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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/03/1981 Kent, Washington August 3, 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: Administrative Assistant Webby, City Engi- neer Gill, Planning Commissioners Leahy and Kelleher, URS representa- tive Abed and Hearing Examiner Pro Tem Gathe. Approximately 65 people were in attendance at the meeting. AWARD Mayor Hogan announced that the City Hall had won the Chamber of Commerce annual community award for beautification. She suggested that the award should be given to the Parks Department which is responsible for maintaining the outside of the building and land- scaping. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. B. JOHNSON MOVED that the minutes of July 20, 1981 be approved with the following addi- tion on page 1, as suggested by Mayor Hogan: "AWARD. . . particularly Barney Wilson for suggesting Mill Creek as the location of the Earthwork4, Nancy Carpenter for her efforts in preparing the NEA grant application, the Park Department secretarial staff for their work in preparing the letters soliciting funds for this project and the efforts of Carolyn Wiley and Harty Drangsholt in hosting the reception for the Earthworks and the picnic at Mill Creek. " J. Johnson seconded. Motion carried. CONSENT B. JOHNSON MOVED to approve Consent Calendar Items A CALENDAR through O, with the exception of Item I, which was removed at the request of Councilperson Bailey, McCaughan seconded. Motion carried. HEALTH & (CONSENT CALENDAR ITEM 5F) SANITATION Bill of Sale - Parkside Village Apartments - S. 252nd & Canyon Drive Utilities . ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 3, 070 feet of water main extension, 419 feet of sanitary sewer extension and 488 feet of street improvement constructed in the vicinity of Canyon Drive & S. 252nd Street for continuous operation and maintenance and - 1 - August 3, 1981 HEALTH & RELEASE of the cash bond after expiration of the SANITATION one year maintenance period and payment of any out- standing bills against the project. (CONSENT CALENDAR ITEM 5G) Bill of Sale Hill FGDJ Sanitary Sewer Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 400 feet of sanitary sewer extension constructed in the vicinity of S. 184th and East Valley Highway for continuous operation and maintenance and RELEASE of the cash bond after expiration of the one-year maintenance period and payment of any out- standing bills against the project. WATER (CONSENT CALENDAR ITEM 5E) Bill of Sale Parkside Village Apartments., Phase I, Water Main Extension S. 252nd & '97'th Avenue S. ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 504 feet of water main extension constructed in the vicinity of S. 252nd Street and 97th Avenue S. for continuous operation and mainten- ance 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 5H) LID' '302 - Rose Avenue Water Main Extension. ACCEPTANCE o the contract of Robison Construction for the Rose Avenue Water Main Extension, LID 302, project as com- plete and RELEASE of the retainage after receipt of the necessary State releases. The project consisted of constructing approximately 1950 feet of water main extension in the vicinity of Rose Avenue (79th Avenue S. ) from S. 262nd to S. 266th Street STREETS (CONSENT CALENDAR ITEM 5C) LID 2,92 104th Avenue B.E. Street Improvement. ACCEPTANCE of the contract of Tri-State Construction as complete for the LID 292 - 104th Avenue S.E. Street Improvement project and RELEASE of the retainage after receipt of the necessary State releases. •The project consisted of approximately 4200 feet of new street construction including storm drainage, sanitary sewer and water main improvements, sidewalks, illumination, signal upgrade, undergrounding and landscaping. - 2 - August 3, 1981 TRAFFIC (CONSENT CALENDAR ITEM 5J) CONTROL "No Parking ' Zones. ADOPTION of Ordinance No. 23D3 establishing certain "No Parking" zones within the City of Kent and repealing Ordinance No. 2191. (CONSENT CALENDAR ITEM 5K) Parking Zones - Physically Disabled.ADOPTION of Ordinance No. 2304 prohibiting unauthorized parking in parking places reserved for physically disabled persons. (CONSENT CALENDAR ITEM 5L) Traffic Speeds. ADOPTION of Ordinance No. 2305 amending Ordinance No. 2163 establishing traffic speed limits on certain public streets in the City of Kent. APPEAL Kirkham Short Plat Appeal (SP-81-7) . On June 15, 1981 this hearing was continued to the August 3, 1981 meeting because of its relationship to the petition to vacate a portion of 101st Avenue S.E. in the Massey Short Plat. Due to legal time con- straints, the hearing on the proposed street vacation cannot be held until the August 17 Council meeting and it is therefore recommended that this hearing be continued to the August 17 meeting also. BAILEY SO MOVED, Mooney seconded. Motion carried. CITY HALL (CONSENT CALENDAR ITEM 5D) Engineering Department ONB Remodel. ACCEPTANCE of the contract of Coleman Construction as complete for the remodel of the Engineering Department and RELEASE of the retainage after receipt of the necessary State forms. The project consisted of remodeling the old ONB building to accommodate the Engineering Department. REZONE (CONSENT CALENDAR ITEM 5M) The Shires/180 Associates Rezone (RZ-80-8) . ADOPTION of Ordinance No. 2306 approving The Shires 180 Associ- ates rezone. The application for the subject rezone was approved by the Council on February 2, 1981 with the conditions imposed by the Hearing Examiner and the City Attorney is now satisfied with the applicant' s compliance with the conditions. 