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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/16/1982 i Kent, Washington February 16, 1982 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, Biteman, Kelleher, B. Johnson, J. Johnson, and Moonev, City Administrator Cushing, Acting City Attorney Heavey, Planning_ Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: Administrative Assistant Webby, Fire Chief Angelo, Hearing Examiner Burke and URS represent- ative Abed. Councilperson Leahy was absent. Approximately 80 people were in attendance at the meeting. PROCLA1ATION A proclamation was read by Mayor Hogan declaring February 16, 1982 as a day of recognition of the Fournier familv, owners of the Fournier Newspapers for many years . The family, through its continued interest in the issues, has helped to direct the future of the valley cities and all citizens are encouraged to express their appreciation for the family ' s contribution to the community. CONSENT BAILEY MOVED that Consent Calendar Items A through CALENDAR J be approved. B . Johnson seconded, motion carried. Item I was removed at the request of Councilperson Kelleher . MINUTES (CONSENT CALENDAR ITEM 5A) Approval of 'Minutes. APPROVAL of the minutes of the regular Council meeting of February 1, 1982 CORRECTING the date shown on the minutes from February 2 , 1982 to February 1 , 1982 . HEALTH & (CONSENT CALENDAR ITEM 5F) SANITATION Bill of Sale - Kent Cinema Six . ACCEPTANCE of the Bill of Sale and Warranty Agreement for approximately 1099 feet of water main extension and 280 feet of sanitary sewer extension constructed in the vicinity of S.E . 256th & 104th Avenue S .E. for Kent Cinema Six, for continuous operation and maintenance and RELEASE of the cash bond after expiration of the one-year quaranty oeriod and payment of any out- standing bills against the project. (CONSENT CALENDAR ITEM 5H) Garbage Rate Ordinance. ADOPTION of Ordinance No. 2339 , establishing new garbaqe rates and repealing Ordinance No. 2332 passed February 1 , 1982 . - 1 - February 16, 1982 STREETS (CONSENT CALENDAR ITEM roovements (4th Avenue to LID 304 - Smith St. Imp 2338 Lincoln Street) . ADOPTION of Ordinance No. LID 304) providing for the co�destreetnimProvementst (on o adopted property for the Sm and REPEALING ordinance and which 3ordinance wcontaed on February 1, 1982 an incorrect legal description. (CONSENT CALENDAR ITEM 5E) ment LID 308 - S .E. 260th Street ImproveADOPTION4Of Avenue S. E. to 108th Avenue S .E. ) Resolution No. 951 declaring the City' s intent to form LID 308 and se forPublinq the pcbWorkslic eDirector for March 15, 1982 . proposed has reviewed the events leading up to ng theith pheppro- improvements and olvedan nwasmheldal eon1February 11, 1982 • perty owners in halt con- The project would include a two-lane of the crete roadway, sidewalk along storm sewer road, water main throunhout the area, system, a system with retention, an illuminating alongthe sanitary sewer system and landscaping roadway. Reith Road had been held regard- A,iteman noted that a meeting Cushin ing the cutting of trees on Reith Road and g noted that the attter2ould be discussed at the workshop of February 2 ALLEY (CONSENT CALENDAR ITEM 5C) VACATION Alley Vacation Between North CentADOPTIONNofth South of Pioneer Street. date State, g ublic hearing Resolution No. 19bu fortthe pepition filed by Scar- for March 15, for the vacation of an alley between sella and Hurt State south of Pioneer Street. N. Central and N. , Ids jl North Park Storm Drainage, were Phase I , Bids . Thirteen SSTORMro ect on February 11, b opened for this p j ecommendation of DRAINAGE 1982 . In accordance with the r the Public Works Director, PIOONEY MOVED that the North Park Storm Drainage contract be awarded to bid, plus alternate King Construction for the basic "A" in the amount °onded,l28o91Onlcarrs a ied° contin- gency. Biteman sec - 2 - February 16, 1982 EQUIPMENT 1982 Rotary Type, Three Bladed Mower. The following RENTAL BIDS bids were opened on February 4 , 1982 for the above item of equipment: Bidder Bid Amount ABC Rentals $4 , 792 .74 Turf & Toro 5, 450.87 Redmond Lawn & Tractor 5, 587. 50 Inasmuch as the low bidder did not meet bid specifi- cations , it is recommended that the second low bid of Turf & Toro Co. be accepted. B. JOHNSON SO JMOVED, J. Johnson seconded. Motion carried. 1982 Tractor Loader Backhoe. Six bids were received on February 4, 1982 as follows: Bidder Bid Amount Buck & Sons $14, 591. 63 Lakewood Lawn & Equipment 15, 202 . 61 Smith Tractor & Equipment 15, 891. 85 Redmond Lawn & Tractor 16, 816. 77 Sumner Tractor & Equipment 16, 865. 62 Auburn Lawn & Tractor 16, 917. 42 The low bid from Buck & Sons does not meet bid speci- fications and it is recommended that the second low bid of $15, 202. 