Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/07/1986 i i July 7 , 1986 Kent, Washington i Regular meeting of the Kent City Council was called to order at 7: 00 o'clock p.m. by Council President/Mayor Pro Tem White. Present: Councilmembers Bailey, Dowell, Johnson and Woods, City Administrator McFall, City Attorney DiJulio, Planning Director Harris and Public Works Director Wickstrom. Also present: Police Chief Frederiksen, Fire Chief Angelo and Finance Director McCarthy. (Mayor Kelleher and Councilmembers Biteman and Houser were attending a public hearing at Sunnycrest School on Seattle ' s draft plan for closing the Kent Highlands landfill. ) Approximately 35 people were in attendance at the meeting. PROCLAMATION Kent Cornucopia Days. Council President White read Mayor Kelieher ' s proclamation declaring July 11 , 12 , and 13 , 1986 as Kent Cornucopia Days. In special recognition for their con- tributions , July 10 was declared as Ron Anderson Day, July 11 as Gary Atwood Day, July 12 as Ed Jahn Day and July 13 as Wayne Hobbs Day. PERSONNEL Employee of the Month. Council President White announced that Jan Cormier of the Police Depart- ment has been named Employee of the Month for July. He commended Cormier for her dedication ani3 positive attitude and presented a plaque to her. j CONSENT BAILEY MOVED that the Consent Calendar Items CALENDAR A through L be approved. Johnson seconded and the motion carried. i MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of June 16 , 1986 . ANNEXATION Ryan No 3 Annexation Zoning No. AZ86-1 . This ZONING date has been set as the first of two hearings to consider the Hearing Examiner ' s recommended zoning forthe Ryan No. 3 Annexation. The Hear- ing Examiner recommends R-1 9. 6 ( Single Family Residential ) . Ed Heiser of the Planning staff showed a map of the site, consisting of 14 . 64 acres located on the south side of S. 218th to the west of 98th Avenue S. (extended) . The County zoning prior to annexation was SR 15 , 000 . He described the zoning of property adjacent i i i i i - 1 - i July 7, 1986 ANNEXATION to the site and noted that annexations are ZONING automatically zoned R1 -20 on an interim basis until the Hearing Examiner and City Council conduct hearings for zoning. The City Clerk noted receipt of a letter from Mel Kleweno, attorney representing Mr. and Mrs. Jim Flick and Mr. and Mrs. Victor Bowser, and she read a petition requesting that the site remain zoned R1 -20 ( 20, 000 sq. ft. lots ) , noting that the petition contained 122 signatures. The letter has been distributed to the Council and WOODS MOVED to file both documents for the record. Johnson seconded and the motion parried. i The public hearing was opened by Council Presi- de:it White. George Xenos of Bellevue noted that the City staff had recommended that the property be zoned R1 -72 ( 7200 sq. ft. lots ) and that he supported this as consistent with the Comprehensive Plan and with the East Hill Plan. He noted that portions of the East Hill Plan' s Housing Element should be noted and considered. He referred to the findings as listed in the Hearing Examiner ' s report and commented on traffic and drainage, pointing out that any development would be limited because of the terrain. Mel Kleweno noted that he would like to use the video equipment at the August 18 hearing, and noted that his clients, Bowser & Flick, wanted the property zoned for 20, 000 sq. ft. lots. He referred to the steep grade of S. 218th and the regular flooding of Garrison Creek and Dointed ou that the city ordinance states that the drainage run-off after development may not be more than it was prior to development. He urged the Council to visit the site to note the traffic problems and pointed out that dur- ing snow, the area is sometimes inaccessible. Dave Mortenson stated that his home, situated Dn one acre, adjoined the site under discussion. He favored retaining this area in a rural state and noted that the topography did not tend itself to development. He commented that I - 2 - i July 7, 1986 ANNEXATION the specifics of the area should be considered ZONING an(i urged the Council to visit the site to note the grade, and observe the environment. He described the run-off in the area, which would increase if the area was developed. Jim Brinkley of 22002 92nd Avenue S. stated that development in his area had resulted in fill consisting of industrial waste from