HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/02/1982 Kent, Washington
August 2 , 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, Leahy,
and Mooney, Administrative Assistant Webby, Acting City Attorney
Heavey, Planning Director Harris, Public Works Director Wickstrom
and Finance Director McCarthy. City Administrator Cushing was not
in attendance. Also present: Hearing Examiner Burke and Associate
Planner Hansen. Approximately 40 people were in attendance at the
meeting.
CONSENT J. JOHNSON MOVED to approve Consent Calendar Items
CALENDAR A through I with the exception of Item G, which
was removed at the rea_uest of Councilperson Bailey,
B. Johnson seconded. Motion carried.
MINUTES (CONSENT CALENDAR ITEM 5A)
Approval of Minutes. APPROVAL of the minutes of
July 19 , 1982 with the following correction: Page
14, third paragraph . . . "Kelleher opined that the
state law was adequate. (Not inadequate as reported. )
WATER (CONSENT CALENDAR ITEM 5E)
West Hill Emergency Standby Power. AUTHORIZATION
for Mayor to sign an agreement authorizing CH2M Hill
to proceed with a study of our West Hill Svstem inter-
' tie with Water District 75.
(CONSENT CALENDAR ITEM 5G)
(REMOVED AT THE REQUEST OF COUNCILPERSON BAILEY)
Agreement Transferrinq King County Water District
#87 to Kent and Auburn. MOONEY MOVED to instruct
the City Attorney to draft an ordinance to transfer
Water District 1187 to Kent and Auburn. Bailey
seconded. Motion carried .
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(CONSENT CALENDAR ITEM 5H)
LID 308 - SE 260th Street, Sewer and Water Improve-
ments. AUTHORIZATION for the Mayor to sign an agree-
ment with Kent Development Associates regarding the
formation of LID 308 . AUTHORIZATION to allocate
the sum of $13, 983 from the unencumbered balance of
the Water Fund for off-site watermain improvements
to be done in connection with the LID 308 project.
ADOPTION of Ordinance No. 2363 creating LID 308 .
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August 2, 1982
WATER Water Quality Study. At the June 28 , 1982 workshop,
the Council reviewed the five documents dealing
with the water duality study and the eight recom-
mendations endorsed by the Planning Commission. On
j July 6, the Council set August 2 , as the date for
a public hearing on the Water Quality Program.
The mayor opened the public hearing.
Harris noted that the Water Quality Management Pro-
gram Executive Summary showed the recommendations
of the Planning Commission, the Water Quality Com-
mittee and the City Staff as the following:
1. Adoption and Enforcement of a Water Quality
Ordinance.
2 . Maintain Consistency Between City Plans, Pro-
grams, and Regulations Relating to Water Quality.
3. Establishment of the Proposed Drainage Utility.
4 . Establish a Water Quality Monitoring Program
(through Green River Community College) .
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5. Identify the Remaining Wetlands Within the
City of Kent.
6. Coordinate the Water nuality Program with Other
Governmental Agencies .
7 . Establish a Salmon Enhancement Program in Kent
on Selected Creeks.
8 . Identify Potential Point Source Pollutants and
Develop a Program to Control Same. (Additi.o►aat
Recommendation - r)en P2anwing CommiA6ion act-ion, May 25,
t982)
Tom Miller spoke on behalf of Trout Unlimited, endors-
ing the program, especially #8 . A copy of his com-
ments was submitted and filed for the record. Miller
j introduced two youngsters, Steven Zulkosky and Curt
Svennungsen, who related that while fishing at Garri-
son Creek Park, the water level suddenly got high
and they could smell chlorine or some chemical. Upon
walking upstream, they noted dead fish and reported
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August 2, 1982
WATER the matter to the booth maintained by the Northwest
Steelhead & Salmon Council at the Cornucopia Days
Fair .
Tom Hubbard, Water Quality Planner for Metro, spoke
in favor of adoption of the water Quality ordinance
on behalf of Pietro.