3 - August 3, 1981 REZONE (CONSENT CALENDAR ITEM 5N) Arrow Development -' The Lakes Rezone _ (RZ-79-14) . ADOPTION of Ordinance No. 2307 modifying the Master Plan Conditions for The Lakes Rezone, previously approved under Ordinance No. 2215. On July 6, 1981 the Council approved the recommendations as submitted by the Hearing Examiner to modify the rezone for The Lakes. Green River Partnership Rezone. Mayor Hogan noted receipt of a letter from Gordy Guinn with reference to the Green River Partnership rezone. At Cushing's suggestion, MOONEY MOVED that the letter be accepted and referred to the August 10, 1981 workshop, Masters seconded. Motion carried. Urbana Equities Rezone (RZ-80-6) . The Hearing Examiner Pro Tem conducted public hearings on the application of Urbana Equities for a zoning reclassification of 40 acres located east of 68th Avenue S. , west of the Valley Freeway approximately 4 mile north of S. 277th from MA (Industrial Agricultural) to M-1 (Industrial Park) . Approval was recommended with seven conditio- At the Council meeting of May 18, 1981, the Council elected to hold its own hearing on the matter. A public hearing date was set for the June 1, 1981 Council meeting at which time the hearing was continued to June 15, 1981. It was determined at the June 15, 1981 meeting that the hearing would again be continued to the August 3, 1981 Council meeting. Masters asked that the Council reconsider and send this matter back to the Hearing Examiner noting that she believed that there was a possibility of an . "appearance of fairness" conflict, and SO MOVED. Mooney seconded. Masters commented that the Council had identified two issues which should be addressed within the Hearing Examiner system. Upon McCaughan's question, Mirk clarified that the Council could take a different view of the testimony given before the Hearing Examiner and reach a different conclusion and that this did not constitute a violation of the "appear- ance of fairness" . Upon Mooney's question, City Engi- neer Gary Gill noted that the pictures and text of the Valley Studies were in evidence at the Hearing Examiner's hearings. Masters ' motion FAILED, with 4 - August 3, 1981 REZONE only Mooney and Masters voting in favor. Bailey noted for the record that the Council had elected to hold its own public hearing on this matter and that this was not an appeal. Mayor Hogan noted that this was a continued public hearing and declared the hearing open. Masters declared that she would not take part in the hearing and excused herself from her chair. The Planning Department distributed the following documents with the Council packet: Applicant' s Final Brief Regarding Rezone, Prehearing Statement on Behalf of Applicant and a Testimony Outline, all of which had been filed with the Hearing Examiner. Also dis- tributed with the agenda was a four-page memo, dated July 28, 1981 entitled Staff Position. Haggard dis- tributed a packet of material expressing his concerns on the proceedings, a copy of which has been filed for the record. He stated that he would like to review the record noting that he was not waiving any claims or rights and that Mirk had concurred in this. He stated that the proposed rezone was in conformance with the City' s Comprehensive Plan, that utilities were now available, that the project would benefit the community and would not cause flooding or traffic problems. Haggard noted the Council's options as follows: 1) Reverse Gathe' s recommendations and grant M2 zoning with conditions. 2) Affirm Gathe' s recommendations and grant M1 zoning with conditions. 3) Remand to the Hearing Examiner. 4) Deny with or without prejudice. 