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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/15/1986 Kent, Washington September 15, 1986 Regular meeting of the Kent City Council was called to order at 7: 00 o' clock p.m. by Mayor Kelleher. Present: Councilmembers Bailey, Biteman, Dowell, Houser, Johnson, White and Woods, City Administrator McFall, City Attorney DiJulio, Planning Director Harris and Public Works Director Wickstrom. Also present: Finance Director McCarthy and Personnel Director Webby. Approximately 50 people were in attendance at the meeting. PROCLAMATIONS KOMO Radio Day. A proclamation was read by Mayor Kelleher declaring Friday, September 19, 1986 as "KOMO Radio Day" in honor of its 60th anniversary. Constitution Week. Mayor Kelleher read a proclamation declaring the week of September 17 through 23 , 1986 , as Constitution Week and noted that September 17, 1986 marks the one hundred ninety-ninth anniversary of the draft- ing of the Constitution of the United States of America by the Constitutional Convention. POW/MIA Recognition Day. A proclamation was read by Mayor Kelleher declaring September 18 as POW/MIA Recognition Day in the City of Kent. He requested that the City Council con- sider, in conjunction with the 1987 budget pro- cess, the appropriation of $40. 00 for the pur- chase of a POW/MIA flag to be flown on selected holidays in support for our POW/MIAs. Tomoka Ashida Day. Mayor Kelleher introduced Ms. Tomoko Ashida, who is the resident exchange student from Kaibara for the 1986-87 year. He presented Ms. Ashida with a proclamation declar- ing her an honorary citizen of Kent and further declaring September 16 , 1986 as Tomoko Ashida Day in the City of Kent. Andrea Lingus dis- played several gifts from Kaibara which were received at the twentieth anniversary celebra- tion of the Kent-Kaibara Sister City affiliation in Hawaii . - 1 - September 15, 1986 AWARD Cultural Arts Award. Mayor Kelleher noted that Kent had recently received the Pacific Northwest Regional Council of the National Park and Recreation Association Award for the most creative Cultural Arts program in the Pacific Northwest, for cities under 75, 000 population. The City has now received this award for the entire country and the Cultural Arts Program was commended by the Mayor, Council and audience. CONSENT CALENDAR WOODS MOVED that the Consent Calendar Items A through 0, with the exception of Item L which was removed by Councilmember Biteman, be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 2 , 1986. HEALTH & 1985 Sanitary Sewer Rebuild. Bid opening was SANITATION held September 10th with twelve bids received. The low bid was submitted by Shoreline Construc- tion in the amount of $892 , 687. 65. During the bid call process , two adenda were added and sent to the plan holders . The low bidder acknowledged receipt of both addenda in his bid; however, he failed to include an added bid item in his proposal. Shoreline has stated that if awarded the contract, they will provide the additional item without charge. Wickstrom recommended that the contract be awarded to the low bidder. JOHNSON MOVED that the low bid from Shoreline Construc- tion in the amount of $892, 687 . 65 be accepted and that the irregularity in the proposal be duly noted. White seconded and the motion carried. Wickstrom noted that while the funds for this project were not specifically budgeted in the 1986 budget, the narrative therefor noted that the Department was preparing construction plans on a $2 , 000 , 000 sewer rebuild project for which the funds were anticipated to come from the unencumbered sewer utility funds . He pro- posed that a budget be established for this pro- ject in the amount of $1 , 151 , 956 and that funds come from the unencumbered sewer utility funds. JOHNSON SO MOVED. Bailey seconded and the motion carried. - 2 �I September 15, 1986 WATER (CONSENT CALENDAR ITEM 5I ) West Hill Water System Pump Station No. 8. ACCEPT as complete the contract with Puget Sound Utility Service and release of the retainage after receiving the necessary releases from the State. (CONSENT CALENDAR ITEM 5J) Nazarene Church Addition. ACCEPTANCE of the bill of sale and warranty agreement for con- tinuous operation and maintenance of approxi- mately 251 feet of water main extension con- structed in the vicinity of Alvord Avenue and James Street and release of the cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR ITEM 5K) Ten Dollar Door-Hanger Charge. ADOPTION of Ordinance 2657 amending Ordinance 2371 , replac- ing the $5. 00 charge for delinquent utility bills with a $10. 00 charge for those accounts which require door-hanger notices. This was discussed at the September 8, 1986 workshop. STREETS (CONSENT CALENDAR ITEM 5H) 98th Avenue Street Improvement. ACCEPT as complete the contract with Kodo Construction and release of the retainage after receiving the necessary releases from the State. Orillia Road and S. 212th St. Street Improve- ments. Bid opening was held August 29 with three bids received. The low bid was submitted by Scoccolo Construction in the amount of $626 , 549. 