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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/20/1981 Kent, Washington July 20, 1981 Regular meeting of the Kent City Council was called to order at 8: 00 p.m. by Mayor Hogan. Present: Mayor Hogan, Councilpersons Bailey, B. Johnson, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Planning Director Harris, and Public Works Director Wickstrom. Councilperson Hamilton was not in attendance. Also present: Fire Chief Angelo, Hearing Examiner Burke, Administrative Assistant Webby, URS representative Abed and Parks Director Wilson. Approximately 35 people were in attendance at the meeting. AWARD The 1980 King County Aa_ts Commission annual Arts Service .Award was presented to Mayor Hogan, the City and the Ken': Arts Convuivsion. Comments were made by King County Councilman Gary Grant, County CORRECTED REFER TO Arts Commission Chairman Morton Kroll and Executive MINUTES OF 8-3 -gl Director Jerry Allen, describing the award as a direct result of Kent's successful efforts to develop a major work of environmental art in Mill Creek Canyon. Mayor Hogan noted that the Parks Department and the Kent Arts Commission had worked especially hard to ensure the success of the earth- works project. CONSENT McCAUGHAN MOVED that the Consent Calendar Items A CALENDAR through K be approved, with the exception of Items C and I which were removed at the request of Council- person Masters, B. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM `= .) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of July 6, 1981. HEALTH & (CONSENT CALENDAR ITEM 5E) SANITATION Bill of Sale - J. Kirk Anderson Sanitary Sewer Exten- sion. ACCEPTANCE of the Bill of Sale and Warranty Agreement for continuous - operation and maintenance for approximately 318 feet of sanitary sewer extension constructed in the vicinity of S.E. 222nd and 104th Avenue S.E. and RELEASE of the cash bond after expira- tion of the one year maintenance period and payment of any outstanding bills against the project. (CONSENT CALENDAR ITEM 5F) Latecomer Agreement - J. Kirk Anderson Sanitary Sewer Extension. AUTHORIZATION for the Public Works Director to execute the latecomer ' s agreement requested for the - 1 - July 20, 1981 HEALTH & J. Kirk Anderson sanitary sewer extension constructed SANITATION in the vicinity of 104th S.E. and S.E. 22nd. (CONSENT CALENDAR ITEM 5G) Latecomer Agreement - Kent Scenic Park Utility Exten- sions. AUTHORIZATION for the Public Works Director to execute the latecomer ' s agreement requested for the utility extensions constructed in Kent Scenic Park in the vicinity of 102nd S.E. and S.E. 267th Street. WATER (CONSENT CALENDAR ITEM 5H) Bill of Sale - Textured Yarn Arts Water Main Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 1020 feet of water main extension constructed in the vicinity of S. 200th and 80th Ave- nue S. for the Textured Yarn Arts pro-j.ect and RELEASE of the cash bond after expiration of the one year maintenance period and payment of any-outstanding bills against the project. (CONSENT CALENDAR ITEM 5D) Outside City Water Servcie Request - Les Thomas. APPROVAL of the request of Les Thomas, the owner of a parcel of land located in the vicinity of 104th S.E. and S.E. 270th for water service from the City due to extreme hardship. The property is presently served from a community well which is controlled by the adjoining property owner and is inadequate to service both properties . Mr. Thomas has inquired about the possibility of drilling his own well but the Seattle-King County Health Department has in- formed him that he does not have a large enough parcel. The Public Works Committee reviewed the request and recommended approval. STREET (CONSENT CALENDAR ITEM 5J) VACATION 101st Avenue S .E. Street Vacation. ADOPTION of Resolution No. 932 setting a public hearing date for August 17, 1981 to consider the request of B & R Development to vacate a portion of 101st Avenue S.E. , in the Massey Short Plat. STREETS Six Year Transportation Program. The annual public hearing for this program has been scheduled for this meeting. The proposed amendments and revisions were discussed at the workshop on July 13. 