a steel plant and the natural drainage area wad not maintained. He urged the Council to con- sider the impact of increasing the zoning den- sity. Fred Ferguson pointed out that this area is full of natural springs and that the current run-off problem will be increased by allowing too many houses on this site. Bill Bowser noted that he was building a home adjacent to this site and stated that too many trees would have to be cut to allow for the density proposed and that the Council should consider the resulting erosion. Joan Thompson concurred that many springs existed and pointed outthat drainage water cut a trench on the back of her property. Her sewer connection disturbed a natural spring and careful planting had been required to hold the soil. Gary Neilsen commented on the high accident rate in the S. 218th area. Vic Bowser commented that a fire truck would have difficulty getting up the hill in time of snow and noted that for this reason a plat on 97th Avenue S. was required to have sprinklers in the homes. Jim Flick spoke in support of R1 -20 and noted that in 1977 the Lien Annexation consisting of 60 acres , had had the support of the owners of 75% of the property for R1 -20 zoning. The same concerns were expressed at that time. He suggested that consideration should be given to the zoning of areas surrounding this site. He painted out that he would show his video tape at the August 18 meeting. There were no further comments and BAILEY MOVED to continue the hearing to August 18, and for the record to 3ho;a that Kleweno ' s request for time to show the video tape would be honored. Woods seconded and the motion passed. Bailey i 3 - July 7 , 1986 ANNEXATION note:l '-hat the City should investigate the ZONING reference to rubble being used as fill . DiJulio noted that Councilmembers planning to visit the site should do so on their own and not on the specific invitation of one of the residents, thus observing the appearance of fairness doctrine. East Hill Community Well Annexation Area 1 . ANNEXATION On February 3 , 1986, Council authorized the circulation of the 75 percent petition for the proposed annexation of approximately 144 acres on the East Hill of Kent. The 75 percent peti- tion has been returned and signatures validated ey the property manager. It is recommended the 75 percent petition be accepted and the City Engineer be directed to file a notice of intent with the Boundary Review Board. JOHNSON MOVED that the 75 percent petition be accepted and the City Engineer be directed to file a notice of intent with the Boundary Review Board for annexation of the East Hill Community Well Annexation Area 1 . Woods seconded and the motion carried. STREET VACATION Street Vacation - 27th Avenue South. This public hearing on the vacation of a portion of 27th Avenue South requested by Eugene and Young Choy was continued from the June 16 meeting. The Planning Department has recommended approval with conditions. Council President White reopened the hearing. DiJulio noted that Don Schnitger had asked to have his property in,�luded and that the City had determined that this could not be done since public notice had been given for a specific legal description and a new petition would have to be submitted, enlarging the area to include Schnitger ' s property. It was also noted that the applicant did not wish to have Schnitger ' s property included. Schnitger suggested that the Public Works Department should look at 27th Avenue South,,as it appeared to him that the road would be within two feet of his house and that the applicant could get access from another way. Young Choy stated that it had been one year since she applied for the vaca- tion and she dial not want the application - 4 - i July 7, 1986 I STREET VACATION delayed. She suggested that Schnitger make application on his own. She noted that the vacation would make it easier to maintain the -oad and will allow a back road access by way of S. 246th instead of access from Highway 99. Upon Bailey ' s question, Wickstrom noted that the City does not do a survey on a plat, that the property owner would have to do the survey. DiJulio stated that the vacation has no impact on the right of way location and that the Public Works Department has determined that the City will not need the area proposer for vacation. Wickstrom explained that the vacation would give the Choys egress from S. 246th. WOODS MOVED to