30 . Because the bids exceeded the budget established for the project, award was delayed for further review. The project was reduced in size and bids verified to ascertain that the low bidder remained the same. The City Attorney has advised that if the low bidder would accept the change in scope of work without changing his unit prices for the contract quantities, the contract could be awarded. Scoccolo Construction has indicated they would do so. Based on the revised scope of work, the low bid amount would be $533 , 980. 30. Including a 10% contingency fund, the total project cost is anticipated to be $672 , 400. Presently $646 , 000 is available. - 3 - September 15, 1986 STREETS Because this project is jointly funded by King County and Urban Arterial Board, Wickstrom recom- mended that the contract be awarded to Scoccolo Construction in the amount of $533, 980. 30 subject to King County and UAB concurrence and that $26 , 400 be transferred to this fund from the completed street fund. JOHNSON SO MOVED. Woods seconded and the motion carried. UPLANDS SOUTH- (CONSENT CALENDAR ITEM 5G) CENTER CORPORATE Southcenter Corporate Park. As required by the PARK plat ' s conservation easement, APPROVAL of amendments to Uplands Southcenter Corporate Park covenants and restrictions. EAST HILL PLAN (CONSENT CALENDAR ITEM 50) East Hill Commercial Plan Amendments. GRANTING of a three-month time extension for this project, to mid-January 1987 , as requested by the Plan- ning Department . ZONING AND (CONSENT CALENDAR ITEM 5E) SUBDIVISION Zero Lot Line Development ordinance. ADOPTION CODE AMENDMENTS of Ordinance 2656 relating to zoning and plan- ning, providing for zero lot line development and subdivisions ; creating a new subchapter within the Kent Zoning Code consisting of Sections 15. 08 . 300, 15. 08. 310, 15. 08. 320, 15.08. 330 and 15 . 08. 340 ; adding a new Section 3. 1 . 11 to the Kent Subdivision Code. This ordi- nance was referred to the Planning Committee on September 2 for their review. PRELIMINARY PLAT (CONSENT CALENDAR ITEM 5F) NorPac Division 3 Preliminary Plat. SETTING the date of October 6 , 1986 for the public meeting at which the Council will consider the Hearing Examiner ' s recommendation on the NorPac Division 3 Preliminary Plat. WEST HILL PLAN Appeal of Hearing Examiner Recommendation made IMPLEMENTATION by Charles Reasy (Part of West Hill Plan Imple- mentation Plan) . This date has been set for the public hearing to consider an appeal of the (Reasy Appeal ) Hearing Examiner ' s recommendation for the Charles Reasy property zoning. As part of the West Hill Plan Implementation, the Hearing Examiner has recommended that the Reasy pro- perty, known as part of Site Number 10 in the -- 4 - September 15 , 1986 WEST HILL PLAN West Hill Plan Implementation Hearing, be IMPLEMENTATION zoned from MRM, Medium Density Multi-Family Residential (maximum density - 23 units per acre) , to R1 -20, Single Family Residential (minimum lot size of 20 , 000 square feet ) . Materials pertaining to the Hearing Examiner ' s recommenda- (Reasy Appeal ) tion and the appeal have been distributed with the agenda packet. Fred Satterstrom of the Planning Department described the property as part of Site 10, con- sisting of 2 . 6 acres , designated as tax lot 77 . He showed slides of the area and pointed out that the Hearing Examiner ' s recommendation cited the environmental protection of the property and the protection of the single family homes along the ridge. The public hearing was opened by Mayor Kelleher. Charles Reasy noted that he had purchased the property in 1976 to build multi-family units, but then a moratorium and high interest rates prevented the development. He objected to the proposed down-zone of his property and stated that development could take place adhering to the City ' s codes and stated further that he was willing to sign an agreement to not build on the constrained area. Amy Kosterlitz , attorney for Reasy, noted that this property was annexed to the City in 1958 and had been zoned multi-density all these years. She pointed out that on September 2 , 1986 the Council had voted to retain MRM zoning for the property adjacent to Reasy ' s. She stated that the proposed down-zone would create spot zoning, that multi-family zoning could protect the environment as well as single- family zoning and that retention of multi- family zoning supports the housing policies of the West Hill Plan. Kosterlitz noted that the part of the property on the slope was in a constrained area , so the Reasy property would support only a 22-unit development. She pointed out that MRM zoning would create a logical transition between Swiss Gables ( 66 units ) and single -family zoning to the south. She urged that the