Joan Madden noted she had worked on this program
and that it was a complete program and should be
adopted in its entirety.
Chuck Boze stated that he lived on Woodford Avenue
on Mill Creek and that various birds could be seen
on the banks of the creek. He noted that pollutants
were dumped in and near the creek and that this pro-
gram should be adopted. He noted that the James
River in Virginia had been polluted to such a degree
that it was estimated that it would not be cleared
for a century.
Ray Burley noted that there were not near as many
fish in the Green River now as there were 20 years
ago.
Don Finney, a fisheries biologist for the PAuckleshoot
Indian tribe, stated that he particularly supported
#4 and that the tribe was interested in becoming
involved in V.
Larry Moe of the Northwest Steelhead Council con-
gratulated the City on this program and urged the
Council to adopt it. Gregg Wingert suggested that
the Council adopt all eight items and particularly
noted the importance of #s 4 , 7 , and 8. He pointed
out that creeks could not be stocked with fish if
the creeks were high in toxic materials . He referred
to specific incidents in Kent datina back to 1975
j and noted the importance of enforcing this program
once the ordinance was adopted .
There were no further comments and BAILEY MOVED to
close the public hearing . Mooney seconded. Motion
carried.
MOONEY MOVED to adopt the eight recommendations en-
dorsed by the Planning Commission. Leahy seconded.
Motion carried.
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August 2 , 1982
CITY (CONSENT CALENDAR ITEM 5D)
PROPERTY University of Washington Study. AUTHORIZATION for
Public Works Director to allow University of Wash-
ington Department of Zoology, to use City property
bordering King County Animal Shelter for biological
studies.
PARKS & (CONSENT CALENDAR ITEM 5C)
RECREATION Senior Activity Center, Phase I and II. ACCEPTANCE
of the completed Phase I Needs Analysis and Facility
Alternatives by Berry Bonsteel as discussed at the
July 26, 1982 workshop, and AUTHORIZATION for the
Mayor to sign a contract for the Phase II Feasibility
Study and Facility Program for a maximum of $7 , 000
to be paid from Federal Revenue Sharing Funds .
CITY SHOPS (CONSENT CALENDAR ITEM 5F)
City Shops Procedures Manual. AUTHORIZATION for
Director of Public Works to execute agreement with
Matrix Management for preparation of procedures
manual for City Shops operation.
ANNEXATIONS Proposed Rowley Annexation #3 . The Council met with
the initiators of the proposed Rowley #3 Annexation
at the workshop on July 26, 1982 . J. JOHNSON MOVED
to accept the proposed Intent to Annex to the City,
that the assumption of the pro-rata share of the
existing bonded indebtedness will be required, and
that the circulation of the 75% petition is authorized.
Mooney seconded. Motion carried.
Proposed Rowley Annexation #4 . At the workshop of
July 26, 1982 the Council met with the initiators
of the proposed Rowley #4 Annexation. J. JOHNSON
MOVED to accept the proposed Intent to Annex to the
City, that the assumption of the pro-rata share of
the existing bonding indebtedness will be required
and that circulation of the 75% petition is authorized.
B. Johnson seconded. Motion carried.
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PRELIMINARY (CONSENT CALENDAR ITEM 5I)
PLAT Delta Cal Preliminary Plat (SU-82-1) . SETTING a
date for a public meeting for August 16 , 1982 to
consider the Delta Cal Preliminary Plat application.
The Hearing Examiner has recommended approval with
conditions .
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August 2, 1982
EAST HILL East Hill Plan - Land Use Map. At the conclusion
PLAN - of the public hearing on July l9 , a motion was
LAND USE passed to adopt the original Land Use Plan, Alter-
MAP native 4 , as prepared by staff. This matter was
further discussed at the workshop on July 26, and
an attachment is provided with the agenda packet.
B. JOHNSON MOVED to reconsider the action taken
regarding the East Hill Plan Land Use Element,
J. Johnson seconded. Motion carried.
BAILEY .111OVED to rescind the motion of July 19 ,
Biteman seconded. Motion carried.