close the public hearing and to approve the vacation with the conditions recommended by the Planning Department and to direct the City Attorney to prepare the ordinance. John- son seconded and the motion carried. STREETS (CONSENT CALENDAR ITEM 5E) j Orillia Road & S. 212th Street Improvements. AUTHORIZATION for the Mayor to sign an agree- ment with the property owner for construction of a left turn pocket on Orillia Road and 42nd Avenue with expenses to be reimbursed to the City by the property owner. STREET USE Grant of Street Use Permit for the SIR Parade of Stars. Street use has been requested for Thursday, July .31 , 1986 , from 6 : 00 p.m. to 9: 00 p.m. Staging and parade route is as follows : City Hall parking lot at Third Avenue South and Gowe Street-$north on Fourth Avenue South to Meeker Street, east on Meeker Street to First Avenue South , south on First Avenue South to Gowe Street, west on Gowe Street back to the municipal lot . JOIiNSON MOVED to authorize the requested street use permit for SIR Parade of Stars. Woods seconded. Motion carried. REZONE Appeal of Hearing Examiner's Recommendation for the Crow-Spieker-Hosford Rezone Applicaion No. RZ86-1 . This date has been set for the public hearing to consider an appeal of Hearing Examiner ' s recommendation for the Crow-Spieker- Hosford rezone application. The Hearing Examiner has recommended denial of the application i - 5 - i July 7 , 1986 i REZONE which is to rezone an M-2 , Limited Industrial Zoning District, to G-C, General Commercial Zoning District, at the northwest corner of S. 212th Street and East Valley Highway. The property consists of approximately 2 . 2 acres. Ed Heiser of the Planning Department pointed out the location of the site, describing the other businesses in the area and the zoning of the adjacent areas. Upon White ' s question, DiJulio explained that the Council could uphold the Hearing Examiner ' s recommendation, modify it or refer the matter back to the Hearing Examiner. He pointed out that this hearing is based upon the record which has been sup- plied to all, and that additional evidence or testimony is not appropriate at this time. If the Council requires additional information, the matter should be referred back to the Hearing Examiner. He noted that the process provides for the appellant to have 30 minutes in which to explain his appeal . The hearing was opened by Council President White. Lance Stout, of McKenzie, Saito & Associates , noted that his firm had been working with Trammel Crow on this proposed rezone. He opined that the Hearing Examiner ' s Conclusion No. 2 citing that the rezone proposal was not in compliance with the Comprehensive Plan was in error. He noted that the Plan has references and policies relating to commercial development, and to the City ' s Goal 2 , which. is to assure suitable locations for commercial develop- ment. He stated that this site is well suited for commercial purposes. Stout referred to the Hearing Examiner ' s Con - elusion No. 3 , stating in part that the rezone would introduce retail uses into a heavy indus- trial use area. He noted that three corners of this intersection are now in commercial use although they are not zoned commercial. With regard to Conclusion No. 4, referring to setting .a precedent in the area, and referring also to strip commercial zoning, Stout contended that this was a unique circumstance because of the surroundings, and was not part of a develop- ment which w•3uld constitute a strip commercial I i i - 6 - i i July 7, 1986 i I REZONE situation. Regarding the Hearing Examiner Conclusion No. 5 referring to increased traffic , he questioned the statement that commercial zoning would generate twice as much traffic as industrial zoning. He noted further that the City itself is already committedto certain mitigating measures , one of which he believed to be acquiring property for left turn lanes. Richard Romney of Trammel Crow Company stated that additional traffic would not be generated, pointing out that a right turn lane was already planned and noting that the interchange for SR 167 and S. 212th would be completed within the next few months. He pointed out that commercial areas already exist and that another gas station could be placed on this corner site, but that the applicant thought a small commer- cial development would better serve the needs of the community. There were no more comments