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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/01/1986 Kent, Washington December 1 , 1986 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bailey, Biteman, Dowell, Houser, White and Woods, City Administrator McFall, Acting City Attorney Williamson, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also pre- sent: Fire Chief Angelo, Police Chief Frederiksen and Personnel Director Webby. Councilmember Johnson was not in attendance. Approximately 35 people were at the meeting. PERSONNEL Employee of the Month. Acting City Attorney Williamson introduced Jane Bridge, Legal Office Assistant in the City Attorney ' s Office, who has been named Employee of the Month for December. The Mayor commended Ms. Bridge for her courtesy and positive attitude and presented a plaque to her. AUDIENCE Bill Young noted that he has lived in the area for 23 years and thanked the Mayor and City Council for putting together the first Town Meeting. He stated that it had been needed for a long time and that he looks forward to future meetings. CONSENT CALENDAR HOUSER MOVED that Consent Calendar Items A through P be approved, and Item Q be removed. White seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 17 , 1986 . HEALTH & LID 325 - 76th Avenue South Street Improvement - SANITATION Ordinance. Public hearing on the formation of the LID was held on November 17. The hearing was closed at that time; however, Council requested that a traffic study analysis be done by staff and that the Public Works Committee review same. This study has been completed and the Public Works Committee reviewed it at their November 20 meeting. The study has determined that the road width as originally planned is satisfactory and the Public Works Committee recommends the ordinance creating the LID be adopted. WOODS MOVED to adopt Ordinance 2683 creating LID 325 , White seconded. Motion carried. i December 1 , 1986 HEALTH & (CONSENT CALENDAR ITEM 5M) SANITATION Latecomer Agreements. AUTHORIZATION for pre- paration of Latecomer Agreements and authori- zation for the Director of Public Works to sign same for the following: 1 . Approximately 344 fet of sanitary sewer extension in the vicinity of S.E. 256th and 109th Avenue S.E. for the Teter Building. 2. Approximately 723 feet of sanitary sewer extension constructed in the vicinity of S.E. 248th and 104th Avenue S.E. for the East Hill Office Building. 3 . Approximately 1 , 000 feet of sanitary sewer extension construction in the vicinity of S .E. 282nd Street for Kentridge Estates. WATER (CONSENT CALENDAR ITEM 5J) Kent/Clark/Hango-Water System Improvement Agree- ment. AUTHORIZATION for the Mayor to sign an agreement with the Clarks and Hango allowing temporary water service to their residences. (CONSENT CALENDAR ITEM 5L ) Kent/Kent Nursery Agreement. AUTHORIZATION for the Mayor to sign an agreement with the Kent Nursery in which the City agrees to reimburse the Kent Nursery for development of a new well facility. 125,000 Gallon Tank - Utility Building. Bid opening was held on November 25, with four bids received. The low bidder was Mayer Construction Co. , Inc. , in the amount of $28, 738. 00. Wick- strom noted that an additional $7, 126 is required for this project. He recommended that that amount be transferred from unencum- bered water funds and that the low bid be awarded to Mayer Construction in the amount of $28, 738. 00. WHITE SO MOVED. Woods seconded and the motion carried. DRAINAGE (CONSENT CALENDAR ITEM 5K) Boeing Agreement. AUTHORIZATION for the Mayor to sign an agreement with the Boeing Company allowing them to maintain the drainage ditch within the fence at their Kent Space Center East building. - 2 - December 1 , 1986 STREETS (CONSENT CALENDAR ITEM 5H) LID 310 - 72nd Avenue South Culvert. AUTHORI- ZATION to set January 5, 1987 as the date for a public hearing on the final assessment roll for LID 310. (CONSENT CALENDAR ITEM 5I ) Scoccolo Agreement - Orillia Road and South 212th St. Street Improvements. AUTHORIZATION for the Mayor to sign the agreement with Scoccolo Construction which will allow money owed to the City by Armondo Scoccolo to be deducted from his pay estimates for the Orillia Road and S. 212th St. street improvement project. STREET VACATION Street Vacation - 27th Avenue South. This date has been set by Resolution 1115 to consider the vacation of a portion of 27th Avenue South. The staff recommends approval with conditions : 1 . The City shall retain utility easement rights on that portion of 27th Avenue South to be vacated and shall have the right to grant such easement rights to other public or private utility providers. 