HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/15/1981 Kent, Washington
June 15, 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, and McCaughan,
City Administrator Cushing, City Attorney Mirk, Planning Director
Harris and Public Works Director Wickstrom. Councilpersons Masters
and Mooney were not in attendance. Also present: City Treasurer
Drotz, City Engineer Gill, Hearing Examiner Burke, Planning Commis-
sioner Kelleher, Associate Planner Osen and URS representative Abed.
Approximately 35 people were in attendance at the meeting.
CONSENT B. JOHNSON MOVED that Consent Calendar Items A through
CALENDAR 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 June 1, 1981.
HEALTH & (CONSENT CALENDAR ITEM 5G)
SANITATION Implementation of Garbage Recycling Program. ADOPTION
of Resolution No. 930 declaring the City' s intent to
proceed with the implementation phase for a recycling
program as recommended at the June 8, 1981 workshop.
(CONSENT CALENDAR ITEM 5L)
LID 299 - Sanitary Sewer Improvements (S.E. Corner
James Street and West Valley Highway) . ACCEPTANCE
of the contract of Frank Coluccio Construction for
the construction of sanitary sewers for LID 299 in
the vicinity of the S.E. corner of James Street and
West Valley Highway as complete and RELEASE of the
retainage after receipt of the necessary releases
from the State.
WATER (CONSENT CALENDAR ITEM 5J)
Bill of Sale - Water Main Extension and Street Im-
provements - Kennebeck & Cedar Streets. ACCEPTANCE
of the Bill of Sale and Warranty Agreement for approxi-
mately 360 feet of water main extension and 360 feet
of street improvements constructed by Jim Schmitt
in the vicinity of Cedar and Kennebeck Streets for
continuous operation and maintenance and RELEASE
of the cash bond after expiration of the one-year
maintenance period and payment of any outstanding
bills against the project.
Juno .1.5, 1981.
STREETS (CONSENT CALENDAR ITEM 51)
Frager Road Bridge Approach. ACCEPTANCE of the con-
tract of M. A. Segale, Inc. as complete for the Frager
Road Bridge Approach at the S. 212th Street project
which consisted of the realignment of the intersection
of S. 212th and Frager Road, including widening and
elevating the entrance, and RELEASE of the retainage
after receipt of the necessary releases from the
State.
(CONSENT CALENDAR ITEM 5K)
42nd Avenue S. Half Street Improvements . ACCEPTANCE
of the contract of Tri-State Construction as complete
for the 42nd Avenue S. half street improvements be-
tween S. 250th and S. 253rd and RELEASE of the retain-
age after receipt of the necessary releases from the
State.
STREET (CONSENT CALENDAR ITEM 5M)
VACATION 101st Avenue S.E. Street Vacation Request. AUTHORIZING
the preparation by the City Attorney of a resolution
to be presented at the July 6, 1981 meeting setting
a public hearing date for August 3, 1981 to consider
the petition submitted by B & R Development to vacate
101st Avenue S .E. in the Massey Short Plat. The
application fee has been paid and the application
validated.
PARKS & (CONSENT CALENDAR ITEM 5D)
RECREATION Russell Road Park. ACCEPTANCE of the contract of
Cromwell Construction as complete for the construction
of the Russell Road Park Scorekeeper/Concession Stand
project as recommended by the Parks Department and ORB
and RELEASE of the retainage upon receipt of the neces-
sary State releases.
(CONSENT CALENDAR ITEM 5E)
Lake Fenwick Restoration Project. ACCEPTANCE of the
contract of T. W. Traverso Construction as complete
for the Lake Fenwick Restoration Stormwater Facilities
project as recommended by URS and the Parks Department
and RELEASE of the retainage upon receipt of the neces-
sary State releases .