Several motions and amendments were discussed and
clarification was given by both Harris and Hansen,
resulting in the following motion:
BAILEY MOVED to adopt the Planning Commission re-
commendations for areas 3, 4 , 5 and 6 and to leave
areas 1 and 2 as they originally appeared in the
staff ' s Alternate #4 suggestion. B. Johnson
seconded.
KELLEHrR MOVED to amend the motion to change #,3 to
remain as the original staff recommendation, allow-
ing 7 to 12 units per acre. Mooney seconded. The
amendment carried. The motion, as amended, carried
unanimously.
APPEAL R & B Enterprises Appeal (Conditional Use Permit -
CE-82-7 . On July 7 , 1982 the applicant for R & B
Enterprises appealed the June 2, 1982 Findings &
Decision of the Hearing Examiner denying the request
for a Conditional Use Permit allowing retail and
service type uses in multi-purpose buildings planned
for the site. A public hearing is scheduled for
this meeting and proper notices were mailed July
23, 1982 . A packet of material, including a trans-
cript of the hearing before the Hearing Examiner,
has been provided to the appellant and to the
Council and has been made a part of the record.
The hearing will be conducted in accordance with
Ordinance No. 2233 and Resolution No. 896. The
public hearing was opened by A4ayor Hogan. The Clerk
noted that no correspondence had been received.
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August 2 , 1982
APPEAL Hearing Examiner Burke noted that in her memorandum
dated July 27 , 1982 a summary of the three applica-
tions submitted by R & B Enterprises was reviewed,
showing that the first application, approved in
December 1980 , was totally for office use. The
second application, revising the project to in-
clude additional property, was presented in April
of 1981, was also for office use only and was
approved in July 1981 . The present application,
CE-82-7 , the subject of this appeal, requested
retail and service uses in addition to the previously
approved office use. The request was denied on
June 2 , and a request for reconsideration was
filed. The matter was reconsidered and subsequently
denied by the Hearing Examiner, for reason that
"new evidence" was not presented.
Burke further clarified that Ordinance No. 2233
which concerns appeals from the Hearing Examiner
decisions states that written appeals must allege
1) Specific errors of fact; 2) Specific procedural
errors ; 3) Omissions from the record; 4) Errors in
the interpretation of the Comprehensive Plan; or
5) New evidence which was not available at the time
of the hearing held before the Hearing Examiner.
She stated that the appellant had not met any of
these requirements , and that the request was merely
for a modification of the original application.
Scott Harris , representing R & B Enterprises , 2222
Corinth Avenue, Los Angeles , CA 90064 , addressed
the Council, noting that the property had been pur-
chased approximately two years ago to build a busi-
ness park. He referred to the size of the proposed
facilities to be part of the business park. Referring
to the Bagman restaurant which was planned to provide
food services for those employees of the business
park, he noted that the Planning Department had ad-
vised that it would be necessary to apply for a
conditional use permit to cover this type of opera-
tion. Scott Harris suggested that the problems
which have been encountered were because of a matter
of interpretation of the type of business to be
housed in the location--that the restaurant was not
in fact a retail business but a service type facility.
He also noted that a new conditional use permit
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August 2, 1982
APPEAL application (CE-82-7) was filed and heard on May
7 , 1992 . He pointed out that it appeared the ques-
tions asked by the Hearina Examiner as to the type
of businesses to be located in the business park
were not adequately answered by the applicant and
this was the basis for the denial of the application.
He also noted that it had been their intent to
clarify the interpretation through the requested
new conditional use permit process. He noted that
in addition to the restaurant, R & B wanted to in-
clude office warehouses and office service uses,
but did not want to have retail stores.