2 . Compensate the City at one-half the full appraised value of that portion of 27th Avenue South to be vacated ( 27th Avenue South is classified as a Class C street under Ordinance 2333, which permits the City to collect one-half the appraised value of the vacated street) . The Mayor declared the public hearing open. Don Schnitger, 24603 27th Avenue S. , noted that he owns Lots 1 and 2 and asked what was planned for the area. He stated that if vacated, the street would be too close to his house and asked that someone survey the property. Wick- strom noted that such a survey is the property owner ' s responsibility. He noted that a similar vacation for the applicants, the Choys, was approved by the Council in June, but that they did not pay the required half of the appraised value so the street had not been vacated by the City. This application covers a shorter strip of 27th Avenue South. Harris pointed out that this proposed vacation was further 3 - December 1 , 1986 STREET VACATION away from Schnitger ' s property than the last one was. In response to Schnitger ' s question, Mr. McIntyre of 9025 11th SW, Seattle, repre- senting the Choys , stated that the plans the property should not have an impact other than perhaps eventually using 27th Avenue South for access to S. 246th. He stated there would probably be an access also made from Lot 32 to Pacific Highway. He opined that the only impact of the vacation would be to improve 27th Avenue, which in turn could raise the value of the adja- cent properties . Harris noted that the hearing was delayed on the original application on Schnitger ' s same complaints. Wickstrom noted that if the property is vacated and is then developed, the owners would have to make full improvement of the road and provide the surveys necessary for that road. There were no further comments and BAILEY MOVED to close the hearing. Biteman seconded and the motion carried. BITEMAN MOVED to refer the proposed vacation to the Public Works Com- mitte for recommendation. White seconded and the motion carried. SOLID WASTE Myron Harr expressed interest in the solid waste program and voiced his disapproval of the oppo- sition for not coming up with alternatives and better support for the local administration to develop and administer an intelligent solid waste program. Jerry Hardebeck of Rainier Disposal asked whether there would be any licensing or permit processes to go through if Meridian Valley Dis- posal takes over garbage collection on January 1 . McFall advised that licensing provisions are anticipated and that recommendations will be made at the next workshop on December 8. BUDGET Boy Scouts of America. Dr. George Daniels, representing the Board of Directors of the Chief Seattle Council of Boy Scouts , and Paul Morford, Chairman of the Green River Group, noted that the Scouts had an immediate need for $2 , 000 , related to increased growth. It was pointed out that this is a one-time request, and that the scouting program costs approximately $50 4 - December-- 1 , 1980 BUDGET per year per boy , as compared with $20 , 000 per- year to institutionalize one person. Morford stated that this was a good investment for the City. DOWELL MOVED to approve the request and to appropriate the funds. Biteman seconded. Bailey noted that he would support the motion but pointed out that formation of a Human Resources Commission was underway , and one of the provisions thereof was that no funds for social purposes would be granted without recom - mendation from the Commission to the Council . He suggested tna'L uny r)ther requests of this type be delayed until the Commission is func- tioning . Biteman and White concurred with Bailey. Upon White ' s question, McFall noted that the funds could come from the ending fund balance for 1986 , but that , of course such funds would then not be available to the City in 1987 . Mayor Kelleher determined that. some members had already been appointed and that the com- mission could he operating by January . Williamson suggested that in accordance with State statutes , the Council should make findings as to the service to be returned to the community for the funds . Biteman pointed out the services rendered to the Police Department by the Explorer Scout; and Williamson stated that this service would be sufficient to cover appropriating the money for the Scouts . It was agreed that these findings would be added to the motion , and the motion then carried unanimously. ( CONSENT CALENDAR ITEM 5Q) REMOVED FROM CONSENT CALENDAR Budget Ordinance_ . Ordinance 2682 approving the budget for 1987 has been prepared . The required public