61 from Lakewood Lawn Equipment be accepted . Warranty work will be performed by local John Deere dealers . MOONEY SO MOVED, B. Johnson seconded. Motion carried . RAILROAD Burlington-Northern Spur Crossing - 84th Avenue S. FRANCHISE The proposed franchise ordinance which grants to Burlington-Northern authority to construct, main- tain and operate a railroad spur track at common grade in the vicinity of 84th Avenue S. and S . 212th Street was introduced at the February 1 Council meeting . At the request of the Public works Director, MOONEY MOVED that the passage of the proposed ordi- nance be delayed for two weeks . Bailey seconded. Motion carried. SUBDIVISION Subdivision Code Amendments. On January 26 , 1982 CODE the Planning Commission held a public hearing to consider a number of proposed changes to the Sub- division Code. The Commission recommends approval of the following Subdivision Code amendments: 3 - I February 16, 1982 SUBDIVISION CODE Section 1. 4 Definitions Amend to read as follows : 2) Block. A group of lots , tracts, or parcels within well defined and fixed boundaries. (Page 2) 15) Lot. A fractional part of divided lands having fixed boundaries , being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels . (Page 3) 29) Preliminary_Plat . A neat and precise drawing of a proposed subdivision showing the general layout of streets and alleys, lots , blocks , and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a sub- division. (Page 5) 32) Short Subdivision . The division or redivision of land into four (4 ) or fewer lots , tracts parcels , sites , or divisions for the purpose of sale , lease, or transfer of ownership. (Page 5) 34) Subdivision. The division or redivision of land inter five (5) or more lots , tracts , parcels , sites , or divisions for the purpose of sale , lease , or transfer of ownership; provided that subdivisions of less than five (5) parcels may be defined as lot splits or short subdivisions. (Page 5) Section 1. 8 Exceptions Amend to read as follows : The provisions of this code do not amply to: 1) Cemeteries and burial plots while used for that purpose. 2) Divisions made by testamentary provisions, or the laws of descent. 3) A division made for the purpose of adjusting boundary lines which does not create any additional lot, tract , parcel , site , or division nor create any lot , tract, parcel , site , or division which contains insufficient area and cimension to meet minimum requirements for width and area for a building site. 4 - 1 February 16 , 1982 SUBDIVISION CODE 4) Division of land use to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation. (Page 7) SECTION II - PROCEDURES Section 2 . 2 . 8 Final Short Plat Map P.mend to read as follows : 5) Legal description of total parcel shall be shown on the final linen. Legals for each newly created lot must also be submitted to the Planning Department but do not have to be on final linen. All legal descriptions shall be metes and bounds descriptions reflecting within said descriptions ties to all subdivision lines, donation claim lines , and/or recorded plat lines . (Page 11) Section 2 . 3 . 2 Preliminary Plat Procedures Amend to read as follows : 5) Hearing Examiner Public Hearing b) The Planning Department shall give notice in the follow- ing manner: (1) Three (3) notices of the public hearing shall be posted on or adjacent to the land to be subdivided at least ten (10) days prior to the public hearing. (2) One (1) notice of the public hearing shall be given in a newspaper of general circulation within the county, and a newspaper of general circulation within the area in which property is located, at least then (10) days prior to the public hearing. (3) Notice shall be given to all property owners within a radius of three-hundred (300) feet of the exterior boundaries of the property, subject of the appli- cation. If the owner of the subject property also owns property lying adjacent to the subject pro- perty , the 300 foot radius must be taken from the exterior boundaries of this adjacent owned property. Such notice shall be sent ten (10) days prior to the public hearing. (a) The failure of any property owner to receive said notice of hearing will not invalidate the proceedings . (Page 16) 5 - February 16, 1982 SUBDIVISION CODE Section 2 . 3 . 2 Preliminary Plat Procedures (continued) Amend to read as follows : 6) Health Agency Recommendation . The health agencies respon- sible for approval of the proposed means of sewage dis- posal and water supply shall file with the City Council, prior to the Council ' s consideration of the preliminary plat, written statements as to the general adequacy of the proposed means of sewage disposal and water supply. (Applicant is responsible for submitting appropriate application forms to the Seattle-King County Health Department and for paying the health department review fee. ) (Page 16) 8) Expiration Date . Preliminary plat approval shall lapse three (3) years from the date of approval unless a final plat based on the preliminary plat , or any phase thereof, is suL)mitted within three (3 ) years from the date of preliminary plat approval . One one-year extension shall granted to an applicant who files a written request