5) Modify Gathe' s conditions. Haggard opined that the difference in revenue to the city between the M2 zoning and M1 zoning would support two additional policemen. He pointed out that only the matter of the rezone was before the Council, not the development of the site and that MA is not a "holding" zone. Haggard referred to the cost benefit study which had been done and to the traffic study - 5 - August 3, 1981 REZONE information as reported in the Hearing Examiner's transcript. He explained how the traffic analysis was conducted and noted that no EIS had been required. Regarding the flooding in the area, Haggard noted that this was estimated to occur once or twice a year and that emergency vehicles could be routed through the State Highway Department property on such occasions. He pointed out that the Comprehen- sive Plan had designated this area as Industrial Park since 1970 and that the Hearing Examiner' s recommendation was in compliance with the Comprehen- sive Plan. Harris questioned the long range benefit to the community and noted that the Hearing Examiner did not mention the flooding of the West Valley Highway in the conditions of approval. He further stated that the traffic at West Valley Highway and Meeker Street was now at top capacity, without any new development in the area. Harris noted that there was already plenty of vacant land zoned M-1 and that the Urbana property was in an isolated area, physically cut off from the rest of the city by the Green River and the Valley Freeway. City Engineer Gary Gill answered questions as to possible outlets for the preliminary drainage plan. Vivian Schutz and Mary Williams spoke against the development of an industrial park in the area. Mr. Toyoshima noted that he farmed in the area and that he had an excess of ground water ever since the State Highway Department had built their facilities in the area. Upon questions from the Council, Hear- ing Examiner Pro Tem Gathe noted that his recommend- ation for approval of M-1 zoning contained 13 condi- tions, half of which dealt with drainage and flood control. Vic Bradley expressed concern that the proposed pro- ject would require widening the West Valley Highway and the resulting costs to him as a property owner. When all who wished to speak had been heard, B. JOHNSON MOVED to close the hearing. McCaughan seconded, motion carried. Mirk was asked to review the Council 's options and he noted that the Council could approve, 6 - August 3, 1981 REZONE deny or modify the Hearing Examiner's recommendations, or could remand the matter to the Hearing Examiner. McCAUGHAN MOVED to remand the matter to the Hearing Examiner, noting especially the drainage problems. B. Johnson seconded. BAILEY MOVED to amend the motion to include having the Hearing Examiner further consider the benefits to the public. He noted that providing services would be a financial burden on the city. B. Johnson seconded the proposed amendment, and it carried unanimously. Mooney concurred with McCaughan's motion, noting that the Hearing Examiner system served to keep politics out of rezones. J. Johnson agreed that the Hearing Examiner system was good, but opined that the ultimate responsibility was with the Council and that careful consideration should be given to a proposal such as this. The motion as amended carried, with Johnson dissenting and Masters not voting on this issue. STREETS SR 516 Bridge. Receipt was noted of a copy of a letter from Senator Henry Jackson to Ron Dunlap, King County Executive, regarding the problems being encountered with the Federal Environmental Impact Statement for the new Highway 516 bridge and the U.S. Coast Guard. BAILEY MOVED that the letter be made a part of the record, B. Johnson seconded. Motion carried. ENERGY REMOVED at the request of Councilperson Bailey. CODE (CONSENT CALENDAR ITEM 5I) State Energy Code Ordinance. An ordinance has been prepared to adopt by reference the State Energy Code. The ordinance was discussed at the July 27 workshop. Councilperson Bailey expressed concerns over various sections of the ordinance and particularly with re- gard to possible extra expense to contractors in the area. BAILEY MOVED that the State Energy Code ordi- nance be discussed further at the August 10 workshop, B. Johnson seconded. Motion carried. BUSINESS Kent Area Taverns . The Mayor noted receipt of a letter LICENSES from Kent Alliance Church with regard to possible illegal activities being conducted at the Roadside Inn and other taverns in the area and requesting that they be notified of any public hearings to consider possible revocation of business licenses at these 7 - August 3, 1981 BUSINESS establishments. The Mayor has advised the church LICENSES that a public hearing on the revocation of the Roadside Inn Tavern will be held on August 17. B. JOHNSON MOVED that the letter be accepted for the record, Bailey seconded. Motion carried. PLANNING (CONSENT CALENDAR ITEM 50) COMMISSION Planning Commission Resignation. ACCEPTANCE with regret of the resignation of Harry Williams from the Planning Commission. Mayor Hogan noted that the Chamber of Commerce had submitted names of persons wishing to serve on the Planning Commission and that her recommenation would be presented at the August 10 workshop. SCS GREEN Interim Financing Green River Basin Program. Wick- RIVER EAST strom noted that at the last workshop a proposed SIDE WATER plan was presented to finance this project, with SHED PROJECT Kent, Renton, Tukwila and the County putting up a total of $3. 9 million, of which Kent's share would be $1. 