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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/04/1984 i Kent, Washington September_ 4 , 1934 Regular meeting of the Kent Cite Council was called to order at 7 : 00 o' clock p.m. by Council President/Mayor Pro Tem Johnson. Present: Councilmembers Bailey, Biteman , Johnson, Kelleher, Leahy and White, City Administrator Cushing, City Attorney DiJulio, Planning Director Farris and Public Works Director Wickstrom. Mayor Hogan and Counci member Woods were not in attendance. Also present: Assistant City Adr,.inistrator Webby and Police Chief Skewes . Approximately 30 people were in attendance at the meeting . CONSENT KELLEHER MOVED to approve Consent Calendar Items CALENDAR A through J with the exception of Item C which was removed at the request of Councilmember T•'hite. Biteran seconded. Motion carried. FINUTES (CONSENT CALENDAP ITEV SA) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of August 20 , 1984 . WATEP (CONSENT CALENDAn ITF"R 5I) 125, 000 Gallon Tater Tank Renaintina. AUTHORIZA- TION for the Mavor to sign a change order in the amount of $3 , 168 . 20 for J & L Company Northeast for additional work required as part of their contract. STREETS South 248th. Street Pedestrian Ir°provements and Cambridge Drive Sidewalks . The bid opening was held August 28 with two bids received. Both ex- ceeded the Engineer ' s estimate. However , adequate project funds are available , and it is recommended the low bid of 023 , 518 from Valley Cement Construc- tion be accepted . BITE"AN MOVED that the low bid of 023 , 518 from Vallev Cement Construction be accepted for the South 248th Street Pedestrian Improvements and Cambridge 'give Sidewalks project, Kelleher seconded . Motion carried. Sinning Request - Safeco Golf Classic. Mr. Doug P^cArthur , Director of the Safeco Golf Glassic sche- duled for Meridian Valley Country Club September 9 - 16 , 1934 , has requested permission to place directional signs within the City. He has discussed his needs with the Traffic Division and, if approval is granted, will work directly with the Division in establishing proper locations for such signs . - l - September 4 , 1984 STREETS Mr. '1cArthur indicated that the signs will be place . in the appropriate locations on September 9th and removed on September 17 , 1984 . The City has granted permission in the vast for such activities . T-Thile the signing will certainly he beneficial for the Golf Tournament , it irav also help direct traffic- through the City, thereby creating a minimum of traffic impact during the Tournament. LFAHv MOVED to authorize the Director of Public [-forks to issue necessary permits or approvals for the places-ent of signs concernincT traffic assistance between September 9 and September 17 , 1934 for the Safeco LGPA Golf Classic at Meridian Vallev Country Club, Bailee seconded. notion carried. POLICE (CONSENT CALENDAR ITEM 5F) Police Services Studv -'enort. ACCEPTANCE. of the Police Services p _ Re ort and acceptance of Option 2 as identified in the report submitted to Council at the August 27 , 19V i,?orkshop. Kent Jail - Site_Clearinn and Preload. AUTHORIZATIC to accept_the site clearinq and preload for the Jail site as complete, make final payment to Stowe Con- struction and release the retainaqe, subject to the appropriate approvals from the State Department of Labor and Department of Revenue. BITEMAN D'OVED to authorize a chance order in the amount of $7 , 473 . 23 for site clearing and preload contract with Stowe Construction (Phase I of the Jail Project) , and to accent the project as complete. White seconded . Plotion carried. UNIFOP14 (CONSFNT CALENDAR ITEM 5D) BUILDING UBC - Board of Appeals . CONFIRMATION of the Mayor ' s CODE appointment of Gene Haxton of the City of Auburn to replace Al Pieper of the City of Tukwila to serve on the I7niform Building Code Board of Appeals . This matter was discussed at the workshop of August 27 . 2 - September 4 , 1984 STATE (CONSENT CALENDAR ITFF 5(3) ENVIRON- State Environmental Policy .Act Implementation. MENTAL SCHEDULING a public hearing on the Citv ' s required POLICY ACT in.pler;entation of the State Environmental Policy Act (SEPA) for the September 17 , 1984 Council meeting and setting a comment period from September 10, 1984 to September 24 , 1984 . This matter was discussed at the August 27 , 1984 workshop, and Will be addressed at the September 10 , 1984 work- shop as well . FINAL PLAT (CONSENT CALFNDAP. ITF"R 5H) Northwest Business Park I Final Plat No. SU-83-1 (Uplands) . AUTHORIZATION for the Mavor to sign easement, deed and agreement documents with Uplands Industries relative to the Northwest Business Park Plat, meeting the conditions set forth for the plat aDnroval . SETTING the date of September 17 , 1984 for a public r^eeting to consider Northwest Business Park I Final Plat (No. SU-83-1) . The plat has been received by