ITEM 5G) Norpac Industrial District No.l, Division No. 3 Replat (SU-80-2) . APPROVAL of the request of Burlington-Northern, Inc. for a one-year extension for filing the final plat for Norpac Industrial District No. 1, Division No. 3 Replat. The plat expires June 3, 1981 and the Subdivision Code permits the City Council to grant the extension. ALLEY Vacation of Alley south of Morton Street between S. ' VACATION Railroad Avenue and S. Bridges. On May 4, 1981 the Council adopted Resolution 928 setting this date for a public hearing on the request to vacate an alley located south of Morton Street between S. Railroad Avenue and S. Bridges. The Planning Department recommends that the alley vacation be approved with the following conditions: 1. Retain storm drainage and utility easements. 2. Require compensation for the vacation of the alley in an amount equal to one-half the appraised value of the vacated area. The public hearing was opened by the Mayor. A letter was read from Puget Power asking that a utility ease- ment be reserved for their facilities . Mirk noted that Condition No. 1 would cover this . There was no other correspondence and no further comments. - 2 - June 1, 1981 ALLEY MOONEY MOVED that the hearing be closed, Bailey VACATION seconded. Motion carried. MOONEY MOVED that the alley vacation be approved and that the ordinance be presented after the City has received the com- pensation. Hamilton seconded. Bailey questioned Condition No. 2 and Wickstrom explained that this condition had been imposed in the past although it had been overlooked a few times. He noted that it should be consistently required. Motion carried. OPEN SPACE Open Space Taxation Application. Harold A. and TAXATION Patricia L. James have applied for open space design- ation for tax purposes for 6. 13 acres located on the south side of S. 212th, 550 feet east of the Valley Freeway. On March 24 , 1981 the Planning Commission recommended approval of the application. State law specifies that applications for open space in Kent be heard by three members of the King County Council and three members of the Kent City Council sitting as a combined hearing body. B. Johnson, Masters and Mooney volunteered to represent the Council for this hearing. BAILEY MOVED to approve the three as representatives, Hamilton seconded. Motion carried. The hearing was then set for 6: 30 p.m. on June 8, 1981 in the Kent Council Chambers immediately pre- ceding the regular workshop. FIRE Surplus Equipment. Acting Fire Chief Freelove DEPARTMENT recommends that the following equipment be declared obsolete and surplus and that it be sold to the highest bidder: 1. One 1939 American LaFrance 65 foot aerial ladder mounted on a 1970 Dodge chassis. 2. One 1954 Kenworth open cab, 1250 GPM fire engine pumper. J. JOHNSON MOVED to approve his recommendation, Mooney seconded. Motion carried. PARKS & Property Acquisition. The Parks Department requests RECREATION authorization to enter into an agreement with Allan W. Miller to purchase a 12,920 square foot lot just north of the Commons Playfield for $3,000. Upon questions from the Council, Barney Wilson noted that the matter had not been to the Parks Committee and 3 - June 1, 1981 PARKS & that funds were available from unanticipated in- RECREATION come. B. JOHNSON MOVED to authorize the purchase, Hamilton seconded. Motion carried. KENT A letter has been received from the Kent Cornucopia CORNUCOPIA Committee requesting approval of park usage and DAYS closure of various streets for the annual fair to be held July 10 through 12. McCAUGHAN MOVED to approve the request, subject to staff review. J. Johnson seconded. Motion carried. B. Johnson noted that the type of material offered for sale should be more carefully monitored this year. ST. ANTHONY'S A letter has been received from the committee KENT VALLEY at St. Anthony' s requesting closure of Titus Street FESTIVAL and noting that the parish parking lot would be needed for the Festival from June 10 to June 15. Actual dates of the Festival are June 12 through June 14. McCAUGHAN MOVED to approve the request, subject to staff review. B. Johnson seconded. Motion carried. ARTS (CONSENT CALENDAR ITEM 5C) COMMISSION CONFIRMATION of the Mayor' s appointment of June Mercer to the Arts Commission replacing Sherrill McBroom. The term will expire in October, 1981. REZONE Green River Partnership Rezone (SZ-80-2) . The Green River Partnership Rezone application for a reclassification of approximately 42 acres of land located on the north side of the Kent-Des Moines Road between Russell Road and the Green River re- quests a rezone of property from RA, Residential Agricultural, and GC, General Commercial, to MRM, Medium Density Multi-Family Residential. The Hearing Examiner recommended approval on April 24, 1981 of MRG zoning with nine conditions. McCAUGHAN MOVED that the recommendation of the Hearing Examiner be approved and the City Attorney be instructed to draft the necessary ordi- nance. Mooney seconded. McCaughan stated that he was concerned about the traffic problems in the area, noting that other - rezones had been denied because of similar pro- blems . MASTERS MOVED to amend the motion to add - 4 - June 1, 1981 REZONE the provision that either the street be under construction or the contract awarded for the Kent Des Moines Road improvement before permits for this development were issued. B. Johnson seconded the proposed amendment. Mirk stated that the Council had to make specific findings to show that the conclusions of Hearing Examiner Pro Tem. Gathe were incorrect with