2 - July 20, 1981 STREETS The public hearing was opened by the Mayor. Wick- strom explained the nine proposed projects for 1982 which include the following: 1) Smith Street at Jason Avenue (Grading, drainage, paving, widening for left turn lanes) 2) S. 228th at N. Centr .1 Avenue New signal at S. 228th and northbound offramp SR 167. Grading, drainage, paving, widen for turn lane (Joint project with WSDOT) 3) Meeker Street, Russell Road to Washington Avenue Grading, drainage, paving, three lane widening 4) Master Signal Control Computer Central computer for signal interconnection; computer hardware, rolated communication cable installation, controller interface units 5) S.E. 240th (James Street at 102nd S.E. ) Widening, grading, drainage, paving, curb, side- walks, landscaping. (Wickstrom pointed out that this may be done through a possible LID. ) 6) Smith Street - 4th to Lincoln Widening, grading, drainage, paving, sidewalk, curbs, illumi.natic. , landscaping, undergrounding, railroad crossing, spew connection to Lincoln Avenue 7) 101st Avenue S.E. (S.E. 256th - 104th S.E. ) Grading, drainage, paving, sidewalk, curb, illumination, landscaping (LID 300) 8) N. Central Avenue (James St. to S. 224th) Widening, grading, drainage, paving, sidewalk, curb, illumination, landscaping, undergrounding. (Wickstrom stated that right-of-way acquisition would be undertaken in 1982. ) 9) East Valley Highwa= (S . 192nd to S. 180th) Widening, grading, drainage, paving, sidewalks, curb, illumination, landscaping, undergrounding, bridge (Wickstrom noted that no UAB funds would be available for this project until 1984 but that right-of-way acquisition would begin in 1982) . 3 - July 20, 1981 STREETS Masters questioned whether it was not wiser to pro- ceed with those projects for which funding was assured rather than proceeding with the right-of- way acquisition for other projects. Charles Doyle questioned whether any of the proposed projects would solve the traffic problem in the downtown core area and whether attention should be directed to an east-west route through the City to alleviate some of the traffic congestion. Upon Laurel White- hurst' s question, Wickstrom determined that sidewalks were included in all the proposed projects. There were no further comments and B. JOHNSON MOVED that the hearing be closed, McCaughan seconded. Motion carried. B. JOHNSON MOVED that Resolution No. 931 be adopted approving the Six Year Transportation Program, McCaughan seconded. Motion carried. BIDS Street Department. One bid was received on July 13, 1981 for the following equipment: One 1. 5 Yard Slip-In Sander with Auxiliary Engine Bidder Amount (Including Tax) Sahlberg Equipment Co. $4,080.03 (Amount Budgeted: $4 , 000 . 00) In accordance with the recommendations of the Street Department, MOONEY MOVED that the bid of Sahlberg Equipment Company be accepted, McCaughan seconded. Motion carried. Equipment Rental Department. The following bids were received for one 1981 Utility Tractor and Factory Side Mounted Cutterbar Mower: Bidder Amount (Including Tax) Craig Taylor Equipment $15, 788.92 Buck & Sons Tractor 16, 539. 20 Redmond Lawn & Tractor 17 ,386. 26 Auburn Lawn 19 , 532.73 (Amount Budgeted: $18, 000. 00) In accordance with the recommendation of the Equipment Rental Department, MOONEY MOVED that the best bid of Craig Taylor Equipment be accepted, McCaughan seconded. Motion carried. 4 - July 20, 1981 CITY SHOPS (CONSENT CALENDAR ITEM 5K) REMODELING APPROVAL of proceeding with the City Shops Remodel- ing Project based on the funding proposal as recom- mended by the Finance Department. The Director of Public Works noted that the original budget for re- modeling the City Shops was $30, 000 but on review of the proposed layout it now appears the total pro- ject will be more in the range of $70, 000 . It was originally proposed that $7, 500 would come from each of the four divisions (Sewer, Water, Street and Equipment Rental) and it is now proposed that the additional $40, 000 needed be funded by the same departments at $10, 000 each, In response to Masters ' questions, Wickstrom noted that the Parks Maintenance Department was not included because the area to be remodeled did not include that part of the building. Wickstrom also pointed out that Bogard had been selected as architect for the project work because he had designed the original building. HEARING (CONSENT CALENDAR ITEM 5I) EXAMINER (REMOVED AT THE REQUEST OF COUNCILPERSON MASTERS) Hearing Examiner Ordinance Amendment. An ordinance has been prepared by the City Attorney amending Ordinance No. 2233 relating to the Office of the Hearing Examiner, adding a new Section 18 thereto, making the City Administrative Staff a "person" and/or "party" for the purpose of making requests for recon- sideration or appealing decisions of the Examiner to the City Council. McCAUGHAN MOVED to adopt Ordinance No. 2302, J. Johnson seconded. Masters pointed out that she had requested that an item which the