ARTS (CONSENT CALENDAR ITEM 5H)
COMMISSION Washington State Arts Commission Contracts. AUTHORI-
ZATION for the Mayor to sign two contracts with the
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June 15, 1981
ARTS Washington State Arts Commission as follows:
COMMISSION
1. $4, 000 - Staff Development
2. $3, 000 - Sculpture at Kent Commons
POLICE (CONSENT CALENDAR ITEM 5C)
DEPARTMENT Washington State Jail Commission Funding. APPROVAL
of the following action in connection with the Kent
City Jail remodeling/rebuilding project in accordance
with the recommendation of Police Chief Skewes and
as discussed at the June 8, 1981 workshop:
1. Authorizing the Mayor to sign the agreement
accepting funding.
2 . Authorizing the Mayor to form two committees,
the Planning Committee and the Advisory Committee.
(The Planning Committee would be responsible for
the collection of information, report preparation,
framing preliminary recommendations and providing
resources needed for policy decisions. The Ad-
visory Group would receive the reports, take pre-
liminary recommendations under advisement and
deliberate policy matter to a consensus point. )
3. Authorizing the initiation of hiring for the posi-
tions of Project Director and Architect.
PRELIMINARY (CONSENT CALENDAR ITEM 5N)
PLATS Kent 241 Preliminary Plat (SU-81-1) . SETTING of a
public meeting date for July 6, 1981 to consider the
Kent 241 Preliminary Plat. The Hearing Examiner has
recommended approval with conditions.
Valley Center Industrial Park Preliminary Plat (SU-80-7) .
On June 1, 1881 the Council set this date for a public
meeting to accept, deny or modify the recommendation
as set forth by the Hearing Examiner on the Valley
Center Industrial Park request for approval for sub-
division of 78 acres located in the southeast corner
of S . 228th and 68th Avenue S. into 61 lots in an M-1,
Industrial Park District. The Hearing Examiner recom-
mended approval with conditions . On April 15, 1981
the Hearing Examiner held another hearing at the re-
quest of the applicant for reconsideration. The
amended conditions recommended by the Hearing Examiner
are as follows:
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June 15, 1981
PRELIMINARY 1. Sanitary sewer service shall be provided to all
PLATS lots; detailed plans shall be submitted to the
Engineering Department for review and approval.
2. The applicant shall construct a 12-inch diameter
water main on 64th Avenue South from South 228th
Street to the southern boundary of the plat. The
water main construction on South 235th Street, 66th
Place South, and South 229th Place shall loop into
(Valley Center mains on West Valley Highway and 64th Avenue South.
Industrial The minimum main size except where otherwise noted,
Park) shall be such as to meet fire flow requirements
as established by the Kent Fire Department. In
no event shall the mains be less than 8-inch in
diameter. Detailed plans shall be submitted to
the Engineering Department for review and approval.
3 . A storm drainage system shall be provided pursuant
to City regulations.
4. The applicant shall enter into a no-protest LID
covenant for the construction of the North/South
Drainage Channel and detention project. The appli-
cant shall receive credit against any such LID
assessment for any property that is acquired for
construction of the channel.
5. The applicant shall enter into a no-protest LID
covenant for construction of the East Side Green
River Watershed Project known as Soil Conservation
Service P-1 and P-2 Drainage Channel Project.
6 . Except where noted otherwise, all streets shall
be fully improved, and shall be asphalt paved
with cement concrete curb and gutter; and shall
have a minimum right-of-way of 60 feet and a
curb-to-curb width of 36 feet.
7. The applicant shall dedicate 40 feet adjacent to
the westerly boundary of the plat for purposes
of road right-of-way and shall construct one-half
of 64th Avenue South from South 228th Street to
the southerly limits of the plat to City standards.
8 . The applicant shall dedicate to the City the neces-
sary right-of-way so that the southerly half street
right-of-way width for South 228th Street shall be
40 feet as measured from the centerline of the
existing pavement.
