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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/03/1982 Kent, Washington May 3, 1982 Regular meeting of the Kent City Council was called to order at 7: 00 o'clock p.m. by Mayor Hogan. Present: Mayor Hogan, Council- persons Bailey, Biteman, B. Johnson, J. Johnson, Kelleher and Mooney, City Administrator Cushing, Acting City Attorney Heavey, Associate Planner Hansen, and Public Works Director Wickstrom. Councilperson Leahy and Planning Director Harris were not in attendance. Also present: Administrative Assistant Webby, City Treasurer Drotz and URS representative Ramsey. Approximately 20 people were in attendance at the meeting. PROCLAMATIONS National Recognition Day for Nurses. A proclamation was read by Mayor Hogan declaring May 6, 1982 as National Recognition Day for Nurses in the City of Kent. Municipal Clerks Week. Mayor Hogan proclamed the week of May 10 to 15, 1982 as Municipal Clerks Week in recognition of contribution and dedication to public service by City Clerks. LAND USE Prohibition of Issuance of Permits for the Area South of the Green River. On April 5, 1982 the Council passed Resolution 963, setting May 3, 1982 as the date for a public hearing to determine if the prohibition against applications for building permits, rezones, conditional use permits and annex- ations in an area lying south of Kent Des-Moines Road and the Green River should be extended to a time certain pending completion of Transportation and Surface Water Studies. The staff recommendation is in agreement with this extension except in that area now zoned M-2, Limited Industrial. The Mayor opened the public hearing. Biteman stated that he would like to have a cut-off date stated. Cushing noted that staff had discussed the matter and that while the studies could be completed by the end of the year, they would have to be reviewed and incor- porated into the Comprehensive Plan. He estimated that this entire process would extend about three months into 1983. Biteman noted that he favored setting a time of one year or whenever the studies are completed and initiated into the Comprehensive Plan, whichever is sooner . Gary Volchok asked for clarification as to the City 's intent. It was determined that the moratorium would - 1 - I I I i i May 3, 1982 I i LAND USE cover the area south of the river except that por- tion zoned M-2 and would include some property outside the City. He noted that approximately 43, 000 acres classified as farmlands by King County could not be taken out of that classifica- tion, and therefore could not be developed. Volchok objected to taking a year to do studies, opining that the City had already done such studies under the Valley Floor Plan and also that Urbana had made studies of the drainage plan and the traffic in the area when they sought a rezone. He suggested that the information already gained should be reviewed by the city, noting that development could take a couple of years anyway, without a mora- torium. He pointed out that this moratorium would not even allow a homeowner to add a room to his home. Upon B. Johnson' s question, Volchok stated that he was confident that the Urbana proposal for drainage would work. Upon her further questions about drain- age, Tom Barghausen, engineer for Urbana, described the drainage plan submitted by Urbaba and suggested that the Urbana property should be excluded from the moratorium so as not to further delay the pro- ject. He also opined that a time limit should be set and that the city ' s Ordinance 2130 already covers the requirement that developers control storm water. It was determined that the Urbana rezone had been approved subject to the conditions imposed by the Hearing Examiner and that the actual ordinance approving the rezone will not be presented for adoption by the Council until all of the condi- tions have been fulfilled. There were no further comments , and B. JOHNSON MOVED to close the hearing, Biteman seconded. Motion carried. Associ-ate Planner Jim Hansen noted that in addition to the completion of the transportation and surface water studies, these studies would then have to be evaluated by staff, then scheduled for public hearing before the Planning Commission and public hearing before the Council. He pointed out that the time frame, therefore, was unknown. i i - 2 - i i 'i. May 3, 1982 LAND USE Following some discussion as to the