7 million. It was proposed that these funds be used for interim financing of the project, to secure rights of way for Phase I and to acquire 70 acres of wetlands west of the Green River, north of S. 212th. Wickstrom noted that it is now his understanding that the Renton City Council is not willing to support this $38 million project, nor are they willing to put up interim financing funds. Renton is not in favor of including upland property owners in the costs and feels that the owners of the valley property should put the project together. His report, giving alternate financing approaches has been filed for the record. It was determined that the Renton City Council would be further discussing this matter tonight and that Kent would take no action at this meeting. He noted that in order to qualify for Federal funds the permits and rights of way must be obtained before October 1. McCaughan expressed concern over the lack of involve- ment of Drainage District No. 1 in the project and suggested that this be further explored. Mr. Young of King County noted that the technical committee would report to the Basin Executive Committee when further information was received. Mayor Hogan com- mented on the recent meeting held at the Carco Theatre in Renton and some of the negative responses to the 8 _ August 3, 1981 SCS GREEN proposed drainage project. She noted that letters RIVER EAST had been received from the Chamber of Commerce and SIDE WATER Hugh Goldsmith regarding the project this evening SHED PROJECT together with a petition containing 130 signatures against the project and that these items, together with other correspondence she had received, would be taken to the next meeting of the Basin Executive Committee. COUNCIL Finance & Personnel. Mirk explained he had made a COMMITTEES request to the Finance Committee on behalf of Mr. and Mrs. Cohen of Yelm, Washington, for the refund of BAIL REFUND bail money paid on behalf of a relative and a mix- up in the court date which resulted in forfeiture of the bail money. J. JOHNSON MOVED to refund the bail money as recommended by the City Attorney and as approved by the Finance Committee, Bailey seconded. Motion carried. POLICE Jailer Position Funding. Cushing noted that a request DEPARTMENT had been made to the Finance Committee for the con- tinued funding of one jailer position for the Police Department for the balance of 1981 in order to comply with State Jail Standards. He noted that the posi- tion had previously been funded by King County through the Detox program but that this funding had now been cancelled. He also noted that the Police budget re- quests that this be funded in 1982 and that the re- quest for funds made tonight would not cover the posi- tion for 1982, and that this would be part of the con- sideration of the 1982 Police budget. In accordance with the recommendations of the Finance Committee, B. JOHNSON MOVED to approve the funding for the jailer through 1981, J. Johnson seconded. Motion carried. Public Works Committee. Mooney reported that a tour of t e Tacoma Watershed had been made recently with John Roller, the Superintendent of the Tacoma Water Department and Ron Dunlap, King County Executive. He referred to problems which were being encountered in obtaining the necessary franchise permits. Roller had , noted that unless the project was underway in Southern King County to pipeline #5 by October, they will be forced to run another line paralell to the existing line in Pierce County. Mooney noted that this would leave Water District 105 and Water District 111 short of water and that it was hoped that the decision 9 - August 3, 1981 COUNCIL would be made prior to October. The matter will be COMMITTEES further discussed on Wednesday morning at 8 :15 a.m. at the Public Works Committee meeting. Mooney noted further that a variance to the Water Meter Ordinance No. 1176 would also be discussed. Parks Committee. Bailey reported that the Parks Committee would meet on August 12, 1981 at 8 :15 a.m. He also reported that he had attended the meetings with regard to the sculpture for the Kent Commons and the field had been narrowed to two at this time. He noted that Nancy Carpenter had advised that the final selection would be made in September. Public Safety. Bailey reported that he had attended the seminar held two days last week with the National Institute of Corrections with regard to the training of the person who is s6lected from this area to go to Colorado for further study in jail management and maintenance. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through August 4, 1981 after auditing by _ the Finance Committee at its meeting at 3 :00 p.m. on August 14 , 1981. ADJOURNMENT HAMILTON MOVED that the meeting be adjourned at 10 : 40 p.m. , McCaughan seconded. Motion carried. Cushing noted that the Council would meet briefly in closed session to discuss labor negotiations. Marie Jent n, CMC City Clerk 10 -