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June 15, 1981
PRELIMINARY 9 . The south half of South 228th Street, as mea-
PLATS sured from the centerline of the existing pave-
ment, shall be improved with pavement and cement
concrete curb and gutter to a half street width
of 22 feet.
10. The proposed improvements to 64th Avenue South
and South 228th Street may be completed under
their respective LID's should such be formed.
The applicant shall execute a no-protest LID
covenant for the improvements of 64th Avenue
South and South 228th Street.
(Valley 11. No vehicular ingress or egress shall be permitted
Center In- to West Valley Highway from Lot 1 and Lots 37
dustrial Pk) through 49 inclusively. Such restriction shall
be noted on the face of the plat.
12. Dedicate to the City for street purposes 20 feet
of property parallel to and abutting West Valley
Highway such that the new half street right-of-
way is at least 50 feet as measured from its
centerline for the entire frontage of the property.
13. The applicant shall execute a no-protest LID
covenant for the improvement of West Valley High-
way with cement concrete curb and gutter, storm
drainage, sidewalks, street lighting, underground
power, and other related appurtenances.
14 . Construct a left-turn pocket in West Valley Highway
at the intersection of South 234th Street; plans
to be reviewed and approved by the Engineering
Department.
15. The centerline of South 234th Street shall coincide
with the westerly extension of the existing South
234th Street.
16. Street lighting to City standards shall be provided
on all streets including South 228th.
17. Street signs, stop signs, and lane markings shall
be furnished and installed by the applicant to
City standards .
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June 15, 1981
PRELIMINARY 18. Cement concrete sidewalks shall be installed
PLATS along the south side of South 228th Street, and
easterly side of 64th Avenue, and one side of
South 229th Place, 66th Place South, South 234th
and South 235th Streets.
19. A bicycle lane shall be provided on the south
(Valley Center side of South 228th Street, with plans to be
Industrial reviewed and approved by the Engineering Depart-
Park) ment.
20 . No access shall be permitted from a lot or group
of lots to other than a fully improved street.
BAILEY MOVED that the Valley Center Industrial Park
Preliminary Plat be approved with the amended condi-
tions as recommended by the Hearing Examiner, together
with acceptance of the Findings of Fact and Conclusions
of Law of the Hearing Examiner. B. Johnson seconded.
Motion carried.
Kent West Industrial Park Preliminary Plat (SU-80-6)
On June !—, 1981—the Council set June 55, 1981 for a
public meeting to accept, deny or modify the recommen-
dations as set forth by the Hearing Examiner on the
Kent West Industrial Park request for approval for
subdivision of 29. 4 acres located at the southwest
corner of S. 228th Street and 64th Avenue S. in an
M-1, Industrial Park District. On April 15, another
hearing was held by the Hearing Examiner at the re-
quest of the applicant for reconsideration. The
amended conditions recommended by the Hearing Examiner
(Kent West are as follows:
Industrial
Park) 1. Sanitary sewer service shall be provided to all
lots; detailed plans shall be submitted to the
Engineering Department for review and approval.
2 . The applicant shall construct a 12-inch diameter
water main in 64th Avenue S. from S. 228th Street
to the southern boundary of the plat. The minimum
size, except where noted otherwise, shall be such
to meet fire flow requirements as established by
the Kent Fire Department. In no event shall the
mains be less than 8-inch in diameter. Detailed
plans shall be submitted to the Engineering Depart-
ment for review and approval.
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June 15, 1981
PRELIMINARY 3 . A storm drainage system shall be provided pur-
PLATS suant to City regulations.
4. The applicant shall enter into a no-protest LID
covenant for the construction of the North/South
Drainage Channel and detention project. The
applicant shall receive credit against any such
LID assessment for any property that is acquired
for construction of the channel.
5. The applicant shall enter into a no-protest LID
covenant for construction of the East Side Green
River Watershed Project known as the Soil Conser-
vation Service P-1 and P-2 Drainage Channel Project.