with the City Council and Planning Department at least thirty (30) days before the expiration of this three-year period, if the applicant can show that he has attempted in good faith to submit the final plat within the three-year period. In the case of a phased subdivision, final plat approval by the City Council of any phase of the preliminary plat will constitute an automatic one (1) year extension for the filing of the next phase of the subdivision. (Page 17) The public hearing was opened by Mayor Hogan. There were no comments from the audience and no correspondence has been received. MOONEY MOVED that the hearing be closed. Biteman seconded. Motion carried. B. JOHNSON MOVED that the Subdivision Code be amended in accordance with the recommendations of the Planninq Commission, Moonev seconded. Motion carried . 6 - February 16, 1982 HOUSI14G & 'Mayor Hogan reported that the Joint Policy Committee COMMUNITY had met recently with regard to the Needs requests DEVELOPMENT and that. Kent had received approval of its Housing Repair request in the amount of $58 , 108 and of the North Park Storm Drainage project in the amount of $93 , 000 . She also noted that the proposed study for the new Senior Center facility had received no funding but that this matter would be discussed further by the Parks Committee. Minor Home Repairs . Receipt was noted of a letter from Irene Bellman expressing appreciation to the City for the excellent work done by Cheryl Ann Coulter, the person in charge of minor home repairs for the Citv. FINANCE Cancellation of Stale Checks_. In accordance with discussion held at the January 28 , 1982 Finance Committee meetincl , the Finance Department has drafted a reselution for cancellation of stale dated checks (those checks that have been outstand- ing for more than one year) . It has been standard practice for the City to pass such resolutions but it has not been done for the past two years . BAILEY MOVED to adopt _Resolution No. 953 , Kelleher seconded. 'lotion carried . (CONSENT CALENDAR ITEM 5B) Approval of Bills_ . APPROVAL of payment of the bills received through February 16 , 1982 after auditing by the Finance Committee at its meeting at 4 : 00 p.m. on February 26 , 1982 . WATER (CONSENT CALENDAR ITEM 5G) South King County Water Purveyors Association. APPROVAL of Kent' s inclusion in the South King County Water Purveyors Association and participation in the study. The South King County Water Purveyors Association is a tentative organization made up of Water District 75, Water District 111, Water District 105, Water District 124, and the City of Kent. Its purpose is to develop short and long range goals and alternatives for water sources. The Association is proposing to undertake a preliminary feasibility study to identify existing sources, inventory exist- ing_ water rights, identify needs for the next 20 to 50 years , identify possible interties, and develop 7 - February 16, 1982 WATER alternatives for short and long range supply. The cost of this studv is estimated to be from $93, 000 to $110 , 000 , which cost would be shared by the Association members based on the number of water suppliers included in the program and the number of services each supplier has . It is estimated that Kent ' s share would be approximately $20, 000 . The Public Works Committee has concurred with Kent' s participation after review of the proposal . (Upon solidifyina the Association, a formal agreement would be developed per the study for which authoriza- tion would be sought for the Mayor to execute the agreement. monies required are available within the unencumbered fund balance of the water fund. ) REMOVED AT THE REQUEST OF COUNCILPERSON KELLEHER (CONSENT, CALENDAR ITEM 5I) Policy on Water Supply. Kelleher noted that he had expressed concerns over the proposed resolution covering City water policies when the matter was discussed at the last workshop and that these con- cerns had been discussed with Councilperson Bailey and City staff members. He noted that Section 2 had been added to the Resolution stating: " The administrative staff of the City be and hereby are directed to commence development for Council review of strategies for future implementation of the policy referred to in Section 1 ." He expressed concern about two interpretations: 1 . That the policy could not, according to the policy proposed in the resolution, be put into effect by the Hearing Examiner or the staff without Council approval of the imple- mentation plan and 2 . That any such implementation plan would ad- dress the issue as to who would be responsible for making the determination that the City had a water shortage. Bailey clarified that the intent of Section 2 was that these particular areas of concern would be set forth in criteria which would be brought to the Council to accept or deny in the future. BAILEY MOVED to adopt Resolution No. 952 relating to community development and adopting water policy statements , Kelleher seconded. Motion carried. - 8 - February 16, 1982 WATER Seven Oaks Plat Well (Formerly Soos Creek) Vertical Turbine Pump, meter and Control Valves . P�id open- ing on this ecruip:-ent was at 10 : 00 a .m. on February 12, 19R2 with only two bids received for the entire project . Bidder Amount _ H . D . Fowler , Tnc. $33, 996. 