hearing on the 1987 Budget was held by the City COuncil at their meeting of November 17 . No comments were received from the public at the time. Written comments on the budget have been received from the Chamber of Com - merce. The final budget to be adopted by this ordinance totals $41 , 376 , 123 . Joe Street asked if the Mayor had participated in the preparation of the budget since he had co-signed the letter of transmittal with McFall . Kelleher noted that the role of the City Admini - strator , in part. , was to assist the Mayor in - 5 i December 1 , 1986 BUDGET preparing the budget , and that although the Administrator prepared the budget in a very comprehensive way, he, as Mayor , had provided input, and was by statute, responsible for the budget. Street noted that the budget contained an expenditure of $300 , 000 to support recrea- tion programs for those who live outside the city, and who do not pay taxes to support such programs . He stated that the Earthworks park had not provided parking spaces as required for the large number of citizens attending the outdoor theater programs , and policemen were required to direct traffic . Street objected to the amount of the King County Health Depart- ment bill and suggested that Kent join Auburn and Renton in protesting the amount. Kelleher noted that the decision on paying the amount billed had not been made as yet. It was deter- mined for Street that the City ' s cost for bill- ing of utilities will not be cut when a private concern takes over the garbage collection after January 1 . Street commented also on the cost of the pictures of the elected officials which have been placed in the lobby and noted the political ramifica- tions of same. Mayor Kelleher noted that all of these items were handled in consultation with the Council and the Administrator and that the budget as presented was supported by them. WHITE MOVED to adopt Ordinance 2682 approving the 1987 Budget at a total of $41 , 376 , 123 . Woods seconded and the motion carried. ECONOMIC Northwest Aluminum Products Inc. - Economic DEVELOPMENT Development Corporation Application - Resolution. CORPORATION Northwest Aluminum Products , Inc. has applied for Industrial Development Bond financing through the City of Kent Economic Development Corporation in the amount of $700 , 000 for con- struction of a new manufacturing and warehouse facility and related office space and parking facilities , including improvement of the adja- cent, existing manufacturing facility and acquisi- tion of heavy equipment. Proper legal notice has been given for this hearing. 6 - i December 1 , 1986 ECONOMIC The Mayor declared the public hearing open. DEVELOPMENT There were no comments from the audience and CORPORATION no correspondence has been received. BITEMAN MOVED to close the public hearing. Woods seconded and the motion carried. The Northwest Aluminum Products application for Industrial Revenue Bonds was approved by the City of Kent Economic Development Corpora- tion at a special meeting held at 6: 30 p.m. this date. BITEMAN MOVED to adopt City of Kent Resolution 1119 approving the issuance of Industrial Revenue Bonds in the amount of $700 ,000 and approving Resolution 1986-45 of the EDC authorizing the sale of the bonds to provide funds for the project as shown above. White seconded and the motion carried. TAX LEVY (CONSENT CALENDAR ITEM 5N) ORDINANCE Property Tax Levy Ordinance. ADOPTION of Ordinance 2681 setting the property tax levies for 1987 . The levies are based on an assessed value of $2 , 284 , 807 , 926 . The levies are per thousand dollars of assessed valuation and are as follows: General Fund 2 . 45693 City Hall Debt Service Fund . 03804 Fire Apparatus Debt Service . 01996 Public Safety Debt Service . 63463 These levies were discussed in the review of the 1987 Budget. INTERLOCAL (CONSENT CALENDAR ITEM 50) AGREEMENTS Resolution Supporting Interlocal Agreements Between Kent and King County. ADOPTION of Resolution 1121 approving the concept of Inter- local Planning Agreements with King County and adopting terminology associated therewith. LIBRARY Acceptance and Approval of Library Recommenda- tion Regarding Library Facilities. At the November 24 workshop, the Library Board reported to the City Council on the results of their study of Library facilities . The recommendation of the Library Board was for the construction of a new Library of approximately 25, 000 square feet to be located in the downtown core area. - 7 - December 1 , 1986 LIBRARY WOODS MOVED that the recommendation of the Library Board for construction of a new Library building of approximately 25 , 000 square feet located