6 . The applicant shall reserve for the City an addi-
tional 100 feet adjacent to and westerly of the
(Kent West right-of-way of 64th Avenue South for use by the
Industrial City for the proposed North/South Drainage Channel.,
Park) All Code requirements regarding permanent struct�trea,
required parking, landscaping, materials storage,
accessory uses or structures and all other appli-
cable Zoning Code development standards shall be
imposed from the westerly line of the 100-foot
drainage easement reservation area into the platz
This reservation shall become null and void upon
abandonment of the proposed drainage channel, or
three years from the date of preliminary plat
approval, whichever earlier occurs . The owner
shall be compensated for the fair market value
of the 100-foot drainage reservation area if used
for the proposed drainage channel purpose.
7 . Except where noted otherwise, all streets shall
be fully improved, and shall be asphalt paved
with cement concrete curb and gutter; and shall
have a minimum right-of-way of 60 feet and a curb-
to-curb width of 36 feet.
8. The applicant shall dedicate 40 feet adjacent to
the easterly boundary of the plat for the purposes
of road right-of-way and shall construct one-half
of 64th Avenue South to City standards from South
228th Street to the southerly limits of the plat.
9 . The applicant shall dedicate to the City the neces-
sary right-of-way so that the southerly half street
7 -
June 15, 1981
PRELIMINARY 9 . right-of-way width for South 228th Street shall
PLATS be 40 feet as measured from the centerline of
the existing pavement.
10. The south half of South 228th Street, as measured
from the centerline of the existing pavement,
shall be improved with pavement and cement con-
crete curb and gutter to a half street width of
22 feet.
11. The proposed improvements to 64th Avenue South
and South 228th Street may be completed under
their respective LID ' s should such be formed.
The applicant shall execute a no-protest LID
(Kent West covenant for the improvements of 64th Avenue South
Industrial and South 228th Street.
Park)
12. All cul-de-sacs shall have minimum radius of 65
feet with a minimum improved radius of 55 feet.
13. Street lighting to City standards shall ne provided
on all streets including South 228th.
14 . Street signs, stop signs , and lane markings shall
be furnished and installed by the applicant to
City standards .
15. Cement concrete sidewalks shall be constructed
along the south side of South 228th Street, the
westerly side of 64th Avenue South, and one side
of 61st Avenue South.
16. A bicycle lane shall be provided on the south side
of South 228th Street, with plans to be reviewed
and approved by the Engineering Department.
17 . No access shall be permitted from a lot or group
of lots to other than a fully improved street.
McCAUGHAN MOVED that the Kent West Industrial Park Pre-
liminary Plat be approved with the amended conditions
as recommended by the Hearing Examiner and acceptance
of the Findings of Fact and Conclusions of Law of the
Hearing Examiner. J. Johnson seconded. Motion carried.
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June 15, 1981
HOUSING & Revised Kent Element of King Coun y' s 1982 Plan for
COMMUNITY Community Development. A public hearing is being
DEVELOPMENT held for the purpose of giving the public an oppor-
tunity to comment or present written input on the
yearly update of Kent' s element of the King County
Three-Year Plan for Community Development. This
plan is the basis on which Housing & Community
Development Block Grant project applications are
reviewed by the City and County for funding. The
Council reviewed the existing 1981 - 1983 and the
proposed 1982 - 1985 plan at the June 8, 1981 work-
shop.
The public hearing was opened by Mayor Hogan. '.Where
were no comments and no correspondence has been re-
ceived. B. JOHNSON MOVED that the hearing be closed,
J. Johnson seconded. Motion carried.
B. JOHNSON MOVED that Resolution No. 929 be adopted,
approving the plan as presented. McCaughan seconded.
Motion carried.
FEDERAL (CONSENT CALENDAR ITEM 5F)
REVENUE Kent Valley Youth Services Contract. APPROVAL of the
SHARING contract with Kent Valley Youth Services for the
period July 1, 1981 to December 31, 1981 as discussed
at the workshop meeting of June 8, 1981.