the Planning Department and is in compliance with the Subdivision Code. MOBILE (CONSENT CALENDAR ITE14 5J) HOME PARK Silent Meadows Mobile Home Park Combining District COMBINING #`CD-MIIP-83-1. SETTING the date of September 17 , DISTRICT 1984 for a public hearing to consider the approval of a *Mobile home Park Combining District for the purpose of constructing an 88 unit mobile home park located east of the Vallev Freeway, north of South 212th Street and south of South 208th. REZONE Silent Meadows Rezone No. RZ-83-2 A request submitted by John R. Ewing and Associates to rezone property from RA, Residential Agricultural, to MR-D , Multifamily Duplex Residential, was heard by the Hearing Examiner on July 18 , 1984 . The total area to be reclassified is 12 . 73 acres located on the east side of the Vallev Freewav and between South 208th Street and South 212th Street. The Hearing Examiner recommended approval of this rezone application with conditions _ KELLEHER MOVED that the Hearing Examiner' s recommend- ation to approve the rezone Keith conditions be a('opted anC that the Citv Attorney be instructed to draft the necessary ordinance, Biteman seconded. motion carried. 3 - i September 4 , 1984 AGRICULTURAL (CONSENT CALENDAR ITIFY 5C) ZONING RE1"OVFD AT THE REnUEST OF COUNCILMM4BER WHITE Agricultural ?oning. The City Attorney_ intro- duced two ordinances: Ordinance 2488 , providing for the creation of an Agricultural (A-1) Zone entitled: An Ordinance of the Citv of Kent Relat- ing to Land Use and Zoning Regulations, and adding an Agricultural (A-1) Zone, Section 15 . 04 . 005 to the Kent Citv Code, and , Ordinance 2489, an Ordinance of the Citv of Kent Relating to Planning, Zoning and Pronerty; rezoning approximatel.7 558 acres generally located on the south and west sides of the Green River from. RA, Residential Agricultural to A-1 , Agricultural. A tvpographical error in Ordinance 2489 was noted and corrected . Upon White ' s csuesti.on about compensation, Kelleher clarified that the Council had directed the Planning Denartment to consider the issue of compensation prior to the time the AG zoning comes before the Council . Jim Hansen confirmed that this was correct and noted that the compensation issue was under study and that this was related to the second set of zoning which would occur in approxi- mately 60 days . Kelleher noted that even though the issue of compensation was delayed until the second set of rezones , that the Council ' s direction to the Planning Commission was to evaluate the concept of cor.pensation in both areas , not just for the area south of the river . Bailey specifically asked about the area west of the river, and Kelleher stated that he understood that the issue of compen- sation is not restricted to owners of property south of the river, but could he applied to any area south or west of the river . Jim Hansen confirmed that this was so, that the compensation issue for all properties in the area would be considered. Leahv noted that he had been out of town and that he under- stood that upon his request, the compensation issue had been removed from the coals, policies and objec- tives . DiJulio explained that this issue was con- sidered at the August 6 meetinq and the Council adopted a motion approving the Agriculture designa- tion and the rezoning and directed the preparation i - 4 - i September 4 , 1984 AGRICULTURAL of these ordinances . Kelleher explained that Leahy ' s ZONING statement was correct, but that the Council had approved the recommended zoning on the west side but that there were still some concerns and some of the Council wanted to be assured that the issue of compensation would be addressed again b-,7 the Planning Commission . I'e concluded that Leahy' s concern had therefore been addressed, and that there were no references to compensation in any of the motions, except to ask the Plannina Commission to review that issue and to report back to the Council. Bailey and Leahy expressed concern about nassing the ordinances without having the Planning Commission ' s report on this . DiJulio explained the procedures necessary to bring consideration j of the Ordinances hack to the Council if passage is held over . He noted that in accordance with 3iteman ' s amendment , ordinance 2489 contains the statement that owners of property shall not be pre- cluded from applying for a rezone. KELLEHER MOVTD to adopt Ordinances 2438 and 2489 . Biteman seconded . Kelleher noted that the Council would have time to wor? out the compensation issue. BAILEY MOVFn to table the matter and I:eahy seconded. Kelleher ' s motion for a recess FAILED. Bailey' s motion to table FAILEn with Bailey, Leahy and P3hite supporting it and Johnson, Kelleher and Biteman opposing . In discussion on Kelleher ' s motion to adopt Ordi- nances 2488 and 2489 , Leahy stated that he was not prepared to vote on rezoning the property without further information on coTnnensatien. White stated that he would not like to see the Ordinances defeated because of a fey-7 Vtee'•cs time element after which more information on the compensation issue would be available. Upon Biteman ' s c7uestion, Hansen noted that perhaps the report on the compensation could be done before the zoning is established for the other Properties . KELLEHFR MOVED to table this issue to a date certain: to the September 17 meeting. Leahy seconded. Fansen confirmed that the Planning Coromission could not act that ouickly, and Kelleher noted that the report would not have to he ready for presentation at the September 17 meeting . 