wording of a motion, BAILEY MOVED that the prohibition against application for building permits, rezones, condi- tional use permits and annexations shall continue in effect for one year or until completion of the Transportation and Surface Water studies, and the evaluation of such studies, whichever comes first, and for the area now zoned M-2 to be excluded and further that the City Attorney be instructed to draft an ordinance to this effect for passage by the Council. B. Johnson seconded. Upon Biteman' s question as to whether land now classified under the agricultural protection pro- ject could be rezoned, the City Attorney was asked to research this point for clarification. Mooney noted that the subject of the Urbana property had been introduced and pointed out that the Council had taken action to approve the rezone, in accord- ance with the recommendations of the Hearing Examiner. He asked if the Council could now place a moratorium on that property. Heavey noted that the Council had not yet rezoned the property by ordinance, and that the Urbana properties had been under the moratorium all along. It was noted that when the conditions of the rezone had been met, the Ordinance actually rezoning the property would be presented to the Council for adoption. Heavey noted that if the Council passed the ordi- nance to approve the rezone, the Urbana property would have to be exempted from the moratorium in order to be allowed to build. Cushing stated that he thought there were two questions here; one, the action on granting the rezone and the other dealing with the building permits . He opined that the in- tent of the motion at the time the Urbana Rezone was approved was that there would be a prohibition on the building permits until the studies were complete. Bailey noted that he had understood from former City Attorney Mirk that even though a property had been rezoned, the city did not have to allow certain types of buildings on that property. Bailey' s motion CARRIED with Mooney voting nay. 3 - i i May 3 , 1982 i CONSENT B. JOHNSON MOVED that Consent Calendar Items A CALENDAR through F be approved, J. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Minutes. APPROVAL of the minutes of the regular Council meeting of April 19 , 1982 . STREETS LID 296 - 72nd Avenue S. Water, Sewer, Storm Sewer and Street Improvements . Thirteen bids were received for this project on April 26 . The Director of Public Works recommends award of contract for LID 296 to Robison Construction for the bid amount of $327 ,983 . 53 for Schedules I , III , IV, and V of the proposal. MOONEY MOVED that the bid be awarded to Robison Construction in the amount of $327 ,983 . 53 as recom- mended. B. Johnson seconded. Motion carried. S. 259th Street Improvements. Seven bids were re- ceived for this project on April 26 , 1982 . The Public Works Director recommends award of the con- tract for the project to Kar-Vel Construction for the low bid of $23 , 313 . 78 . MOONEY MOVED that the bid be awarded to Kar-Vel Construction as recom- mended. B. Johnson seconded. Motion carried. LID 301 - REVISED Street, Water and Sewer Improve- ments on S . 252nd, Kent Kangley, S. 248th. On April 5, 1982 , Resolution 959 was passed, declaring the city ' s intent to revise the scope of LID 301 and setting the public hearing for this date. Wickstrom explained the changes proposed for this project, noting that parcels 8, 9, 10 and 11 had been purchased by the city for park purposes. He pointed out that the revised scope would result in a reduction in the assessments from a total of $1 , 226, 519 . 03 to $743 , 632 . 35. He described the changes proposed. The Mayor opened the public hearing. Gary Young of the Polygon Corporation, representing Kent Hillcrest Partnership read a letter relating to assessment #2, noting that the existing improvements on S. 252nd were constructed by Kent Hillcrest and asking that the record show that the Partnership would be given full credit for these improvements . Wickstrom noted that credit is included in the assessments . The letter was filed i 4 - I I i May 3, 1982 STREETS as a part of the record. Young noted that the Partnership would like to see the project done is phases, if possible, considering the economic situation and the high interest rate. Wickstrom noted for Biteman that assessments for parcel #17 had been dropped, since that property would not be improved by the LID. Jim White, representing the Assembly of God Church, assessment #1, noted that the revised assessment roll increased the assessment for the church from $5,850. 