UTILITY On May 4, 1981 this date was set to continue the public
RATES hearing to consider adoption of new water and sewer
rate ordinances . Public Works Director Wickstrom noted
that the matter had been discussed for two hours at
a workshop, at which time the Chamber of Commerce partici-
pated. He explained the difference between the original
$22 million capital improvements program and the $16
million alternate proposal. He pointed out that Water
Districts 111 and 105 both have systems development
charges for commercial accounts, but that these charges
are not related to actual water consumption. He noted
that the reduced capital improvement plan will result
in a decrease in the water rates for residential users.
Wickstrom pointed out that the proposed sewer rate ordi-
nance would provide for a reduced "life line" rate and
that the criteria for qualifying for this rate would
have to be established by the Council.
The public hearing was opened by Mayor Hogan.
9
June 15, 1981
UTILITY Suzette Cook reviewed the recommendations made by the
RATES Chamber of Commerce in their written report dated
June 5, 1981, which was discussed at the June 8 work-
shop. Paul Morford stated that if the approach was
to be that only the rich could afford new housing, that
the systems development charges be increased on new
residences to ten times that proposed, so that existing
owners would not have an increase. Doug Gessler
stated that two years ago the City had a problem
meeting water demands and that it would now appear
that the same problem exists. James Klauser of Seattle
Master Builders Association read a letter which has
been filed for the record. He objected to the pro-
posed systems development charge for new water meter
connections, stating that one of the purposes of the
Environmental Excise Tax ordinance was to provide
some of the funds needed to provide efficient water
facilities .
There were no further comments from the audience and
B. JOHNSON MOVED to close the hearing, J. Johnson
seconded. Motion carried.
McCAUGHAN MOVED for discussion on the proposed ordi-
nances, Bailey seconded. Motion carried.
It was determined that the " life line" was built into
the sewer ordinance and that the Council would have
further discussions as to the method of implementa-
tion. Upon B. Johnson ' s question, Wickstrom deter-
mined that the residential water rates would be reduced;
that large users would be paying higher rates. The
Council expressed agreement in favor of the proposed
water rate ordinance showing the reduced systems
development charges. At Bailey 's request, Wickstrom
and Cushing explained why it was not feasible to
permit deferred payments .
McCAUGHAN MOVED to ADOPT Ordinance No. 2298 providing
for new rates and charges relating to water, reflect-
ing the reduced systemsdevelopment charges AND for
the ADOPTION of Ordinance No. 2299 providing for new
sewer rates, including a "life line" rate after the
Council adopts criteria for same, AND for ADOPTION of
Ordinance No. 2300 providing for a water turn-off/on
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June 15, 1981
UTILITY charge of $25 for delinquent accounts. Hamilton
RATES seconded and the motion carried unanimously.
(The system development charges as adopted in
Ordinance No. 2298 are as follows:
$550 for each meter less than 1 inch in size
$979 for each meter 1 inch in size
$2, 200 for each meter 1 1/2 inches in size
$3, 910.50 for each meter 2 inches in size
$8, 800 for each meter 3 inches in size
$15,642 for each meter 4 inches in size
$24,442 for each meter 5 inches in size
$62, 579 for each meter 8 inches in size
$97, 779 for each meter 10 inches in size
SHORT PLAT Kirkham Short Plat (SP-81-7) . On June 2, 1981
APPEAL Mel Kleweno, representing the applicants, Robert
Clemens and Daniel Moorman, filed an appeal on
certain conditions of approval for the Kirkham
Short Plat. Harris explained that this 4 lot
short subdivision was bounded on the west by Crow
Road, on the north by the Massey Short Plat which
had been approved about two years ago, on the east
by 104th Avenue S.E. and on the south by S.E. 264th.
