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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/21/1982 Kent, Washington June 21, 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, B. Johnson, J. Johnson, Kelleher, Leahy and Mooney, City Administrator Cushing, Acting City Attorney Heavey, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Councilperson Biteman was not in attendance. Also present: Administrative Assistant Webby, City Treasurer Drotz, Fire Chief Angelo, Associate Planner Jim Hansen, and URS representa- tive Ramsey. Approximately 40 people were in attendance at the meeting. CONSENT KELLEHER MOVED to approve Consent Calendar Items CALENDAR A through L, with the exception of Item J, the One Quarter Percent Real Estate Transfer Tax, which he requested be removed. Mooney seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Minutes. APPROVAL of the minutes of the regular Council meeting of June 7, 1982, with the following addition: "Consent Calendar Item 5F ( inadvertently omitted from June 7, 1982 Council Minutes) : "North Park Storm Drainage, Phase I" . ACCEPTANCE as complete of the contract with King Construction for the North Park Storm Drainage Phase I (N. 3rd Avenue and N. 2nd Avenue between W. Cloudy and James Street) and AUTHORIZATION to release the retainage upon receipt of the necessary releases from the State. " WATER (CONSENT CALENDAR ITEM 5C) Bill of Sale - Watermain Extension (92nd Avenue S . to 94th Avenue S. on Hilltop Avenue. ) ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance and release of cash bond after expiration of the one year guaranty period for approximately 1 , 070 feet of water main extension. - 1 - June 21, 1982 WATER (CONSENT CALENDAR ITEM 5E) R_anney Well Site Permit. AUTHORIZATION for Public Works Director to execute King County permit to drill a test well at the Ranney Well Site. (CONSENT CALENDAR ITEM 5F) Water Service (Bible Holiness Church) . APPROVAL of the request from the Bible Holiness Church at Kent Kangley and 116th Avenue S.E. to service the church building from the same water meter as is serving the current residence; subject to the appropriate systems development charge, as recom- mended by the Public Works Committee. (CONSENT CALENDAR ITEM 5G) Auburn Well Study. APPROVAL for establishment of a fund in the amount of $2000 from the unencumbered water funds to pay for the Auburn Well Study. (CONSENT CALENDAR ITEM 5H) Consortium Water Supply Well Drilling. ACCEPTANCE as complete of the contract with Armstrong Drilling , Inc. for drilling and testing of the three wells included in Schedule A and release of the retainage upon receipt of the necessary releases from the State. DRAINAGE (CONSENT CALENDAR ITEM 5D) SCS Project (Green River Watershed Project) . ADOPTION of the Public Works Director ' s memo as the official City position on the Green River Watershed Project (SCS) . 2 June 21, 1982 FIRE (CONSENT CALENDAR ITEM 5I) DEPARTMENT Hazardous Materials Emergency Incident Command. Designation of the Kent Fire Department as the command agency for hazardous materials incidents . The matter was discussed at the workshop of JunE. 14 , 1982 . PARKS & (CONSENT CALENDAR ITEM 5K) RECREATION Property Donation. ACCEPTANCE of the donation of . 7346 acres of property by the Church of Latter- Day Saints. The Church of Jesus Christ of Latter- Day Saints has offered to donate . 7346 acres of property located along the west bank of Green River at the 212th Bridge crossing. The Parks Department recommends appropriate action to accept the property by quit claim deed. EAST HILL East Hill Plan and Environmental Impact Statement, PLAN AND On May 11, 1982, the Planning Commission completed EIS the review of the East Hill Plan and recommended approval. The Plan was reviewed by the City Council on a workshop/tour on May 26, 1982. A public hearing was scheduled for June 7 , 1982 and continued to the June 21st Council meeting to allow further discussion at the workshop on June 14 . Jim Hansen and Sally Chafe of the Planning Staff gave background information and showed slides of various buffer treatments for arterial streets . The public hearing was opened by Mayor Hogan. Receipt of the following letters were acknowledged by the Council and filed as part of the record: 1 . Letter from Thomas Barqhausen, Consulting Engi- neer representing Mr. and Mrs . R. Smith dated June 6 , 1982 . 2. Letter from John and Helen Selig dated June 19 , 1982 . April 26 , 1982 3 . Letter from R. R. Clemens, dated (distributed at the last Council meeting) . 4. Memo from the Chamber of Commerce dated June 17 , 1982 . 5. Memo from Planning Director Harris dated June 7 , 1982 (distributed at the last Council meeting) . 