existing MRM zoning be retained, or that the site be designated as Garden Density - MRG. - 5 - September 15, 1986 WEST HILL PLAN She pointed out that the City ' s West Hill Plan IMPLEMENTATION reflects an increase in density for this site to allow residential development. The hazardous area ordinance makes down-zoning, in order to protect the slope, unnecessary. (Reasy Appeal ) John Crull of Construction & Development Services showed a sketch entitled Appendix C, showing that the portion of the site which was buildable would support 22 units. Analysis of soils and engineering issues have shown that multi-family development will have no greater impact than single-family development. There were no further comments and a motion was passed to close the hearing. (A letter from Amy Kosterlitz , dated September 9 , 1986 , along with sketches labeled A, B, and C have been filed for the record. ) Upon Bailey ' s question, Satterstrom clarified the grade of the access road to the site. DiJulio clarified for Bailey that the Council could elect to zone the property MRG and that the appellant had suggested this as an alterna- tive. Biteman noted that he had driven the acces road and was satisfied that the grade would be acceptable after development. He noted that the plateau seemed well suited to MRG zoning. WHITE MOVED to adopt MRG zoning and for the Appendix C sketch showing the 22 units to be a part of the ordinance. Bailey seconded. Kosterlitz noted that a small parcel at the foot of the slope could not be developed by Reasy because it was landlocked. If this piece were sold to Woodland Estates , the MRG zoning might be a problem. Harris noted that this should not be addressed as part of this hearing. DiJulio clarified that, if necessary, a rezone could be sought. White ' s motion carried unanimously. (Pettijohn Appeal ) Appeal of Hearing Examiner Recommendation for the Zoning of Site 3G, (Part of the West Hill Plan Implementation) . Upon the appellant ' s request, this appeal was continued from the Council ' s public hearing of September 2, 1986 to this date. This is an appeal made by Hal Pettijohn, of the Hearing Examiner ' s recom- 6 - I I September 15, 1986 WEST HILL PLAN mendation for the Site 3G zoning. As part of IMPLEMENTATION the West Hill Plan Implementation, the Hearing Examiner has recommended that Site 3G be zoned from NCC, Neighborhood Convenience Commercial, to R1 -7 . 2 , Single Family Residential (minimum lot size 7 , 200 square feet ) . Material pertain- (Pettijohn Appeal ) ing to the Hearing Examiner ' s recommendation and the appeal have been distributed with the agenda packet. Fred Satterstrom of the Planning Department des- cribed the property as approximately 8. 5 acres , with slightly over one acre owned by the City, housing a water tower. Approximately seven acres are privately owned, for which a commercial shopping center is proposed. The public hearing was opened by Mayor Kelleher. Mike Rodgers, attorney for the owners , Mr. Petti- john and Mr. Pike, stated that his clients had owned this property for eight years, that it had been zoned commerical even before the existing homes in the area were platted, and that his clients had the right to develop it. He pointed out that the building plan for this development has been accepted by the City. Rodgers stated tht the City ' s Hearing Examiner had violated the appearance of fairness doc- trine because she had previously heard testi- mony for the environmental review process on the application for the building permit for this project and had made findings of fact and con- clusions thereon before conducting the hearings on the implementation of the West Hill Plan. He pointed out that the West Hill Plan had always designated this property as "Park" and noted that if the City wants a park, the property must be purchased or condemned for that purpose. Rodgers urged the City to table action on this appeal until after the November election, noting that the city will have a public safety bond issue on the ballot which could provide funds for parks property or for property for a fire station. He suggested that the city should plan to have a different Hearing Examiner consider this matter to avoid litigation. He pointed out that the city would not acquire this pro- perty under single-family values . 