Harris referred to the informational packet provided
with the agenda, noting that the following conditions
listed in the May 20, 1981 minutes of the Short Sub-
division Committee were the subject of this appeal:
"A. (4) Deed to the city for street purposes,
sufficient right-of-way for cul-de-sac
turnaround for 101st Avenue S.E. Said
cul-de-sac turnaround area shall have
a minimum right-of-way radius of 55 feet.
A(6) Execute a no-protest LID Covenant for:
a. The improvement of 104th Avenue S.E. with
pavement, concrete curb and gutter, cement
concrete sidewalks, street lighting, under-
ground power, storm drainage system, and
other related appurtenances.
b. The improvement of S.E. 264th Street with
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June 15, 1981
SHORT PLAT pavement, cement concrete curb and gutter,
APPEAL cement concrete sidewalks, street lighting,
(KIRKHAM) underground power, storm drainage system
and other related appurtenances.
"C. No vehicular ingress or egress allowed to T.E.
Crow Road (100th Place S.E. )
"E. Prior to or in conjunction with obtaining a
development permit on Lot 2, improve 101st Avenue
S .E. from S.E. 260th Street to and including
that portion being within Lot 2 with pavement
(36 feet wide) , cement concrete sidewalks (one
side) , cement concrete curb and gutter, storm
drainage, street lighting, underground power,
and related appurtenances. The improvement
radius within the cul-de-sac shall be 45 feet
to face of curb. "
The public hearing was opened by Mayor Hogan.
Kleweno stated that access should be allowed to the
Crow Road (C) , making the deeding for a cul-de-sac
on 101st Avenue S.E. unnecessary. He questioned the
City's authority to limit ingress and egress without
showing that it would be a traffic hazard. He agreed
that no access should be allowed in the area that
would present a traffic hazard but objected to the
City prohibiting all access to the Crow Road. He
further pointed out that a petition to vacate 101st
Avenue S .E. in the Massey Short Plat had been filed.
Harris stated that the Crow Road is classified as
a scenic drive and the cul-de-sac would provide access
to Lot 2. He noted that in the past the City had
controlled the access to streets where there had been
a possibility of double access .
Kleweno referred to Condition A(6) , subsections (a)
and (b) , noting that he questioned whether it was
legal or proper for the City to require no-protest
LID covenants. He pointed out that the applicants
had owned the property for approximately 17 years and
that under this condition, they would be forced to sell
the property at the time any LID was initiated. He
suggested that it would make more sense to require
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June 15, 1981
SHORT PLAT such a covenant at the time of the issuance of a
APPEAL building permit when a developer was involved who
(KIRKHAM) would be turning the land into an income producing
project. Harris noted that such covenants have.
been ccnsistent and that the requirement was not
something applied only to this short plat.
Kleweno further referred to Condition E, noting
again that the Crow Road was a public street and
could provide access for Lot 2. He stated that if
101st Avenue S .E. was to be improved, the current
owner should make such improvements. It was noted
that a packet of material from Clemens & Moorman
received this afternoon has been distributed and
has been made a part of the record.
Upon questions from the Council, Mirk addressed
several legal points. He noted that the applicants '
suggestion that the LID covenant be secured later,
from the developer, could not be done, as our Public
Works Improvements ordinance exempts property which
is developed after the date of the ordinance. He
noted further that the State subdivision law allows
the requirement that provision be made for adequate
circulation within the plat. Upon further discussion
about the petition to vacate 101st Avenue S .E. , it
was determined that as an item of tonight' s Consent
Calendar, the City Attorney would be preparing a
resolution to set a public hearing on the proposed
vacation for the Council meeting of August 3.
It was noted that the proposed vacation of 101st
Avenue S.E. could greatly affect the question of
access to this plat, as discussed under conditions
A (4) and C.
Cushing noted that the staff has concluded that
101st Avenue S.E. is a legal access even though it
required improvements. Bailey noted that if 101st
Avenue S.E. was vacated, it would appear that the
Kirkham Short Plat would have to be allowed access
from the Crow Road.