5 - i i I September 4 , 1984 AGRICULTURAL In answer to Biteman' s question, BiJulio noted that ZONING in his opinion, rezoning the property is not a com- pensable issue. If the city determines that there is value, in light of the zoning given to the pro- perty, to development rights which the City wishes to acquire, then the City will be compensating and there is no issue of retroactivity. If the City determines to acquire interests, then just compen- sation will be paid and the interests would trans- fer to the city. He noted further that tonight' s issue is not affected by the compensation issue. He further noted for White that the County has zoned prornert-,, agricultural and is nOW buying development rights to that property, and he pointed out Smith Brothers Farm as an example. White asked about tabling the matter to the October 15 Council meeting and Hansen noted that the earliest the Planning Commission could possibly consider this issue would he on October 16 . Kelleher confirmed for White that even if the proposed ordinances are passed tonight, the second section could he delayed by the Council . White noted that he was not entirely comfortable with. the action proposed tonight but would go along with it inasmuch as he had been assured that further action could be delayed. He pointed out that he was not opposed to the agri- culture issue but his concern was the compensation issue. Kelleher withdrew his motion to table action and his original motion to adopt Ordinances 2488 and 2489 carried, with Bailev and Leahy dissenting. ANNEXATION Rowley Annexation_43 Reclassification No. AZ34-1 . Z014ING On July 18 , 1994 the Hearing Examiner held a public hearing to consider initial zoning to be assigned to property recently annexed to the Citv of Kent j consisting of approximately 22 acres, located south of Southeast 243th Street on the east and the west side of 104th Avenue S . F. Under the provisions of City of Kent Ordinance No. 2469 , the Council shall hold two or more public hearings at least thirty days apart upon receipt of the recommendations of the Hearing Fxaminer for the initial zoning classi- fication. The City Clerk has given proper legal notice for both hearings . On Auqust 1 , 1984 , the Hearing Examiner recommended that zoning classifica- tions of the Rowley Annexation 4`3 area be consistent _ 6 _ i I i September 4 , 1984 ANNEX..ATION with the land use designations and boundaries of the ZONING East Hill Plan. The Public hearing was opened by ^favor Pro Tem Johnson. It was noted. that a letter had been received regarding the Proposed annexation zoning from Frick_ Hawkinson. KFLLEHER PIOVED to make the RORJLEY '�3 letter Part of the record, Leahv seconded. Motion carried. Jim Hansen, Principal Planner, gave a brief present- ation on the annexation area and the Pronosed zoning, noting that the location of the property was on the south side of S.F. 248th on both sides of 104th Avenue F .F. and consisted of approximately 22 acres. Hansen pointed out that several lots would be split at about the 300 foot depth, with the first 300 feet being zoned Office and the remainder T1RM. He also j clarified that the office zoning x-,,as consistent with the East Fill Plan adopted two years ago. After questions were raised by White as to whether the zone split constituted strip zoning and concern was expressed by Bailev and Biteman, it was determinedthat the Citv or the Pronerty owners were not pre- cluded from asking for a zoning change at such time as development might take Place if there was a need. Hansen Pointed out that the Hearinq Examiner had felt there was a Possibility of a 15% traffic in- crease by following other than the East Fill Plan. In response to questions from TThite, Hansen noted that the Planning Conr�ission is currently looking at the Fast Hill Plan but in all probability no recommendation would be coming back to the Council j Prior to the second Public hearing on the annexation zoning. Evelyn Crandall , 24920 104th S .F. , and Solveiq Bower, 14416 G .F. 270th Place , both expressed concern about ! the effect of split zoning on property development. Gary Gill noted that the public T7orks Department had several comments at the hearings with regard to conditions they would like to