Council was debating be returned to the Hearing Examiner and she had been told that this could not be done unless her reasons for so doing were documented. She questioned why the Council was now considering this ordinance when they were in the middle of debating the issue which was, in fact to be heard by the Council on August 3 . It was pointed out by Mirk that the matter 'in question was not a hearing on an appeal made by the staff,- but that the Council had decided to hold the hearing. Bailey clarified that at the time the subject hearing was under discussion it was determined that the Hear- ing Examiner ordinance should be changed so that staff could be made a "party" and that the ordinance would prevent such a problem in the future. There were no further comments and the motion carried. 5 - July 20, 1981 Land Use Implementation Criteria. LAND USE Mayor Hogan noted that controlled im- PLAN plementation of the Land Use Plan comensurate with the City's ability to service the existing needs and those of future development was a workshop item on July 13, 1981. There was limited discussion of the issue and no apparent interest on the Council' s part in developing controlling implementation criteria. Mayor Hogan referred to her memorandum dated July 1, which was furnished to the Council for the July 13 workshop, noting that because of questions which were raised during the Green River Partnership Rezone issue regarding the adequacy of services and the transportation problems which might result, she had asked that the Council consider some criteria for implementation of the land use plan as set forth in the Valley Studies. She referred to the fact that the Council showed no indication that they would move on this action at the workshop and that this was the same action which was taken on the Phased Land Development issue, which the Council elected to table indefinitely. She pointed out that the agenda item was merely to ask the Council to take a position. McCAUGHAN MOVED that no action be taken to develop criteria for Land Use Implementai . _, Mooney seconded. Bailey noted that he had not been in attendance at the last workshop but referred to the fact that the Council shotld take some action or establish a work force to examine the position in which the City now finds itself. He referred to the fact that there are now two applications to open new lands for development and that by accepting the Green River Partnership rezone, the City had in fact decided they would allow undeveloped areas to be developed. He suggested that the problems inherent to such development would have to be faced eventually, particularly with regard to the furnish- ing of the necessary utilities. He further stated that while a total moratorium was not necessary, it is necessary to establish rules and goals covering flood control, road systems and utility services. The motion FAILED to pass with Mooney, Masters and McCaughan voting in favor and B. Johnson, Bailey and J. Johnson voting against. At Bailey' s request, it was determined that the matter could be further discussed at the work session of July 27. 6 - July 20, 1981 Land Use Implementation Criteria. LAND USE Mayor Hogan noted that controlled im- PLAN plementation of the Land Use Plan comensurate with the City's ability to service the existing needs and those of future development was a workshop item on July 13, 1981. There was limited discussion of the issue and no apparent interest on the Council' s part in developing controlling implementation criteria. Mayor Hogan referred to her memorandum dated July 1, which was furnished to the Council for the July 13 workshop, noting that because of questions which were raised during the Green River Partnership Rezone issue regarding the adequacy of services and the transportation problems which might result, she had asked that the Council consider some criteria for implementation of the land use plan as set forth in the Valley Studies. She referred to the fact that the Council showed no indication that they would move on this action at the workshop and that this was the same action which was taken on the Phased Land Development issue, which the Council elected to table indefinitely. She pointed out that the agencb item was merely to ask the Council to take a position. McCAUGHAN MOVED that no action be taken to develop criteria for Land Use Implemental Mooney seconded. Bailey noted that he had not been in attendance at the last workshop but referred to the fact that the Council should take some action or establish a work force to examine the position in