and WOODS MOVED to j close the hearing. Johnson seconded and the motion carried. Upon Bailey ' s question, it was determined that some of the developments in the area were now operating under Conditional Use permits. Heiser explained the "Permitted Uses" in the area. At White ' s request, DiJulio read the following frora Resolution 896 : Section 7. if the Council finds that: j (a) there has been substantial error; (b) the proceedings were materially affected by irregularities in procedure; or (c) the reconunendation was unsupported by ma- terial and substantial evidence in view of i the entire record as submitted; or (d) the recommendation is in conflict with the city's Comprehensive Plan; or (e) insufficient evidence was presented as to the impact on surrounding area; it may remand for a further hearing before the Hearing Examiner or may reject the Hearing Examiner's recommendation and deny the proposal as submitted by the Hearing Examiner. In addition, the Council may chose to modify the proposal and approve. 7 - I i July 7 , 1986 i REZONE Further, any proposal may be continued to a time certain for additional city staff analysis desired by the Council, before a final determination by the Council. If the Council finds none of the above procedural i or factual basis for the appeal and believes that there has been no substantial error, the Council may adopt the findings � of the Hearing Examiner, concur with the recommendations of the Hearing Examiner and approve the proposal as submitted by j the Hearing Examiner. i DiJulio noted that if the Council rejects the recommendation, staff_ should be directed to prepare the Councils ' findings on the matter. JOHNSON MOVED t.o adopt the findings of the Hearing Examiner and concur with the Hearing Examiner ' s recommendation for denial. Bailey seconded and the motion carried. HOUSING & (CONSENT CALENDAR ITEM 5G) COMMUNITY Letter of Intent to Apply for Housing & Community DEVELOPMENT Development Block Grant Funds for Public (Human) Services. AUTHORIZATION for the Mayor to sign a letter of intent to King County Housing & Community Development Division to apply for 1987 Block Grant Funds for Public (Human) Services funding. i (CONSENT CALENDAR ITEM 5H) Letter of Intent to Apply for Housing & Community Development Block Grant Funds for Block Grant Administration. AUTHORIZATION for the Mayor to sign a letter of intent to King County Housing & Community Development Division to apply for the use of 1987 Block Grant Funds for the City of Kent Block Grant Program Admin- istration. i (CONSENT CALENDAR ITEM 5I ) 1987 City of Kent Community Development Block Grant Local Program Policies. APPROVAL of local program policies guiding the use of 1987 Block Grant monies in Kent. GARBAGE (CONSENT CALENDAR ITEM 5K) Amendment of Garbage Rate Ordinance. ADOPTION of Ordinance 2642 relating to garbage rates . As discussed with the Operations Committee at 8 - i July 7 , 1986 GARBAGE their June 30 meeting, this item appears on on the Consent Calendar to amend Ordinance 2636 to correct the commercial garbage rates. j The information provided to the Council of a 4. 8 percent increase was miscalculated in computing the commercial rates. The majority of those rates , as shown in the new ordinance, are adjusted downward. HEALTH & (CONSENT CALENDAR ITEM 5C) SANITATION High Meadows II. ACCEPTANCE of the bill of sale and warranty agreement for approximately 372 feet of water main extension, 557 feet of sanitary sewer improvements constructed in High Meadows II Plat in the vicinity of 103rd Avenue j S.E. and S.E. 228th and release of the cash bond after expiration of one year maintenance period. i (CONSENT CALENDAR ITEM 5D) Electric Car Company. ACCEPTANCE of the bill of sale and warranty agreement for approxi- mately 140 feet of sanitary sewer improvements constructed in the vicinity of 84th Avenue S. and S. 216th and release of the cash bond after expiration of the one year maintenance period. TRAFFIC CONTROL (CONSENT CALENDAR ITEM 5F) 212th & Frager/Russell Road Road Signing Costs. AUTHORIZATION to transfer $7, 000 from the unencumbered street fund to the 212th & Frager/ Russell Road Fund for cost of constructing and installing "no left turn" signs as approved by the Public Works Committee. MIDWAY LANDFILL (CONSENT CALENDAR ITEM 5L) Department of Ecology Permit. APPROVAT, of Washington State Department of Ecology Methane Extraction Well Permit for Kent Fire Station No. 73 property on West Hill for a four-month period, as recommended by the Public Safety Committee. SOUTH KING COUNTY (CONSENT CALENDAR ITEM 5J) ACTIVITY CENTER South King County Activity Center - Ordinance. ADOPTION of Ordinance 2641 entitled: AN ORDI- NANCE of. the City of Kent, Washington, relating 9 - i i July 7, 1986 SOUTH KING COUNTY to the South King County Activity Center and ACTIVITY CENTER the Kent Commons; providing a $400. 