see imposed when develop- ment occurs . He asked that these conditions be made a Part of the Council record also; namely, that the necessary right of wav for the future improvement of 7 - September 4, 1984 ANNEXATION 104th S .E. and S .E. 248th be deeded to the City at ZONING the time of development , as well as the necessary footage for a 40 foot right-of-wav radius at the corner of S . E. 243th and 104th S . F. At Gill ' s request, WHITE MOVED that the memo from Transportion ROWLEY ;'3 Engineer Poston dated August 24 relative to the Transoortation Plan and 224th corridor be made part of the record, Biteman seconded. Motion carried. KELLEHER MOVED that the public hearing on the Rowley 03 Annexation zoning be continued until October 15, 1984 for final action, Biteman seconded. Motion carried . ANNEXATION Rowley Annexation 44 Reclassification No. AZ84-2 . ZONING On July 19 , 1984 , the Hearing Examiner held a public hearing to consider initial zoning to be assigned to r)roperty recently annexed to the City of Kent ROWLEY #4 consisting of approximately 40 acres , located south of Southeast 240th Street; east of 104th Avenue S .E. and approximately 114tb Avenue S.E. Under the pro- visions of City of Kent Ordinance No. 2469 , the Council shall hold two or more public hearings at least thirty days apart upon receipt of the recom- mendations of the Hearing Examiner for the initial zoning classification. The Cite Clerk has given proper legal notice for both hearings . On August 1 , 1984 the Hearing Examiner recommended zoning classifications for P.owley Annexation #4 as follows: 1 . MR-M, Medium Density multifamily Residential for Tax lots: 34 , R7 , 50, 2 ; Lots 7 and 8 of the RO Smith Orchard. Tracts Addition. 2 . R1-7 . 2 , Single Family Residential, for Tax Lots 44 and 64 . Johnson opened the nuhlic hearing . The City Clerk noted that letters had been distributed with the packet from the follo�•Tinq: E . B . Jones , Martin Welch, John and Helen Selig and Greta Stewart. The letters were maese a part of the official record by motion. Leslie T^'agner noted that she represented Greta Stewart, executor of the estate of Caroline I - 8 - f September 4 , 1984 ANNEXATION Berg. The Berq nronerty, Lot 7 , lies directly behind ZONING and adjacent to V-1inchell ' s and Payless , and Ms . Wagner suggested that Lots 7 and 8 be also designated as commercial . She noted that. each is approximately 5 acres and that 108th Avenue S .E. , on the west end of Lot 8 would be a suitable place to divide commercial zoning from the proposed MPM zoning. ms. Wagner further noted that the area across S.E. Rowley a 240th is also commercial . It was determined that further written comments would be accepted up to the October 15th hearing date . Gary Gill , City Engineer , noted that the Public j Works Department had recommended that the deeding of necessary street rights-of-way be made a con- dition of the initial zoning . He stated that it was explained at the Nearing Examiner' s hearing that steps should be taken to restrict access to S . F. 240th from these properties, as far as such restriction is feasible. Steve Harris, representing the Seligs , noted that the Seligs concur with the PRR*^ recommendation and have no objection to deeding property for right-of-way. Bert Jones of 24210 110th Place S . E. noted that he lived within 80 feet of the rezone line and related his concerns about noise , drainage, and the declining quality of life which would be brought about by WWI zoning. Alan Stewart reiterated "Is . I,7agner ' s remarks concerning the Berg property. At Kelleher ' s r.eauest , Hansen described the boundaries of the area which the Council asked the Planning Commission to consider for changes to the Comprehensive Plan. Kelleher noted that it might be in the Stewart' s best interest to see what the Planning Cor'^:issi_on recommends for their area. Hansen noted that the Commission would be having hearings and would make a recommendation to the Council . It was noted that the property is 660 feet deep, running from north to south. In answer to *i7hite ' s question Hansen noted that generally speaking, streets are natural and convenient buffers. Railev asked if , at the time of the East Hill Study, this type of develop- ment was considered . Nansen conceded that this ray have been a compromise, inasmuch as we were trying to go along with the County' s Soos Creek Plan. 9 - I September 4 , 1984 ANNEXATION Rod Smith of 11023 S. F. 240th stated that he favored ZONING the proposed zoning . Fussell Hall, representing Hall Properties, also agreed with Ithe proposed zoning and noted that the Stewarts proposal to have Lots 7 and 3 zoned commercial also made sense. Hansen noted that the Hearinq Examiner ROWLEY "4 recommendations followed the staff recommendations and Gary Gill noted that the Seligs had asked for multi-family zoning_ from the County before the area was annexed. Gill