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.
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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) .
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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) .
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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
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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.
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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
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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 .
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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
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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
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legal position was with regard to the , ezone , sine-e
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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.
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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.
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Marie Jensen, CMC
City Clerk
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