Gary Volchok of Coldwell Banker spoke on behalf
of R & B Associates and noted that he was part of
the Zoning Advisory Committee working on a new
Zoning Code and that it was hoped such problems
of definition of retail stores would no longer
take place. He also referred to other business
parks in the City where such type eating facilities
were allowed for employees of the park and which
were allowed through the conditional use permit
process. Volchok determined for Mooney that the
committee was trying to formulate such policies
and guidelines. Don Marcy, attorney for R & B,
noted that they were trying to clarify their request
and that there had been an error in the interpreta-
tion of retail stores . He referred to Exhibit A
of the appeal which lists the types of uses allowed
in such business parks, stating that these were some
of the uses intended for serving the tenants of the
park. In response to questions from Kelleher, it
was determined that the sandwich shop was intended
to serve tenants of the industrial park only. It
was determined that the matter at issue was a .61
question of interpretation of the term "retail use
and that the applicant had not properly answered
the questions at the time of the hearing. Burke
explained that if the matter were remanded back
to the Hearing Examiner the Council could then ask
that a careful study be made of the proposed uses .
Biteman referred to the length of time which has
already elapsed since the original application was
made. He also noted that R & B already has a valid
conditional use permit and Burke noted that the
matter could be back to the Council by September.
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August 2, 1982
APPEAL Jim Harris determined for B. Johnson that "blanket"
conditional use permits have been issued for this
type of service need in the past. Scott Harris
asked that the sandwich shop be approved without
delay, if the Council chose to remand the question
of "office service uses" to the Hearing Examiner.
In response to Bailey ' s questions, Heavey noted
that the Council could grant a specific conditional
use permit for the restaurant use. She clarified
that this would be a limited conditional use and
that any modifications should be made by the Hear-
ing Examiner. There were no further comments and
J. JOHNSON MOVED to close the hearing, B. Johnson
seconded. Motion carried.
BAILEY MOVED to remand the matter to the Hearing
Examiner and further, that a Special Conditional
Use Permit be granted for the operation of the
restaurant to serve R & B Enterprises within certain
hours, to close at 3 : 00 or 4 : 00 o' clock p.m. Bite-
man seconded. B. Johnson noted that if second
shift work is involved the restaurant hours should
be extended to 7 : 30 or 8 : 00 p.m. It was determined
that second shift hours were involved.
Upon Heavey' s suggestion, BAILEY INCLUDED in his
motion that the Conditional Use Permit for the
restaurant be approved and for the Hearing Examiner
to impose the conditions necessary to make the
restaurant compatible with the area. He also
clarified that for the portion of the application
remanded to the Hearing Examiner, that the Examiner
be directed to consider Exhibit A, and the inter-
pretation of these particular types of businesses .
Biteman concurred with Bailey' s statements and the
motion CARRIED.
FINANCE (CONSENT CALENDAR ITEM 5B)
Bills . APPROVAL of payment of the bills received
through August 2 , 1982 , after auditing by the
Finance Committee at its meeting at 4 :00 p.m. on
August 13 , 1982 .
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August 2, 1982
COUNCIL Public Works . "looney noted that there would be
COMMITTEES no Public Works Committee meeting this week.
Parks Committee. Bailey noted that the Parks
Committee would meet on Friday, August 6, at 8: 00
a.m. He also reported that he had gone to Vashon
Island with Mayor F'_ogan , Barney Wilson, Nancy
Carpenter and Carolyn Wiley to visit the sculptor
who was compmissioned for the Kent Commons project.
He reported that the committee was pleased with
the project and urged the Council to view the
sculpture in proqress if possible.
Administrative Reports . Kelleher reported that
he and Biteman had visited the Flo Wind project
at Ellensburg for the unveiling ceremonies of the
120 KW Vertical Wind Turbine. He noted that Flo
Wind was a division of Flow Industries of Kent
and suggested that the Playor send a letter of
congratulations to Dr. Pao who is in charge of
the project.
ADJOURNMENT MOONEY MOVED to adjourn the meeting at 8 : 45 p.m. ,
Leahy seconded . Motion carried.
Marie Jen CMC
City Clerk
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