referred to Traffic Engi- neer Jim Poston ' s memo dated August 24 and asked that it be made a part of the record for both of the Rowley Zoning hearings held tonight. WHITE SO MOVED , Bailee seconded . The motion carried. There was no further input from the audience and KELLEHFR fIOVED that the public hearing on Rowley Annexation "4 be continued to October 15 , 1984 for final action. Riteman seconded. Notion carried . STREET Vacation of Portion of 80th Place South. Resolution VACATION 1025 adopted on August 5 , 1994 set this date for a public hearing on the vacation of a portion of 80th Place South as requested by Burlington Northern Railroad and Mannesmann-Tally. Proner leqal notice has been given by the City Clerk. The Planning Department has provided a report containing recom- mendations . The public hearing was opened by Mayor Pro Tem Johnson. It was noted that no correspondence had been received. Bob Scholes, Consulting Civil Engineer, 451 - 10th Avenue, Renton, addressed the Council on behalf of Burlington-Northern, noting that the subject of the street vacation goes back to the time of the Norn_ ac Div. III Final Plat approval in 1975 . He noted that one of the conditions of Final Plat approval at that time was the relocation of the existing 80th Place S. because of the traffic hazard. He noted that a barricade has been placed across the old street which is no longer used, but if the vacation is approved, both Burlington Northern and Tally will benefit. 11r. Scholes referred to the condition 10 - i September 4 , 1934 STREET of street vacation approval .•7hich calls for the VACATION payment of one-half of the appraised value of the ! property to be vacated . He contended that Burling- ton-Northern had dedicated the right of way to the City for the new street when it was constructed and asked that the compensation recuested at this time be waived . In response to cuestions, Wickstrom stated that Ordinance 2333 specifies which street classes shall be subject to compensation charges. He stated that he did not know the ar.ount of money involved in this particular case. wickstron. clarified for the Council that when the new 80th Place South was constructed, Burlington-Northern was reauired to deed the street to the City as part of the plat iDproval . He also clarified that the portion recuested to be vacated was the abandoned 80th Place South. In response to further questions from Kelleher, Wickstrom noted that the ordinance did have pro- visions which Provided for other forms of compen- sation but noted that there were two property owners involved at this time which would divide the vacated area ecually. He auestioned the impact of two property owners . A representative from Mannesmann Tally Corporation noted that in regard to compensation the local company could make no decisions because that would have to be made by the parent company in Europe. There were no further comments and BAILEY MOVED to close the public hearing , Biteman seconded. Potion carried . i BAILEY MOVED to delay approval of the subject j vacation until the staff provides the Council with further information relative to the original idedication and the monetary options . motion carried . i i FINANCE (CONSENT CALENDAR ITEP1 5F) Advance Travel Fund Increase. ADOPTIO14 of Ordinance 2490 increasinq the Advance Travel Fund from 52 , 550 to $4 , 000 , as recommended at the June 29 Finance Committee meeting. - 11 - September 4 , 1984 FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills . APPROVAL of the payment of the bills received through September 4 after auditing by the Finance Committee at its meeting at 4 : 00 p.m. on September 14 , 1984 . ICDA Fund. Cushing reported that a reouest from KDA had been discussed at the recent Finance Com- mittee meeting about the transfer of $1, 000 from the KDA Funs' to them for their use on miscellaneous items. He noted that the funds had been held for 6 to 8 years for the Association. BAILEY MOVED to authorize the transfer of $1, 000 to KDA from. the KI)A Fund, White seconded. *Motion carried . COUNCIL Finance & Personnel. Bailey reported that CO�LMITTEES Biteman ' s personnel concerns had been addressed at the recent Finance Committee meetinq and he was asked to bring further questions to the Committee should he feel it necessarv. Parks . Bailey reported that the dedication of the 1°7est Fenwick Park would take place on September 15 and all �,aere invited . Public Works . Kelleher noted that the following letters would he discussed at the next Public Works Committee mneetinq : From Donna Dansenhurg, regarding 116th S.E. and S .F . 256th, from Richard Martin .regarding tree cutting , and from Ronald Smith regardinq -�4eeker Street businesses . The letters were made a hart of the record. ADJOURNMENT BAILEY MOVED that the meeting be adjourned at 9 : 00 p.m. , White seconded. *Motion carried. Marie Jensen, C*MC Citv Clerk 12 - I