in the downtown core area , be accepted and that the Library Board be directed to make a recommendation to the City Council no later than February 16 , 1987 , regarding site selection and possible financing for the new Library facility. Upon Bailey ' s question, McFall noted that staff will be preparing criteria for site selection with the Library Board. White seconded and the motion carried. TRAFFIC CONTROL ( CONSENT CALENDAR ITEM 5G) LID 326 - Sequoia Signal - Resolution. ADOPTION of Resolution 1120 setting January 5 , 1987 as the date for a public hearing on the formation of LID 326. FIRE DEPARTMENT (CONSENT CALENDAR ITEM 5C) Inspection Agreement with King County - Fire Department. As recommended by the Public Safety Committee, AUTHORIZATION for the City to enter into an agreement with King County whereby the Kent Fire Department will provide an annual fire inspection service to the busi- ness community located within the boundaries of Fire District 37 . This agreement has been in effect since January 1985 and requires authorization each year . (CONSENT CALENDAR ITEM 5E) Fire and Emergency Services Agreement with King County - Fire Department. AUTHORIZATION for the Mayor to sign the agreement for fire and emergency medical services and joint operation of facilities for King County Fire District 37 . PARKS DEPARTMENT ( CONSENT CALENDAR ITEM 5D) Special Olympics - Parks Department. As recommended by the Parks Committee at its November 13 meeting , AUTHORIZATION to enter into an agreement with the Kent School District and Area 19 Special Olympics to provide Special Olympics programs for the Kent Special Education students. The Parks Department will receive a $5 , 000 grant from the Special Olympics Area 19 Board. 8 - December 1 , 1986 FINANCE (CONSENT CALENDAR ITEM 5F ) DEPARTMENT LID Interim Financing Authorization. As dis- cussed at the Council workshop of November 24 , AUTHORIZATION for the Finance Director to establish lines of credit from operating funds to LID projects in an aggregate amount not to exceed $3 million. Accrual of interest expense and income will be made at appropriate interest rates and recorded at periodic intervals. (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through December 8 after audit- ing by the Operations Committee at its meeting at 8: 30 p.m. on December 15 , 1986. HEARING EXAMINER Appeal of Hearing Examiner ' s Recommendation on APPEAL Teal Rezone. This date has been set for the public hearing to consider an appeal of the Hear- ing Examiner ' s recommendation for the Teal Associates rezone application. The application is to rezone 1 . 29 acres from M3 General Indus- trial to M2 Limited Industrial . The Hearing .Examiner has recommended that the rezone be denied. Proper legal notice of this appeal has been given by the City Clerk. Kathy McClung of the Planning Department des- cribed the property and the uses and zoning of the surrounding area. Plans have been sub- mitted for a 15 , 000 sq. ft . multi-tenant building on a 1 . 2 acre site at the northwest corner of S. 216th and the East Valley Highway. An M2 zone allows 25% of limited retail service and office-type uses in a multi-tenant develop- ment . An increase over the 25% may be requested through the Hearing Examiner process . The history of the zoning in the area was described . i The public hearing was declared open by the Mayor. Dana flower of Barghausen -onsulting Engineers , Kent, representing the appellant, noted that complete packets of correspondence had been provided to the Council , including the denial of the rezone and the deniE_1 of the reconsideration. He pointed out that this appeal is based upon the original request f -r the rezone. The M2 zone is a less intense use than M3 and therefore the impacts to the ca _ December_ 1 , 1986 HEARING EXAMINER surrounding area would be, in most cases less APPEAL than impacts from the M3 zoning. He stated that the requested rezone was compatible with the Comprehensi-.