which the City now finds itself. He referred to the fact that there are now two applications to open new lands for development and that by accepting the Green River Partnership rezone, the City had in fact decided they would allow undeveloped areas to be developed. He suggested that the problems inherent to such development would have to be faced eventually, particularly with regard to the furnish- ing of the necessary utilities. He further stated that while a total moratorium was not necessary, it is necessary to establish rules and goals covering flood control, road systems and utility services. The motion FAILED to pass with Mooney, Masters and McCaughan voting in favor and B. Johnson, Bailey and J. Johnson voting against. At Bailey' s request, it was determined that the matter could be further discussed at the work session of July 27. 6 - July 20, 1981 CONDITIONAL James M. Lindley (CE-81-5) . A public hearing is USE PERMIT scheduled for this meeting to consider an appeal APPEAL from the action of the Hearing Examiner denying without prejudice a request to construct two four- plex residential units in an "O" Professional and Office District located at the southwest corner of 110th Avenue S.E. and Kent-Kangley Road. The pub- lic hearing was opened by Mayor Hogan. Jack Ewing, engineer for the applicant, James M. Lindley, addressed the Council, noting that there were two items in the Hearing Examiner' s report to which he wished to take exception. He noted that the applicant had not wished to submit a short plat since they did not know the lot sizes but the short plat had been submitted and approved. He pointed out that the Examiner proposes the lots be enlarged. Ewing suggested that the short plat was only a preliminary short plat and had not been recorded with King County. He referred to page 21 of the verbatim transcript, and particularly to Mr. Wolfert' s comments that there would be no procedural difficulty to revise the lot sizes to reflect the MR-M density. Ewing suggested that neither he nor his client had received any prior notice that the landscaping plan submitted was in fact inadequate. He suggested that this plan could be changed and had in fact been changed when the final plans were submitted to the City. He sug- gested that the conditional use permit should be granted with the conditions requested, rather than denied without prejudice. Referring to the lot width size requirement, he noted that it varies in the different types of multi-family zoning. He also pointed out that the buildings were designed to have parking underneath and that this resulted in more than 45% of the lot being open space. He suggested that the lot size could be increased. Ewing also questioned what the time frame would be to resubmit, should the appeal be denied. Nadine Burke, Hearing Examiner, noted that the main item governing the time frame would be the necessary notices and that very little additional analysis and review would be required. In response to Bailey ' s question as to the difference in density in MRM and MRH zoning, Harris noted that MRM zoning allows 23 units per acre and MRH allows 40 units per acre; that the proposed development would 7 - July 20, 1981 CONDITIONAL amount to about 32 units per acre. He suggested USE PERMIT that MRM zoning has been consistently applied in APPEAL -O`type zoning as pointed out by the Hearing Examiner. Masters referred to the fact that the Hearing Examiner had stated in her Findings & Conclusions that the landscaping deficiencies were not sufficient to deny the application. Burke noted in her July 14 memo that the landscaping plan could be remedied. In response to McCaughan's question, Ewing noted that if the Hearing Examiner' s decision were upheld it would be necessary for the applicant to refile and pay the fees again. Upon his question, Harris opined that the moratorium did not apply since it had been determined previously that the application had been filed previous to the time the moratorium took effect. Mirk concurred and also clarified that there is no such thing as a preliminary short plat--that unless the short plat is filed with the County within six months, it becomes null and void. He also pointed out that it would be necessary to change the lot lines to provide for larger lots and that since the Short Plat has not been recorded, the Short Plat Committee would want to look at it again when the appropriate changes are made. MasterE questioned the fact that the applicant would have to pay the fees again since the entire process is now almost half-way completed. It was determined