7 - September 15 , 1986 WEST HILL PLAN Jeff Mann of Pac Tech Engineering, noted that IMPLEMENTATION when the West Hill Plan designated this com- mercial property as Park, provision should have been made for acquisition of the site. He concluded that changes in the area such as ( Pettijohn Appeal ) additional homes and additional people supported the commercial. zoning, pointing out also that Military Road was still a major north/south corridor. - Ed Nelson of 3525 Canterbury Lane,, stated that residents of the area supported the Hearing Examiner ' s recommendation and noted that there were ample places for shopping in the area. Greg Greenstreet, 26215 33rd Avenue South, noted he had actively followed the process on this matter and urged the Council to uphold the Hearing Examiner ' s recommendation and to not delay action. Mark Ekern of 26819 Downing Avenue South, stated that he supported single-family housing or a fire station for the property in question, pointing out that there were suffi- cient shopping centers in the area. There were no further comments and the hearing was closed b motion. SNOODS MOVED to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner ' s recommendation to rezone Site 3G from NCC, Neighborhood Con- venience Commercial , to R1 -7. 2 , Single Family Residential. White seconded. Upon Bailey ' s question about the references to the appearance of fairness, DiJulio stated that he was convinced and that he had so advised the Hearing Examiner, that there had been no violation of the appear- ance of fairness doctrine and further, that if the city were to acquire this property it would be at commercial value. He clarified that Kent ' s Hearing Examiner was a part-time employee of the city and not a "fee " examiner hired on a case-by-case basis . Biteman noted that he would abstain from voting on this matter because of the similarity of property considerations . The motion carried unanimously, with Biteman abstaining. 8 - i September 15, 1986 I SOLID WASTE Upon McFall ' s request for updated information, DiJulio noted that at the last workshop, September 8, the Council determined to publish LANDFILL a call for bids for the City ' s solid waste contract starting January 1 , 1987 , based upon the ability of the City to access Cedar Hills landfill through the use of a state franchised hauler. He noted that the Council ' s expression of con- cern about the current status had resulted in several meetings this week between Kent ' s legal staff and County representatives. Current issues are summarized as follows : 1 . Assurance that the County will not interfere with the closure of Kent Highlands Landfill no later than December 31 , 1986 , as agreed in court order between Seattle and Kent. 2. Demand by King County for contributions to the King County Solid Waste reserve fund for access to the County system. 3. If the City agreed to such contributions, Kent needs to have "favored nation" status since Kent is least responsible within the County with respect to King County ' s Solid Waste operations, and the costs relating thereto. 4 . Recycling, which is a priority for the com- munity, but which program may be delayed. DiJulio noted that the Council would be kept informed as developments occur, INSURANCE ( CONSENT CALENDAR ITEM 5C) Puget Sound Cities Insurance Authority. ADOPTION of Resolution 1111 approving the name change of the Puget Sound Cities Insurance Authority to the Washington Cities Insurance Authority. The name change is necessary to reflect the recent state-wide membership. - 9 - I i September 15 , 1986 CABLE TV (CONSENT CALENDAR ITEM 5D) Transfer of Cable Franchise. SETTING the date of October 6 , 1986 , for a public hearing to consider further the cable television franchise transfer from Group W Incorporated to TCI Cable Vision of Washington, Inc. PLANNING ( CONSENT CALENDAR ITEM 5L) COMMISSION REMOVED AT THE REQUEST OF COUNCILMEMBER BITEMAN Appointment to Planning Commission. WOODS MOVED to confirm the Mayor ' s appointment of Anne Biteman to the Planning Commission to fill an unexpired term to December 1986 . Houser seconded. Biteman noted his long term concern w with nepotism and stated that he would personally y have to make explanations about this appointment. He stated that this was reason to suggest that the Mayor search among the other available candi- dates to fill this position. The motion carried with Biteman opposing. BOARD OF (CONSENT CALENDAR ITEM 5M) ADJUSTMENT Appointment to Board of Adjustment. CONFIRMATION of the Mayor ' s appointment of Chuck Lambert to the Board of Adjustment to fill an unexpired term to 1987. T, FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through September 22, 1986 , after auditing by the Operations Committee at its meeting at 8: 30 a.m. on September 30 . COUNCIL (CONSENT CALENDAR ITEM 5N) Council Meeting of October 6, 1986 - Location. CHANGING the location for the Council meeting of October 6 , 1986 , from the Kent City Hall to Sequoia Junior High School . COUNCIL Public Works Committee. Johnson noted that COMMITTEES the Public Works Committee would meet at 4 : 15 on September 17th in the Council Chambers . Planning and Parks Committee. Woods noted that the Parks Committee would meet at 2 : 00 p.m. and the Planning_ Committee at 3 : 30 p.m. on _)aptem')ar ".2nd. 10 - i September 15 , 1986 EXECUTIVE At 8 : 55 p.m. , McFall noted that there would be SESSION a brief executive session to discuss labor relations. ADJOURNMENT The Council reconvened at 9: 15 p.m. , and then adjourned. Marie Jensen rCMC City Clerk - 11 -