BAILEY MOVED to continue the hearing to August 3, 1981,
after Mirk determined that both matters could be heard
13 -
June 15, 1981
SHORT PLAT at the same meeting. B. Johnson seconded. Motion
APPEAL carried. Mirk noted that the Kirkham Short Plat
was completed prior to the filing of the petition
(Kirkham) to vacate 101st Avenue S.E.
REZONE Urbana Equities (RZ-80-6) . The Hearing Examiner
Pro Tem conducted public hearings on the applica-
tion of Urbana Equities for a zoning reclassifica-
tion of 40 acres located east of 68th Avenue S. ,
west of the Valley Freeway, approximately 1/4 mile
north of S. 277th, from MA (Industrial Agricultural)
to M-1 (Industrial Park) . Approval was recommended
with seven conditions. At the Council meeting of
May 18, 1981 Planning Director Harris requested that
the Council hold its own public hearing on the matter.
A hearing was scheduled for the June 1, 1981 Council
meeting, at which time the hearing was continued to
this date in compliance with the City Attorney ' s recom-
mendation. A packet of material has been presented
to the Council including a transcript of- the hearings
held by the Hearing Examiner Pro Tem.
Mirk noted that the City had decided to treat the
matter as an appeal, pointing out that he had out-
(URBANA lined this in the memo presented at the June 1 meeting.
EQUITIES) Resolution 896, which establishes the procedures for
hearing appeals from the Hearing Examiner's decisions,
was then reviewed by Mirk who pointed out that in this
instance there had been no allegations of irregularities
in the procedure and that the argument, therefore, would
be based solely on the record of what took place at
the Hearing Examiner's public hearing. He noted that
the Council could remand the matter to the Examiner,
could deny or modify the Examiner 's proposal, postpone
this hearing for further staff analysis or adopt the
findings of the Examiner.
Mirk further noted that the issue had been raised that
this was not really an appeal, since no such appeal
notice had been filed within the 14-day period after
the Examiner ' s decision had been issued. He pointed
out the question as to whether the City staff or
the Planning Director is considered to be a party to
an application before the Hearing Examiner. Mirk
14 - -
June 15, 1981
REZONE stated that for this reason he had suggested in
his June l memo that the ordinance be modified to
clarify that for the purpose of hearing an appeal,
the staff is to be considered a party. He stated
that he felt the hearing would be proper since under
the ordinance, the Council had the option of holding
a hearing, and that the intent and spirit of the
ordinance would be best served by hearing the matter
as an appeal on the record, even though no official
appeal by a party had been filed.
Mayor Hogan clarified that the Hearing Examiner had
approved this rezone from MA to M-1 with seven
conditions and that the Planning staff believes the
property should remain under the existing MA zoning.
Mirk concurred, noting that specific objections have
been raised to the Findings and Conclusions of
the
Hearing Examiner. The Mayor declared the public
hearing open.
(URBANA
EQUITIES) Joel Haggard, attorney for the applicant, objected,
stating that no official appeal had been filed, that
he had filed a memo with Mirk regarding the question
as to whether the City staff is a party to the pro-
ceedings and that he had not received a transcript
of the public hearings held by the Hearing Examiner.
He also objected to the fact that the Hearing Examiner
Pro Tem who heard the rezone application was not pre-
sent. Haggard objected to Harris making a presenta-
tion to the Council, stating that this would violate
the requirement for a fair hearing. He stated that
the purpose of Harris ' s presentation would be to
object to and defeat the rezone which was found
by the Hearing Examiner to be warranted, based on
the facts brought out during the Hearing Examiner
process. Haggard suggested that if there had been
communication between the Staff and the Council
relating to the Staff' s opposition of the rezone,
the Appearance of Fairness doctrine would have been
violated. He noted that his objections were not
limited to the above.