3 June 21, 1.982 EAST HILL Gary Hall expressed concern about having R-1 pro- PLAN AND perty adjacent to CC property with only a public EIS street as a buffer in the area of James Street and 100th Avenue S.E. Glenn Votaw, representing the Chamber of Commerce, expressed appreciation of the fine job done by t.h-a staff on this project. He noted that the Chamber had filed comments and he pointed out the area of particular interest as between 100th and 112th S. E. between James St. and S.E. 248th. He asked that the Council consider Alternate #4, noting that the Chamber favored 7 to 12 units per acre instead of the 4 to 6 units recommended by the Planning Com- mission. Upon questions from the Council, he stated that this was a long range plan, extending approxi- mately 10 years into the future. Chuck Boles commented on the modifications suggested by the Chamber of Commerce noting that the Public Facilities Committee had recommended infill develop- ment as opposed to "leap-frog" development. He also expressed concern about surface water run-off, noting that drainage control imposes a burden on the taxpayer and that developers should be encouraged to build where water and sewer service is already existing. Tom Barghausen presented a petition signed by Rod Smith, Helen Selig and Lowell Hall of Hall Properties, which was filed for the record. He noted that these owners of property on the south side of S.E. 240th between 108th and 112th S .E. , wanted to retain the present county density of 12 to 24 units per acre, but that the Planning Commission had recommended 7 to 12 units for this area. He noted that the area was especially suited for the higher density since water and sewer are available, the street is adequate , a commercial area exists nearby and public transit is available. Lowell Hall noted that he had attended the Planning Commission meetings and that they were very well conducted. He favored Alternate #4 , as suggested by the City staff, noting that there was a need for medium density areas and that condos were selling tc) young couples and to single people as these were the 4 - June 21, 1982 EAST HILL only affordable housing available. Upon Kelleher ' s PLAN AND question, Hall described the area as from 100th EIS Avenue S .E. to the back of the commercial buildings on the Benson Highway running from S .E. 242nd to S . 11, 248th. He noted that the Shires Development was an example of 11 units to the acre and that this type of development would be needed in the future. Sally Clark of Arrow Development noted that some sites have special characteristics which should be considered individually, and that the plan had written policies , and was not limited to the land use map. She noted Arrow' s 15 acre site on the southwest corner of S .E . 264th and 104th Avenue S .E. and stated that it was bisected by Mill Creek and that both the staff and the Planning Commission ' s Alternate #4 recommended single family density or, the west side and multiple density on the east side. Clark noted further that this was zoned by the coun-'y for 24 units per acre but that they were satisfied with the City ' s recommendation which would allow 7 to 12 units . She noted that when specific develop- ments are proposed with unique characteristics, the City should use the plan as a guide only and that some policy should be included in the plan to cover special circumstances. Bob Clemens noted that he and Dan Moorman had owned property in that area and that it had been zoned for Office use for some years. Clark noted that some changes had been proposed but that the Planningt Commission did not adopt low density for the "Office" property. She noted that medium density zoning might provide a buffer zone between single family and "Office" zoning . There were no further comments and B. JOHNSON MOVED to close the hearing. Bailey seconded and J. Johnson offered a SUBSTITUTE MOTION to continue the hearing to the July 6th Council meeting and for the informa- tion submitted tonight to be discussed at the June 28th workshop. Kelleher seconded . J. Johnson' s motion carried unanimously. 5 - i i j June 21 , 1.982 PARKS & Street Closures and City Property Utilization for RECREATION Cornucopia Days . The Cornucopia Committee has asked permission to close a number of streets and utili�ae selected City properties during the Kent Cornucopia Days . A schedule has been furnished to the Council for review. Mr. Wilson will be meeting with repre- sentatives of the Cornucopia Committee and City Departments Friday, June 18 , at 3 : 00 p.m. to work out the mechanics . MOONEY MOVED that the street closures as listed and filed for the record be approved and utilization of selected City proper.tie: be authorized during the Kent Cornucopia Days . Leahy seconded. Motion carried . PUBLIC WORKS Amendment to Public Works Improvements Ordinance. IMPROVEMENTS The Public Works Director has proposed an amendment ORDINANCE to Ordinance No. 2224 , the Public Works Improvement Ordinance. Currently if property is divided into lots of 20 acres or more, said subdivision is exempt from the City ' s subdivision code as well as the re- quirements of Ordinance No. 2224 . This amendment would require such splits to conform to the require- ments of Ordinance No. 2224 . The Public Works Com- mittee has reviewed this proposed amendment and has recommended approval . This has also been discussed at workshop on June 14 , 1982 . B. JOHNSON MOVED that Ordinance No . 