00 grant through transfer of funds from the Contingency Fund to the Kent Commons Fund. This ordinance was requested by the Council at its meeting on June 16, 1986 . PUBLIC SAFETY Public Safety Bond Issue. At the June 23 workshop, Council gave their support to the Public Safety Bond Issue and encouraged the com- mittee to move forward. After a subsequent meeting/discussion between the Mayor, City Administrator and members of the Citizen' s Public Safety Bond Review Committee, staff was directed to begin the process to place the recommended Fire/Police Bond Issue on the November ballot. The City Attorney, working with the Finance Director, will prepare the Bond Issue Ordinance for the July 21 meeting. It was identified that, given the past history of the community' s turnout at primaries , the best opportunity for validation and passage of the bond issue would be November. At the same j time, the passage of the ordinance would enable the appointed Citizens ' Committee time to begin working in earnest on the bond issue. Chief Frederiksen and Chief Angelo respectfully request authorization for preparation of the proposed ordinance for the Public Safety Bond Issue. JOHNSON MOVED that the $12. 303 million Public Safety Bond Issue be placed on the November ballot, and for the ordinance to be prepared for the July 21 Council meeting. Woods seconded and the motion carried. I POLICE Completion of Corrections Facility. As discussed at the Operations Committee meeting of June 30, 1986 , the appropriation and transfer of $95, 000 from the City ' s Capital Improvement Fund to the Corrections Facility Project is requested. This transfer, in the nature of a loan, will be for a period of time not to exceed 14 months and at a rate of seven per- cent. The transfer will allow the completion cf the Corrections Facility project including landscaping and the payment of all project i i - 10 - I i i July 7, 1986 POLICE cost. BAILEY MOVED to approve the loan as described, Woods seconded. Bailey noted that the fact that the City was late in providing the landscaping for this facility was due to a series of unforseeable setbacks for agencies which had planned to participate in the land- scaping costs. White pointed out that the City would have to be understanding in the future when private enterprise failed to promptly comply with the landscaping require- ments. Motion carried. KENT CORNUCOPIA 1986 Cornucopia Days Festival - Ordinance. DAYS ks requested by the Kent Lions Club, the City Attorney has prepared Ordinance 2643, grant- ing a street use permit to Kent Lions Club for the Kent Cornucopia Days Festival and specifying the terms and conditions for same. WOODS MOVED to adopt Ordinance 2643 , Bailey seconded and the motion carried. Council President White read a request from JoAnne Wales of Esther ' s Flower Shop, to string plastic pennant flags across lst Avenue South between Titus and Gowe during Cornucopia Days. It was determined for Chief Angelo that the banners would be more than 15 feet above the street. WOODS MOVED to authorize the request, Bailey seconded. Motion carried. i FINANCE (CONSENT CALENDAR ITEM 5B) Payment of Bills. APPROVAL of payment of the bills received through July 7 after audit- ing by the Operations Committee at its meeting at 8: 30 a.m. on July 15 , 1986. COUNCIL Planning and Parks Committee. Woods noted COM9ITTEES that the Planning Committee would meet at 3: 00 p.m. on Wednesday, July 9, in the 2nd floor conference room. Public Works Committee. Johnson noted that the Public Works Committee would meet at 4: 15 on Wednesday, July 9, in the Engineering Con- ference Room. i I i i I i July 7, 1986 I COUNCIL Operations Committee. Bailey noted that the COMMITTEES committee would meet at 8: 30 a.m. on July 15, 1986 . ADJOURNMENT MOODS MOVED that the meeting be adjourned 3t 8: 55 p.m. , Johnson seconded. Motion carried. i i I i i Marie Jen en, CMC i City Clerk I i I i i I I i i i I I i I 12 - I