27 to $12, 525. 87 , and he submitted a letter of protest. Wickstrom explained the changes made to the project, noting that the overall area was smaller in size, the cost had increased and that the revised project is based on a square footage basis . In answer to Kelleher ' s question, he noted that not all properties would receive the same type of improvements and that the assessments were figured on benefits to each property for street improvement, Kent Kangley intersection, sanitary sewer and water. The letter of protest from the Assembly of God Church was filed for the record. Ted Don read a letter of protest regarding the amount of assessment #5. He noted that he is one of the three homeowners in the LID and that the improvements were for the benefit of those land owners who planned to develop their properties , pointing out that developers could recover the costs of the LID in increased rents for apartments. Don noted that his assessment is $10 ,000 and that the three residences were assessed to pay for improvements needed by developers. The letter was made a part of the record. Upon questions from Biteman, Wickstrom noted that the assessments covered the left turn on a square footage basis, that the sewer assessment was charged in zones and that some of the lots were in only one zone, but that some were in two zones . He also explained that the expense of side sewers to connect to the main are borne by the property owners. Charles Davis spoke on behalf of Laverta O'Leary, assessment #6 and #7, noting that the property did not need the connection to the sewer. Upon his i 5 - i I May 3, 1982 STREETS question, Wickstrom noted that a written protest could still be filed up until 30 days after pass- age of the ordinance creating the LID. Upon Mr. White 's question, Wickstrom noted that the criteria used to establish the need for a left turn facility was basically an estimate of the number of trips generated, figured on the ultimate use of the property. Bailey noted that the homeowners of lots 5, 6 , and 7 might, in the future, find that the Department of Health would require connection to a sewer. He pointed out that he was sympathetic with their protests against the project. There were no further comments and MOONEY MOVED to close the public hearing. Kelleher seconded. Motion carried. MOONEY MOVED to direct the City Attorney to prepare an ordinance changing the scope of the project, amending Ordinance No. 2_; which created LID 301. Kelleher seconded. Motion��arried. WATER (CONSENT CALENDAR ITEM 5D ZZ � (C L ) Telemetering East Hill Well. AUTHORIZATION to trans- fer funds in the amount of $8 , 010 from the unencum- bered balance of the water fund to the telemetering construction fund (Fund #4132) . (CONSENT CALENDAR ITEM 5E) LID 309 - East Hill Water Main. ADOPTION of Ordi- nance No. 2344 as prepared by Bond Counsel, creating LID 309 . The public hearing for this project was held on April 19 , 1982 . West Hill Distribution Main Improvements . The bid opening for this project was held April 30, 1982 . Fifteen bids were received with the low bid from DiOrio Construction Company in the amount of $332 , 214. 91. The Engineer' s estimate was $443 , 792. 32. MOONEY MOVED that the bid be awarded to DiOrio Con- struction in the amount of $332 ,214.91 as recommended by the Public Works Director, Biteman seconded. Motion carried . In response to questions from Biteman as to whether this service could be extended to the north because of the good bids that were received and the excess funds available, Wickstrom stated 6 - i May 3, 1982 WATER that the flow and pressure problems would be re- solved when the job was completed. Biteman noted that he would like assurance that if there was not sufficient flow and pressure the line would be extended, pointing out that this was a long standing problem. S . 212th Street Water Supply Well. Bid opening or this project was held April 30, 1982 . Five bids were received, with the low bid submitted by Armstrong Drilling in the amount of $17 , 295. 85. The Engineer ' s estimate was $19 , 667 . 70 . In accord- ance with the recommenations of the Public Works Director, MOONEY MOVED that the low bid of Armstrong Drilling in the amount of $17, 295. 