regard to traffic. He noted that the Council could elect to hold a hearing or could remand the matter to the Hearing Examiner. MASTERS WITHDREW the motion to amend, B. Johnson withdrew the second. Harris clarified for Bailey that Russell Road had been designated a scenic route only as far as S. 228th. Hamilton noted that the traffic signal at Kent Des Moines and Russell Road proposed as a miti- gating measure might, in fact, funnel traffic through the parks area from James Street and Barney Wilson agreed. Hamilton favored remanding the matter to the Hearing Examiner. Wickstrom noted that in an effort to cut down traffic on the Russell Road, a traffic hazard would be created on the Kent Des Moines Road. He referred to Condition No. 9, noting that the state' s traffic signal war- rants had already been met prior to this proposed development. He noted that the signal at 64th Avenue S. and Kent Des Moines Road would be part of the Good News Bay development. B. Johnson stated that there should be at least three lanes on the Kent Des Moines Road before the development commences, noting that this development will generate 2800 trips per day. Upon Mooney's question, Wickstrom noted that by the end of August we should know where we stand for the grant for the Kent Des Moines Road and that the im- provement would provide for three lanes out to and past the Russell Road intersection. B. JOHNSON MOVED to table and to remand the traffic portion of this proposal to the Hearing Examiner. Mooney seconded, motion carried over McCaughan's nay. Mirk stated that the Council had not adopted policies or standards relating to development based upon street construction, noting that other proposals had been approved. Mooney pointed out that traffic problems on this street were always a prime concern. Mirk noted that 5 - June 1, 1981 REZONE an extensive traffic study had been made by the applicant, that the Hearing Examiner had to deal with the facts and that the Council had provided no direction. Masters commented that her earlier suggestion to withhold development until the street had been widened had merit. Gordy Guinn, the applicant, noted that he understood the Council 's concern, and explained that this pro- ject would be phased over approximately a five year period. He noted that there would be 400 units on this 42 acre parcel, which actually could support 1100 units. He stated that the project had been planned in compliance with the City' s studies and that the City should not now change the rules regarding traffic, thus penalizing this project. Uponliquestions ' from the Counci ., Heating Ekamminer ,N.adine Burke noted that remanding the matter to the Hearing Examiner Pro Tem would not necessarily mean another hearing. She pointed out that the Council could request specific in- formation on certain subjects and stated further that the EIS was thorough. Wickstrom clarified for Bailey that the City Engineer and Traffic Engineer concurred with approval, subject to the conditions . Upon Masters ' question, Wickstrom noted that there were no time limitations contained in the conditions as to when the development could start, except for the left turn pockets. McCaughan asked if the matter might be discussed at the next workshop to determine what information and direction the Council should be passing to the Hearing Examiner. J. JOHNSON MOVED to reconsider the prior motion, Hamilton seconded. Motion carried. J. JOHNSON MOVED to schedule the matter for the work- shop of June 8th to discuss the traffic concerns only. There was no second to the motion. Mirk advised that the appearance of fairness doctrine would be violated if the matter was discussed at a workshop. J. JOHNSON MOVED to continue the public hearing to a special meeting at 7 p.m. on June 8. It was noted that tonight's action was not a public hearing. Mooney opined that nothing was to be gained by the Council holding a hearing on this matter, _ noting that the Hearing Examiner had held a hearing in accordance with the City' s ordinances, and had 6 - June 1, 1981 REZONE made a recommendation with conditions. He pointed out that it had been established that the question of funding for the street improvements would not be resolved until August or September and that the Council should not be making changes to the Hearing Examiner process on the basis of individual applica- tions . BAILEY noted that he reluctantly concurred with Mooney and offered a substitute MOTION to accept the Hearing Examiner's recommendation with the conditions, to approve the rezone application of Green River Partnership. McCaughan seconded. Bailey noted that the Council should establish some policies as suggested by the City Attorney. J. Johnson agreed, noting that at a future workshops policies regarding traffic problems relating to rezones should be discussed. Masters and Johnson agreed that the matter should be remanded to the Hearing Examiner and that the third lane should be under construction before the development was started. Masters noted that the problems and con- cerns were identified, and that this should be suf- ficient. It was determined that specific "findings" were needed if the matter was to be remanded to the Hearing Examiner. Cushing noted that it was diffi- cult for any Council to put their concerns in the form of "findings" and suggested that the staff could be of assistance. He noted that the staff could be directed to identify the concerns and put them in the form of specific findings for the Council 's review. Bailey's motion to approve the rezone with the Hearing Examiner 's conditions carried with Masters, B. Johnson and Hamilton voting against it. The Hearing Examiner Pro Tem' s conditions are as follows: 1 . Deed to the city for street, utility , and recreational purposes 10 feet of property paralleling and abutting Russell Road for the entire frontage thereon (Kent- Des Moines Road to north property line ) . 