13 Byron Jackson Pump 54 , 743. 36* *Error in bid amount corrected by letter . Wickstr_om explained that while E. D. Fowler , Inc. was the apparent low bidder , Byron Jackson Pump Co. had discovered an error in addition, makinq their total bid $ 33 , 423 . 36 and the low bid. It was noted that the City had been notified of the error within. the 24 hour time limit allowed and that it was in fact an error in addition . Wickstrom distributed a packet to the Council containing the documents supplied by Byron Jackson Pump. He noted that the City had not notified H. D. Fowler, Inc. of the error and that the time element for awarding the bid was important so that the well could be in operation by July and he therefore would not like to have to issue a recall for this project. The City Attorney expressed no concerns over award- ing the bid to Byron Jackson Pump Co. since txie error in addition was obvious and because the com- pany had notified the City and its representatives in ample time. The City Attorney also determined that the City has the right to reject any and all bids and to waive any irregularities in the bidding procedure. She stated that there was nothing that could be considered fraudulent in this instance. It was also determined for Biteman that the bids had been opened at 10 : 00 a.m. on Friday, February 12 , 1982 . Upon Kelleher ' s question, Heavey stated that there was no possible way to change the bid after that time other than by determining that an error had been made in addition and so notifying the City, which had been done . Wickstrom noted that the error was evident in the addition of the figures on the page entitled Pump Estimate, sub- mitted by Byron Jackson. Upon questions from Bite- - 9 - February 16 , 1982 WATER man and B. Johnson, Jess Abed of URS explained that bidders have 24 hours to give notice if an error has been discovered in their bid or if they wish to withdraw their bid, and that if an error has been discovered proof must be furnished within 48 hours , all of which was done by Byron Jackson Pump Company. He noted that although the City Hall was closed on Monday, he had been notified at the URS office on Monday. Heavey confirmed that the bid statutes do not state that the bid must be awarded to the lowest bidder . B. Johnson noted that the bids were now only a few hundred dollars apart and if there was a cruestion, the award could be made to Fowler. Wickstrom determined that the bids of H. D. Fowler and Byron Jackson both met the specifi- cations , but that the Jackson equipment was of the same type being presentiv used and the Fowler pump was not. BAILEY MOVED that the Vertical Turbine Pump, Meter and Control Valves contract be awarded to Byron Jackson in accordance with the recommenda- tion of the Public Works Director, in the amount of $33 , 423 . 66. Mooney seconded . Motion carried, with Biteman voting nay. APPEAL - Toby Heaton, supported by the signatures of 71 resi- NATURAL dents of the area, has appealed the November 18 , LAND GROUP 1981 Hearing Examiner ' s decision to approve, with P.U.D. seven conditions, the application of Natural Land Group for a P.U.D. The 52 unit residential P.U.D. is proposed to be located on the west side of 94th Avenue S. at the southwest corner of 94th and 228th. The site is 10 acres and is zoned R1-7 . 2 , Single Family Resi- dential, which permits six units per net acre with a minimum lot size of 7 , 200 sq. ft. Clustering of units into groups of attached structures is per- mitted through a P.U.D. Public hearings were held by the Hearing Examiner on August 11, September 16 and November 4 . A comprehensive packet of information including verbatim transcripts of the hearings held by the Examiner was distributed for the January 18 , 1982 Council meeting . On January 18 , the Council con- tinued the hearing to this date upon the request of the appellant. The hearing will be conducted in accordance with Ordinance 2233 and Resolution 896 . - 10 - February 16, 1982 APPEAL - Mavor Hogan noted that appeals must be based upon NATURAL the following: LAND GROUP P.U.D. Any specific errors of facts found in the record Any specific procedural errors Anv omissions from the record Any errors in interpretation of the Com- prehensive Plan Anv new evidence which might not have been available at the time of the Hearing Examiner ' s hearing The Mavor noted that each person wishing to speak would be limited to five minutes . (This was later corrected to a total of 30 minutes for the appellants and a total of 30 minutes for the applicant. ) Letters from the following citizens have been re- ceived by the Council : Grace Moore, K. G. Guynn, Earl Pitts, Mary Cleary, Pearl Everson, Lynn and Roy Bollincrer , Alex and Theda Butenko, Mike and Monne Ironside, Sharon Pitts, Ray Pleueger, Mr. and Mrs. Greg Prater and Bert Temby. The public hearinq was opened and B. JOHNSON MOVED to accept the above mentioned letters for the record. J. Johnson seconded, motion carried. Mayor Hogan noted that the letters principally dealt with the issues of traffic, changing the character of the neighborhood with the introduction of apartments or condominiums , and the concern for the school children on the road . Toby Heaton, representing the appellants, stated that the appeal was based upon three contentions: 1) that the Hearinq Examiner ' s recommendation is in direct conflict with the Comprehensive Plan, 2) that 94th Avenue S . does not provide adequate access for the development, 3) that the City has not demonstrated that there is an adequate water supply for this P. U . D. nor has the city provided for protection for current users against assess- ments for a new water line. Heaton Quoted from the Comprehensive Plan, noting that the land use maT), revised in 1981 , shows this - 11 - F ebruary 1.6 , 19R2 APPEAL - area as r,:,sidentia, 'a-iricu.lturo, defined as single NATURAL family rpsident'J �, ]. , on one acre lots . Tho Ki.nr, LAND GROUP Countv plan desi(Mates the. areas north and south P.U.D. of this proposed P. ( . D. as residential/agriculture also and permits 2-3 houses per acre, or 3 . 6 units per acre for P.U.D. s . He stated that of the 10 acres in this proposal , six are in steep slopes , leaving only 4 acres for the development of 52 units . He noted that the Planning Department had estimated that only 17 to 20 single family_ residences could be built on this site. Heaton stated that the Hearing Examiner had ignored the land use policy for the area as defined in the plan. Referring to 94th Avenue S. , Heaton stated that it is a local access street for 115 residences, although it does not meet the county standards for a local access road. He stated that the width varied from 18 to 23 feet, had no shoulders, no lights , six right angle turns and a speed limit of 25 mph, and enumerated the improvements which would be required to meet the standards for a collector arterial street. He pointed out that if this road was in- side the City of Kent, it could not meet the require- ments . Improvements to upgrade the road to an arte- rial collector status would have to be undertaken by the county. He estimated that the proposed P.U.D. would increase the traffic by approximately 60% . Heaton noted that the City has had a water supply problem in the past and currently has a moratorium on supplying service to any new customers outside the city limits. He stated that this problem was not properly addressed at the hearings, nor was it resolved whether the developer would attempt to assess existing users for the new water line re- auired by the P.U. D. He noted that the decision was based on the legal zoning and the strict inter- pretation for P.U .D. rea_uirements . Heaton stated that the guidelines set up in the comprehensive plan had not been followed , that the legal definition for a collector arterial had been ignored, and that the Planning Department had recommended against the proposed P.U.D. He pointed out that condominiums in this single family residential neighborhood would change the character of the neighborhood and, depending upon the economy, condominiums could 12 - February 16, 1982 APPEAL - become rental units. Heaton noted that the proposed NATURAL development is within the city limits, but that 94th LAND GROUP Avenue S. is not and that the City of Kent is not P.U.D. taking any responsibility for the condition of the road. He stated that the development is not in the best interest of the citizens of Kent and asked that the Hearing_ Examiner ' s recommendation to approve the P.U.D. not be accepted by the Council. Ray Pleueger commented on the danger to school child- ren as pedestrians if the traffic on this inadequate road was increased . Tom Goeltz, attorney for the applicant, stated that the proposed development is a well planned project, that the services of professionals had been provided in planning, traffic engineering, landscaping and soils analysis. He noted that the Hearing Examiner ' s decision was based upon facts after three public hearings and that the applicant had agreed to the seven conditions contained in the Examiner ' s recom- mendation to approve the P.U. D. He pointed out that the development did not require a change of zoning, and that the density proposed was in conformance with the P.U.D. code. Goeltz stated that the open space and pedestrian trails required by a P.U.D. had been provided in the plan and further that such provisions were not required in residential develop- ments . He referred to the findings and conclusions of the Hearing Examiner, and noted that 70% of the site would be in open space, with 40% in natural vegetation. He stated that the implementation of the Comprehensive Plan is through the zoning code and that the Examiner had found that all requirements had been met under the P.U.D. code. Regarding traffic , Goeltz noted that 94th Avenue S. has the capacity to handle the additional traffic which the P.U.D. would generate and that King County, Kent' s Traffic Enaineer and Dave Hamlin, Traffic Engineer for the development had all agreed to this. He stated that the development of condominiums would generate less traffic than if the area was developed in single family residences and that 45 single family homes could be built on the P.U. D. site, meeting all of the code criteria . 