85 be awarded with the work to be funded out of excess money for the Clark Springs and Mill Creek drilling and testing project. Bailey seconded. Motion carried. STREET Portion of 36th Avenue So. - Larry Smith Request. VACATION Resolution 960 , passed on April 5, 1982 , set this date for a public hearing on the application of Larry Smith for vacation of a portion of 36th Avenue S . The Planning Department recommends the applica- tion be approved with the following conditions : 1 . City of Kent to retain utility easement rights. 2. In accordance with Ordinance 2333 , the street is classified as a "Class C" street and compen- sation at one-half of the full appraised value will be required . The public hearing was opened by Mayor Hogan. There were no comments and no correspondence has been re- ceived. BAILEY MOVED that the public hearing be closed, Mooney seconded. Motion carried. MOONEY MOVED that the proposed vacation be approved in accordance with the Planning Department' s recommend- ation and that the City Attorney be authorized to draft the ordinance. Kelleher seconded. Motion carried . COMPREHEN- Kent Highlands Comprehensive Plan Amendment. At SIVE PLAN the April 19 , 1982 meeting the Council passed a motion to instruct the City Attorney to draft a i i 7 - May 3, 1982 COMPREHEN- Resolution upholding the Planning Commission ' s SIVE PLAN recommenation to deny Kent Highlands ' application for an amendment to the Comprehensive Plan. The City Attorney has since determined that a resolu- tion is not required. B. JOHNSON MOVED that the Council upholds the recommenation of the Planning Commission to deny the Kent Highlands application to amend the Comprehensive Plan. Kelleher seconded. Motion carried. FIRE (CONSENT CALENDAR ITEM 5C) DEPARTMENT Fire Protection Agreement with State. AUTHORIZATION for the Mayor to sign an agreement with the State under which the City will be reimbursed for supply- ing fire protection for State owned facilities with- in the City limits . The City has been providing this service and the State has now appropriated funds to offset the City 's costs. CIVIL (CONSENT CALENDAR ITEM 5F) SERVICE Reappointment. CONFIRMATION of the Mayor 's reappoint- COMMISSION ment of T. Richard Reid to the Civil Service Commis- sion for a 6-year term expiring 4/88 . EAST HILL A public meeting to consider the East Hill Plan PLAN was scheduled for this Council meeting. However, the plan is still being heard by the Planning Com- mission. Their next public hearing date is May 11, 1982 . The Planning Director recommends that the Council Public Meeting to consider the recommenda- tions of the Planning Commission be continued to June 7, 1982 , and that the Council schedule a special workshop for the East Hill Plan during the week of May 24-28 . KELLEHER MOVED that the East Hill Plan Public Meeting be continued to June 7 , 1982 and that a special workshop be set for May 26th from 3 to 6 p.m. Mooney seconded. Motion carried. COUNCIL Public Works Committee. Mooney reported that the COMMITTEES Public Works Committee would meet at 8 : 15 a.m. on Wednesdav, May 5 in the Engineering Department Con- ference Room. Parks Committee. Bailey noted that the Parks Com- mittee would meet at 3 : 00 p.m. on May 19 at which 8 - May 3, 1982 COUNCIL time the matter of the Senior Center would be COMMITTEES discussed. He also suggested that those Council members who had not done so should tour the Golf Course and commented on the excellent facilities that were available. B. Johnson requested that Cushing provide the Council with information as to the number of maintenance hours being spent by City personnel on this facility as compared to other Parks properties. FINANCE (CONSENT CALENDAR ITEM 5B) Payment of Bills . APPROVAL of payment of the bills received through May 4 , 1982 after auditing by the Finance Committee at its meeting of May 14 , 1982 at 4 : 00 p.m. Interest Bearing Warrants - LID 305 (113th Avenue S.E. Sewers north of S. E. 256th) . Bond Counsel has prepared an ordinance to accept the offer of Peoples National Bank to hold interest bearing warrants for this project at a rate of 9 .90% (60% of prime) . The rate will be adjusted quarterly. BAILEY MOVED to adopt Ordinance No. 2345 accepting the above offer from Peoples National Bank, B. Johnson seconded. Motion carried. ADJOURNMENT BAILEY MOVED that the meeting be adjourned at 8 :40 p.m. , Mooney seconded . Motion carried. Marie Jean, CMC City Clerk 9 -