2 . Deed to the city for street, utility, and recreational purposes 10 feet of property paralleling and abutting Kent-Des Moines Road for the entire frontage thereon. - 7 - June 1, 1981 REZONE 3 . Execute no protest LID covenants for : a ) The improvement of Kent-Des Moines Road to five lanes of asphalt concrete pavement, with cement concrete curb and gutter, cement concrete side- walk, bicycle lanes , storm drainage, street lighting, underground power and other related appurtenances . b) The improvement of Russell Road to 36 feet in width with asphalt concrete pavement, cement concrete curb and gutter, cement concrete sidewalk, bicycle lanes , storm drainage, street lighting, underground power and other related appurtenances c ) The construction of the North/South Drainage Channel and detention system as was adopted by the City Council per the Valley Studies Storm Water Management. d ) The construction of the valley drainage channels, more commonly referred to as P-1 and P-2 Drainage Channels denoted in the Soil Conservation Service Eastside Green River Watershed Project . 4 . Prior to or in conjunction with issuance of any development permit on the property, construct a left- turn pocket on Kent-Des Moines Road and a right-turn lane on Russell Road at the intersection. Submit detailed plans thereof to the Engineering Department for review and approval . 5 . The property shall be developed substantially as shown on the Illustrative Site Plan and Net , Density Map which are hereto attached except as may be modified by MRG zoning or other conditions hereto attached . 6 . The density for the entire property shall not exceed 16 units per net acre . For purposes of calculating net density that portion of the total site devoted to public streets or access , major open space areas - 8 - June 1, 1981 REZONE including the lake (retention/detention area, minimum 4 acres ) and waterways , a 50-foot wide landscape buffer along the north and south property lines and the 200-foot Green River Corridor area shall be excluded from the area on which the number of residential units is based . (See attached map titled Net Density . ) 7 . Development of the property shall be in compliance with all codes , ordinances , policies and plan as adopted by the City of Kent as derived from the Valley Studies Program . EXCEPT no residential units , parking paving , or any accessory structures may be constructed within 200 feet of the normal high-water mark of the Green River not defined or planned for parks and recreation purposes in the Green River Corridor Plan (1980 ) or subsequent plans affecting the subject site for parks and recreation. 8 . Prior to issuance of any construction permits , the City shall review development plans for each phase to insure compliance with the Illustrative Site Plan and Net Density Map. Any substantial modifications shall be reviewed by the Hearing Examiner at a public hearing . Such modifications shall include increased densities , significant relocation of major circulation routes or modification of location or character of major open spaces . 9 . Applicant shall participate in the cost of constructing a new traffic signal installation at Russell Road and Kent-Des Moines Road when signal warrants are met. No further building permits shall be issued until such time as the signal is constructed and the applicant pays a proportionate share of the cost of the signal . The financial contribution from this development shall be determined by the volume of traffic on the Russell Road approach which originates from the development, compared to the total volume on the Russell approach . Urbana Equities Rezone (RZ-80-6) . On May 18, 1981 the Council set this date to conduct a public hear- ing on the application of Urbana Equities for a rezone from MA to M-1. Staff has recommended that the hear- ing be continued to June 15, 1981 for reasons set forth by the City Attorney in his memo. McCAUGHAN MOVED that the hearing be continued to the June 15, 1981 Council meeting, J. Johnson seconded. Masters noted that she would vote against the motion as she still opposed the Council holding a hearing. Motion carried, with Masters and Mooney dissenting. -- 9 - June 1, 1981 COUNCIL Public Works Committee. Mooney noted that the COMMITTEES Public Works Committee will meet at 8:15 a.m. on Wednesday, June 3 , 1981. Parks Committee. Bailey noted that the Parks Committee will meet at 8 :15 a.m. on Wednesday, June 10, 1981. Public Safety. B. Johnson noted that the Public Safety Committee will meet on Thursday, June 4th at 4 : 00 p.m. FINANCE (CONSENT CALENDAR ITEM 5F) Banking Services. ADOPTION of Ordinance No. 2297 amending Ordinance No. 1803 clarifying the City's guidelines for banking. (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through June 4, 1981 after auditing by the Finance Committee at its meeting at 3:00 o'clock p.m. on June 15, 1981. EXECUTIVE McCaughan MOVED that the meeting be adjourned to SESSION executive session at 9: 10 p.m. for the purpose of labor negotiations. Mooney seconded, motion carried. ADJOURNMENT The meeting reconvened at 9: 50 p.m. , and Bailey MOVED to adjourn. Masters seconded. Motion carried. ......... Marie Jensen CMC City Clerk - 10 -