Haggard asked that the matter be continued on the
basis that he had not received the transcript and
15 -
June 15, 1981
REZONE that the Hearing Examiner Pro Tem was not present.
Upon questions from the Council, Mirk noted that
continuing the hearing was proper if Haggard had
not received the transcript from the Hearing Examiner's
office, and further that he had not been aware until
today that Hearing Examiner Pro Tem Gathe would
not be in attendance.
(URBANA BAILEY MOVED to continue the hearing to the next
EQUITIES) Council meeting on July 6, Hamilton seconded. Haggard
stated he would be on vacation, and suggested the
August 3 Council meeting. Bailey substituted a motion
to continue the hearing to the August 3 Council meet-
ing and Hamilton concurred. The motion carried. At this
pointy Mirk gave his packet containing the Hearing
Examiner's transcript to Haggard. McCaughan noted the
two absent Council members had not been in favor of
the Council holding its own hearing on this matter
and asked if the Council wanted to consider remanding
the matter to the Hearing Examiner. He noted that he
was concerned with the traffic and drainage issues.
There was no action on his comments.
MILWAUKEE Mayor Hogan noted receipt of a letter from the Union
DEPOT Pacific Railroad offering to donate the old Milwaukee
Railroad Depot to the City, with the stipulation that
it be removed from Railroad property and the site
restored to an acceptable condition. Harris noted
that the building had historical value and suggested
that the White River Historical Society be contacted.
Finance & Personnel. J. Johnson noted that this after-
noon the Finance Committee had discussed Mooney's pro-
_ENVIRONMENTAL posal to use a certain percentage of the Environmental
EXCISE TAX Excise Tax for capital improvements projects.
COUNCIL WAGES J. Johnson noted that a proposal to increase the Council
wages would be further discussed at the next scheduled
workshop.
GOLF COURSE Upon B. Johnson 's question, Cushing noted that the
& DRIVING acquisition of the golf course had been completed on
RANGE time but that an escrow account had not been set up
for the driving range and additional interest accrued
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June 15, 1981
GOLF COURSE on the acquisition. The additional interest paid
& DRIVING to the seller was covered, however, by the money
RANGE earned through the investment of the funds. He
noted further that the Council would receive a
financial report on the golf course and the driving
range as well as the Kent Commons, which comprise
the two non-utility revenue funds.
Bailey reported that he and Cushing had met with
Mr. Moore of Golf Management, Inc. , an organization
which develops management and operation information
for municipalities on golf courses. He noted that
this firm had operated golf courses for municipali-
ties throughout Washington, Oregon and Idaho and
had offered information as to some of the problems
encountered by other cities. Bailey noted that Moore
had suggested some alternative methods to be con-
sidered for the operation of the golf course other
than with the Parks Department and he suggested that
a letter of thanks be sent to Mr. Moore.
COMMITTEES Parks Committee. Bailey reported that one of the
items discussed at the last Parks Committee meeting
was future development of parks areas in conjunction
with the Kent School District, particularly in the
area of French Field.
Public Safety. B. Johnson reported that the Committee
had met tonight prior to the Council meeting regarding
the Police Chief working with the Washington State
Patrol. The Mayor will be asked to sign a contract
allowing Skewes to work for 20 days for the Washington
State Patrol during July and August.
Ad Hoc Committee. McCaughan noted that a bus tour
scheduled for Saturday had been cancelled but would
be rescheduled by Wickstrom.
FINANCE (CONSENT CALENDAR ITEM 5B)
Approval of Bills. APPROVAL OF payment of the bills
received through June 18, 1981 after auditing by
the Finance Committee at its meeting at 3: 00 p.m.
on June 30, 1981.
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June 15, 1981
ADJOURNMENT BAILEY MOVED that the meeting be adjourned at 10: 25
o 'clock p.m. , J. Johnson seconded. Motion carried.
e z,
Marie J en, C C
City Clerk
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