-e Plan which has been in use for about ten years . The Planning Staff Report had initially stated that the request was in conformance with the Comprehensive Plan. Mower noted that the aria had been zoned as industrial park for ten years , which is generally compatible with M2 . Thy, rezone proposal is a downzone and is consistent with the adjacent land use. He pointed out that while there was no specific proposal as to a user at this time, that the Zoning Code specif_ie:z, clearly what services wo-ild be allowed. Mower noted that they had already addressed the iss,.es of traffic , an area of concern to the City staff . He pointed out that staff had suggested that the appeal be tabled until the West Valley Study had been completed, and could sce no relation between this site and the [west Valley Study. Letters of support for the rezone were contained in the material submitted on behalf of the appellant. Don Miles of 15828 S.E. 24th, Bellevue, design engineer, noted that the site was small but had been laid out to conform to the M2 requirements , with traffic patterns expected to be the sam-- as for an M3 use. Dan Fitzgerald of Willig Freight Lines , 8200 S. 216, adjacent to the subject parcel , objected to the proposed rezone, stating that traffic on East Valley Highway and S. 216th would be adversely ;:,ffected. Phil Sedlacek of 8825 S. E. 59th, Mercer Island, noted that `raffic generated by M2 zoning would be about the same as M3 except that pos- sibly M3 would increase truck and trailer traffic exiting on S . 216th. He opined that M2 zoning was preferable to having a truck and trailer operation, in terms of traffic. There were no further com-i;ents and BAILEY MOVED to close the public hearing. White seconded and the motion carried. WHITE MOVED to modify the Hearing Examiner ' s findings and disagree with the Hearing Examiner ' s recommendation to deny the Teal appeal for rezone. Biteman seconded. Bailey suggested, an3 c,ffered as an amendment to the motion, that the Planning 10 - December 1 , 1986 HEARING EXAMINER Department be requested to specifically study APPEAL this particular area now and bring back con- clusions within 60 to 90 days. Upon the Mayor ' s question, Harris noted that the West Valley Study was now in its third hearing, and that there was a commonality between these two areas . He pointed out that the West Valley Study was expected to be brought to the Council in February and that this area was to be studied next. Bailey agreed to drop the time element from the proposed amendment and White and Biteman accepted the amendment as friendly. Dowell questioned material referring to Condi- tional Use permits permitting up to 100% retail use in M1 and M2 uses . Harris pointed out that a Conditional Use permit was required for more than 25% retail use. Dowell expressed concern about retail use in industrial areas, noting that considerable funds had been used to upgrade the City ' s downtown retail area . The motion , as amended , carried unanimously. WESTERN Greg Wingard distributed an article from the PROCESSING Washington Post of Novmber 16 , 1986 , dealing with a toxic waste site along with a bound document entitled "Comments of Standard Equip- ment, Inc. on the Proposed Consent Decree for Phase II ( Subsurface) Cleanup of the Western Processing Superfund Site in Kent, Washington. " Back up technical documents have been given to the City Attorney . Wingard also distributed a one page list of his requests to the U. S. and State of Washington Attorneys. All documents have been filed for the record. Biteman asked if any comments had been made about what had been dumped at the site before Western Processing was in operation. Wingard noted that he had asked that question but had not had a satisfactory answer as to the respon- sibility for what the Army dumped at that site. COUNCIL (CONSENT CALENDAR ITEM 5P) Council Travel Policy Resolution. ADOPTION of Resolution 1122 , authorizing reimbursement for travel expenses of Council members incurred while on official City business. i I December 1 , 1986 COUNCIL Council President. White read a letter from COMMITTEES Slade Gorton congratulating the Arts Commission on receiving the 1986 Dorothy M. Mullen National Arts and Humanities Award for cities under 75, 000 population. He then noted that the following items would be discussed at the next workshop: 1 . Business license recommendations 2. License requirements for trash collection services 3 . Utility tax rate for trash collection services 4. Report from a franchised garbage hauler, the Robanco Company. 5. Any items added by Administration Upon Bailey ' s auestion, White noted that dis- cussion will not be limited to franchised haulers. Planning and Parks Committee. Woods noted that that concern had been expressed at the Town Hall Meeting regarding housing, particularly the number of apartments in the city. She pre- sented Resolution 1123 which would promote the development of single family residential uses in the city and establish a goal of achiev- ing an average density reduction of 20% on all undeveloped multi-family zoned land. DOWELL MOVED to adopt Resolution 1123. Biteman seconded and the motion carried. ADJOURNMENT BAILEY MOVED that the meeting be adjourned at 8: 50 p.m. Woods seconded and the motion carried. Marie Jensen, CMC City Clerk 12 -