2353 be adopted amending Ordinance No. 2224 , Leahy seconded . Motion garried. BINDING SITE Binding Site Plan Ordinance. This ordinance will PLAN permit condominium developers to segregate different ORDINANCE phases of their developments without going through the regular subdivision procedure. J. JOHNSON MOVED that Ordinance No. 2354 for the Binding Site Plan be adopted , Kelleher seconded. Motion carried with B. Johnson voting against it. REAL ESTATE REMOVED AT THE REQUEST OF COUNCILPERSON KELLEHER TRANSFER (CONSENT CALENDAR ITEM 5J) TAX One Quarter Percent Real Estate Transfer Tax. An ordinance has been prepared authorizing the establish- ment of a one-quarter percent real estate transfer tax to be collected by King County and remitted to the City of Kent. for deposit into a special fund segregated for capital improvement , Kai:ileher noted that he had raised concerns at the la., - workshop i i June 21, 1982 REAL ESTATE meeting regarding the proposed ordinance and that TRANSFER he still had reservations about placing an addi.- TAX tional tax on an industry that was already experi- encing great difficulties . He also noted that he was concerned over the fact that the proposed funds to be collected had not been earmarked for any particular project nor projects prioritized. Bailey concurred with Kelleher ' s position and also referred to Mr. Hamilton ' s letter objecting to the proposed tax, noting that this also raised some questions . BAILEY MOVED to refer the proposed ordinance to the Finance Committee for further study, Kelleher seconded . In response to Leahy 's question, Bailey noted that the matter of exemptions should be considered and also suggested that the passage of the ordinance should be considered through the public hearing process and that the effect of such an ordinance on real estate trans- actions community-wide should be considered. He pointed out that the tax affects the entire community and that therefore the enactment of the ordinance should be the subject of public input. Mooney suggested to Leahy that financial institutions have a great deal more knowledge with regard to the impact of such an ordinance at this time, and that passage of the ordinance might in fact be penal- izing the public which the City is trying to serve. The motion carried. FINANCE (CONSENT CALENDAR ITEM 5L) Industrial Development Bonds . ADOPTION of Resolution No. 966 approving the issuance of industrial develop- ment bonds by the Industrial Development Corporation of the Port of Seattle for Douglas Management Corpora tion. (CONSENT CALENDAR ITEM 5B) Bills . APPROVAL of payment of the bills received through June 18 , 1982 after auditing by the Finance Committee at its meeting of June 30, 1982 at 4:00 p.m. Amusement Game License_ Fee. Ordinance No. 2355 has LICENSES been prepared granting approval for extension of the Amusement Game License Fee from July 31 through December 31 of 1982 . The fee will be $10 . 00 for this extension period. B. JOHNSON MOVED to adopt Ordinance No. 2355 . i 7 i i I ,.Junf 21 1.98 i BUSINESS Kelleher seconded. Motion carried . It was further LICENSES determined that at the July 12 workshop the CUuncll would consider input from the business community on raising the license fee for 1983 to $120 . 00 . Mooner;> suggested that prior to the July 12 meeting Mr . Cushing should check with the Police. Department t,) determine if any problems were bei.nq enccunt: r+�r1 with the video game establishments, parti ;u :� in school areas. Kelleher noted that the CS.t: t Auburn had recently passed an ordinance req;ii-. iii the hours when video game establishments woi0 open to persons under the age of 18 and raquc _. that a copy be obtained. KEZONE Union Pacific Land Resources Corp II Rezone (R The Union Pacific Land Resources Corp II Rezone application for a reclassification of 158 acres of land from MA, Industrial Agricultural, to M-.1 , Industrial Park, was heard by the Hearing Examiner on April 21 , 1982 . The Hearing Examiner reconmrende approval with conditions on May 5 , 1982 ._ On May 14 , 1982 , a request for reconsideration was filed for modification of the conditions . The Hearing Examiner final recommendations, filed May 27, 1982, including some modifications to the conditions , has been filed for the record. In response to questions from Bailey, Ted Knapp of Upland Industries noted that the matter of the conditions had now been resolved and there were no longer any objections on the part of the applicant . MOONEY MOVED that the recommendati(m of the Hearing Examiner be approved, including the conditions , and the City Attorney be instructed to draft the necessary ordinance. Kelleher seconded. Motion carried. Urbana Equities Rezone Ordinance (RZ-80-6) . An ordi- nance has been prepared for the rezone of approximately 40 acres located east of 68th Avenue S. , west of the Valley Freeway, approximately 1/4 mile north of S. 277th Street, as requested by Urbana Equities. Approval of the rezone was recommended by the Hear- ing Examiner pro tem with 14 conditions. BAILEY MOVED to adopt the ordinance approving the Urbana Equities rezone, Mooney seconded. Bailey noted that if the applicant had complied with the conditions of - 8 i ,11-tnc 21 , 1982 REZONE the rezone, there was no legal reason r:ot t :) gran -. it. Kelleher stated that originally he had