by Mirk that the Zoning Code provides that an application, if denied, cannot be refiled for one year but this rule does not apply to short plats. Mirk also noted that there was nothing in the Code which stated that the fee could not be waived. B. Johnson questioned whether the matter could be re- ferred back to the Hearing Examiner to allow the conditions to be set!providing the applicant with time to set the new boundary lines. Mirk noted that it was necessary for the applicant to provide more space for the MRM zoning, and that changing the lot lines must be done through the Short Plat process and he must rectify the landscaping problem. McCAUGHAN MOVED that the hearing be closed, J. Johnson seconded. Motion carried. MASTERS MOVED that the Hearing Examiner's recommendation be up- held and the conditional use permit be denied with- out prejudice, B. Johnson seconded. Masters clarified that the motion, as made, establishes the right of the applicant to pursue the matter through the Plan- - 8 - July 20, 1981 CONDITIONAL ning Department to correct the deficiencies and USE PERMIT that there would be nothing further for the Hear- APPEAL ing Examiner to decide. Mirk clarified that the conditional use request was denied by the Hearing Examiner and that the motion meant that the denial was upheld, that it was now necessary for the appli- cant to modify the lot lines. Ewing referred to the time frame and further delays and Harris clarified that a conditional use permit matter would not go back to the Council unless there is an appeal. Motion carried. COUNCIL- (CONSENT CALENDAR ITEM 5C) (REMOVED AT THE REQUEST OF COUNCILPERSON MASTERS) Council Salaries . This item concerns an ordinance drafted by the City Attorney increasing the Council salaries to $300 per month effective when the next elective term commences. McCAUGHAN MOVED to adopt Ordinance No. 2301, J. Johnson seconded. Masters noted that she would vote against the ordinance since she did not feel it was appropriate at this time. Motion carried with Masters and Mooney voting nay. COUNCIL Public Works Committee. Mooney announced that the COMMITTEES Council would be touring the Green River Watershed Site on Wednesday morning, beginning at 7 a.m. with a representative of the Tacoma Water Department and King County Executive Dunlap. RAILROAD S. 259th Crossing. Mooney reported that some pro- CROSSING blems had been encountered with the gates at the crossing at S. 259th Street during recent construc- tion in the area and suggested that Burlington- Northern be notified of the difficulties. Parks Committee 0 ony Park Driving Range. Bailey reported that the Golf Course Driving Range would be having its official opening on Monday, July 27 at 5: 30 p.m. Gene Smith commended the City on the new golf course enterprise. BUSINESS VIP Health Spa. B. Johnson reported that Chief LICENSE Skewes had requested that the Council set a public hearing on the revocation of the business license for the VIP Health Spa based on the recent police investigation and arrests at the site. She MOVED to set such a hearing for September 21, 1981. Masters seconded. Motion carried. 9 _ July 20, 1981 ANIMAL It was noted by B. Johnson that an updated animal CONTROL control ordinance would be ready for the next Council meeting. ADMINISTRATIVE Eastside Watershed Projects. Mayor Hogan referred REPORTS to a flyer entitled "Citizen Alert" being distributed to members of the community opposing the Eastside Watershed Drainage Project by the R.E.A.L. People (Rate Equity Action League) of Renton. She noted that letters would be sent by staff to property owners of the area regarding the project. She reported that she had received several form post cards as well as letters from Boeing and from Standard Equipment, which she would take along to the next Basin Executive Committee meeting. ELECTION Mayor and Council. The City Clerk announced that FILING the period for filing for office for Mayor and City Council positions would be the 27th through the 31st of July, 1981. She noted that declarations of candidacy must be filed in Seattle at the King County Administration Building and that if mailed, must be received in the Seattle office no later than 4 : 30 p.m. on July 31. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills_. APPROVAL of payment of the bills received through July 20, 1981 after auditing by the Finance Committee at its meeting at 3: 00 p.m. on July 31, 1981. ADJOURNMENT MOONEY MOVED that the meeting be adjourned at 9: 00 o'clock p.m. , B. Johnson seconded. Motion carried. Marie Jensen, CMC City Clerk - 10 -