13 - February 16, 1982 APPEAL - With regard to eater service, Goeltz stated that this NATURAL was covered in the hearings and clarified that the LAND GROUP developer would bring an 8-inch line to the site, P.U.D. which would in fact upgrade the service to the area. He noted that existing residents could, if they wished, connect to this line, but that there would be no assessments for those who now had adequate water lines . The expense of the new water line would be borne by the developer with provisions for late- comer charges . Goeltz pointed out that although the Planninq Department recommended against the P.U.D. , none of the reasons given were those objec- tions posed by Heaton. Biteman noted that he had visited the site and asked about using S. 228th for access to the P.U.D. Goeltz stated that this had been proposed , but that the qrade was too steep for emergency vehicles . Upon Bailey ' s question, Goeltz reported that some of the open space was on the slopes , but that 35% was not and this had been designated as areas for recreation, both active and passive. Bailey noted he had visited the site and asked for clarification. It was then shown on the site drawing that an area the size of two football fields had been allocated for this purpose, none of which was on the slope. On Kelleher ' s question, Goeltz opined that part of the sloped area had a grade of 2 to 80 . Jim Brinkley noted that he wished to correct the misconception that the opponents all lived outside the city limits . Earl Pitts opined that the reason that S . 228th was not considered was a matter of economy, and, that such access would be expensive. He noted that an extensive feasibility study had not been done on this proposal and that an easement for this route of access could be obtained. Ken Darby noted that 94th Avenue S . is only 18 feet wide in some places and was a hazardous walk for school children . Cliff Hill noted that the developer had estimated a peak load of approximately 180 cars , and that no one would want to live on a residential road carrying that kind of traffic . He suggested that a road could be developed with a grade that would ac.comodate emergency vehicles . Mike Kato stated that he was opposed to the project, and further that if the P. t1. D. is approved restrictions should be placed on the placing of any advertising - 14 - February 16 , 1982 APPEAL - sign. Roy Bollinger expressed concern over the NATURAL traffic�% which ��?ould flow to the north and then LAND GROUP down to Central , where there is only a blinking P.U.D. traffic light . Heaton pointed out that the Comprehensive Plan is a policy document rather than a legal document. He noted that the land use map, updated in 1981, showed Residential/AcTriculture zoning for this area and it would therefore he assumed that the City intended for it to be so zoned. The proposed development would , tii j-efore, be incompatible with the existing neighborhood . He objected to references to the "capability" of 94th Aveni_ie S . , stating that it did not meet the functional criteria for an arterial collector street. Heaton noted that City Engineer Gill had mentioned at the hearings that the City had sufficient water for this development, but that the newspapers frequently wrote of Kent' s water supply problems . Goeltz noted that the record showed that the County regarded 93r.d/94th Avenue as an arterial col-- lector street and that it had been functioning as such . Bailey asked if the street would qualify as an arterial collector if it were entirely within the Kent city limits. Wickstrom opined that it would probably be classified as a neighbor- hood collector. Upon questions from Kelleher and Bailey, Burke explained that the relevant question was whether the traffic generated by the development would overburden the existing facility and that the County designated 94th Avenue S . as an arterial collector without defining the design criteria. She noted that the evidence submitted at the hear- ing indicated that the road had the capacity to carry the additional traffic generated by the devel- oper . Upon Sharon Pitts ' auestion, it was determined that all of the Councilmembers, as well as Hearing Examiner Burke had driven on 94th Avenue S . in the vicinity of the proposed development. Kelleher asked Heaton to comment, and he stated that the definition of the word capacity is misleading and that the question was not volume, but