voted against the rezone. He referred to the recommend- ation of the Valley Studies and the Planning staff that the land should be designated as Agricultural. and that he would support changing the zoning from its present "holding" zoning to such agri.cul.tur,-al designation but could not support the rezone ordi - nance. J. Johnson noted that he had originally voted again._>t the rezone but had concurred with Bailey to appro,.,e the rezone in December of 1981 with the conditi.on.i . He expressed concerns over the drainage problems which exist. He also contended that by granting this rezone the City could be put in the position of granting similar requests in other areas west of the Green River and also the area to the south . Tie referred to the industrial tour that was taken by the Council and noted that there were many vacant. industrial-type buildings in the City already. He stated that he would vote against passage of the rezone ordinance. Bailey commented that he wished to clarify two item: with reference to making the motion to pass the rezone ordinance. He referred to the untenable legal position in which the City i$ in over the rezone and also clarified that the passage of the ordinance would not indicate that the moratorium or the study under way will cease. He contended that passage of the ordinance was merely following up on a position that the Council took at a prior time. Leahy concurred with Bailey and noted further- that the applicant has done all that had been asked. He also agreed with Bailey that the moratorium was still in effect and that no development would take place if the study so indicated. B. Johnson concurs -d with Bailey and Leahy, noting that while she had soiii­ reservations over the rezone because of the drainage and transportation problems in the area, she would vote for passage of the ordinance. In response to questions from Kelleher, Heavey noted that she was not sure at this time what the City ° s i legal position was with regard to the , ezone , sine-e - 9 June �& , 1982 REZONE there had been no precedent set and it w,° s not. possible to determine what a Court would dcc de . She stated that the only argument was that the Council was acting in a ministerial capacity sine( the rezone had already been approved at an earlier time, but that it was impossible to determine bow the Court would interpret it. KELLEHER MOVED to withhold action on the ordinance for two weeks pending further review by legal counsel . Leahy seconded. Mooney stated that they City had eiectec to have a Hearing Examiner system , that cuideiine, were set, that the applicant had met three of the 14 conditions and that until all conditions are m- t the development of the property will not. be .Vowed. Bailey withdrew the motion . The motion to withhold action until the next Council meeting cayri.eJ . PERSONNEL Leahy noted that the Parks Department had submittaci a request to reclassify one of its employees , Donna Cosby, from an Office Technician II to Office Techci - cian III due to the increased scope of the pasTti6n , and that the Finance Committee recommended approval of the reclassification. BAILEY MOVED to anprov, the request, J. Johnson seconded . Motion carr- iec . COUNCIL Public Works . Mooney reported that the Public Wcy4n-. COMMITTEES Committee would meet at 8 : 15 a.m . on June 23 , W- h the water status and pavement striping among the matters to be discussed . He commended Wickstr"m on the fact that no water shortages had been e"cognterwd thus far. Parks Committee. Bailey reported that the p_=r! Committee would meet at 3 : 30 p.m. on Tuesday, Jur, 22, 1982 . AWC B. Johnson noted that she and Jon Johnson had att. vdvd CONVENTION the AWC Convention in Spokane last week and that , te- hearing speakers from federal and state agencies , nnmu to the conclusion that cities would be responsib , for solving their own financi< t problems , CITY Mayor Hogan noted that Jack Benacny.-, ; who is p -e ant1v PROPERTY involved in renovating the old Doces store nea :- Southcenter, had offered to donate th r "ns whi .i. 10 - June 21 , 1982 CITY were at the site to the City of Kent. The offer PROPERTY had been accepted and the arches will be moved to Kent shortly to be stored until a permanent site is selected. LAND USE Mrs. Sharon Headman addressed the Council regarding problems with the use of property owned by the Headmans in Kent. She referred to variances which had been granted to the Headmans by the City approx- imately ten years ago for the same property and asked that the matter be discussed at a work session, . It was determined that the matter would be on the workshop agenda for July 12. EXECUTIVE At Cushing' s request, the meeting recessed to exe- SESSION cutive session at 8: 55 p.m. and reconvened at 9 :15 p.m. GREEN VALLEY B. JOHNSON MOVED for authorization to transfer HEIGHTS45 $49, 574 from the completed street project fund and $5,883 from the completed storm project fund to the Green Valley Heights #5 construction fund and to authorize acquisition of the property. Mooney seconded. Motion carried. ADJOURNMENT The meeting was then adjourned at 9 : 20 p.m. 1 Marie Jensen, CMC City Clerk - 11 -