whether the road could safely support the amount of traffic . - 15 - February 16, 1982 APPEAL - He reiterated that much of the road had onlv 30 to NATURAL 40 foot easements, it contained many right angle LAND GROUP turns and that there seemed little likelihood P.U.D. that the road could ever be upgraded to support the kind of traffic generated by this development. He pointed out that the drawings submitted by the developer were not to scale and so the various grades mentioned by the applicant were not supported by the drawings . Don Utley noted that when it snowed cars would be parked on 94th creating an additional hazard. There were no further comments and BAILEY MOVED to close the hearina . J. Johnson seconded, motion carried. Burke noted that the existing zoning allowed this type of development, and that there was no evidence at the hearing that the traffic would overburden the road . She noted that Traffic Engineer Poston had addressed this issue and that City Engineer Gill had addressed the question of water supply, all of which is contained in the transcripts of the hearings. She noted there was no evidence of soil erosion and that the proposal met all the standards and criteria for a P.U.D. Mayor Hogan noted that the city is in the same situ- ation as the county in trying to obtain funds to improve streets . Bailey concurred and noted that the Hearing Examiner ' s recommendation was correct and within the confines of the law. Upon his questions, Wickstrom noted that a " functional road" is one for which the existing design has a certain level of capacity. He stated that the city maintained that portion of the road that was within the city limits , and that the traffic signal proposed for 84th Avenue S . at S. 228th would also signalize the freeway on- ramp and that installation was expected in April . With reference to the developer ' s statement that the traffic would go north from the development, Wickstrom noted that the county roads close to the city limits were not always fully maintained. In answer to Kelleher ' s question, Wickstrom noted that the proposed P.U. D. had no frontage on the roads so the developer could not be required to participate in an LID, nor could we require the developer to improve a road which is outside the - 16 - February 16, 1982 APPEAL - cit_V limits. He determined for B. Johnson that those NATURAL residents who already had water service would not LAND GROUP have to share in the cost of the new water line to P.U.D. be installed by the developer, but there would be a late-comers charge for new residences . He noted that the present water line was inadequate. Harris determined for Kelleher that the Comprehensive Plan map was out of sequence with the Zoning Code and that the update of the zoning code would con- sider this inconsistency, with the Council having inn_ ut as to compiling goals , objectives and policies to determine how a proposed development might fit in with the general existing vicinity. Mayor Hogan noted the options of the Council were to approve, deny, modify or remand to the Hearing Examiner and that denial or modification required that the reasons be clearly stated. J. JOHNSON FOVED to deny the appeal, noting that he was sympathetic to the residents of the area but that he could find no errors in the transcript and that the Hearing Examiner ' s recommendation was correct in accordance with the P.U.D. require- ments . Mooney seconded . Bailey and Kelleher con- curred, noting that in order to find for the appel- lants, the Council would have to present certain findings of fact, and based on the record this could not be done . Biteman noted that the Council was bound to follow the law. B. Johnson concurred with the comments already made and noted further that she had read all of the testimony, but could not find that errors had been made. J. Johnson' s motion to deny the appeal carried unanimously. COUNCIL Finance & Personnel_. It was noted by B. Johnson COMMITTEES that the minutes of the Finance Committee meeting of February 12 reflected the discussion on ways to fund the hazardous material inspections . The matter of business license fees would be taken up during the budget process this year. Public AJorks . Mooney reported that the Public Works Committee would meet at 8 : 15 a.m. on February 17 . He noted that representatives of the Water Con- sortium met last week with a representative from Mr. Revelle ' s office to discuss pipeline 5. - 17 - February 16, 1982 COUNCIL Parks Committee. Bailey noted that the Parks staff COPSMITTEES would :yet up a meeting schedule for consideration of ways and means to secure funding for the senior center . Bailey noted further that Mr. F. L. Sanders of the Washington Theater Oroan Society had not addressed the Council ' s questions in his recent letter, and therefore no action would be taken. ADJOURNMENT B. JOHNSON MOVED that the meeting be adjourned at 10 : 00 o ' clock p .m . , Kelleher seconded. Motion carried . Marie JenseT?, CMC City Clerk - 18 -