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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/05/1987 i i Kent, Washington January 5 , 1987 Regular meeting of the Kent City Council was called to order at 7 : 00 o' clock p.m. by Mayor Kelleher. Present: Councilmembers Bailey, Bite- man, Dowell , Houser, Johnson, White and Woods, City Administrator McFall , City Attorney Driscoll , Planning Director Harris , Public Works Director Wickstrom and Finance Director McCarthy. Also present: Fire Chief Angelo and Personnel Director Webby. Approximately 20 people were at the meeting. PRESENTATION Firefighter of the Year. Mayor Kelleher announced that Battalion Chief Don Fronsdahl has been j named Firefighter of the Year. He noted that Fronsdahl has been a member of the Kent Fire Department since 1974 and has been active in supporting public relations activities such as Give Burns the Boot and the Citizens Committee for passage of the recent public safety bond issue. Kelleher commended him on his dedication to the community and the department and presented him an award. Employee of the Month. Mayor Kelleher introduced Ed Olson of the Public Works Department, who has been named Employee of the Month for January. He noted that Olson has been with the city since 1971 and commended him on his performance and positive attitude. Olson was then presented with the Employee of the Month plaque. CONSENT CALENDAR WOODS MOVED that the Consent Calendar Items A through K be approved, with the exception of Item D which was removed by Bailey and Item J which was removed by Houser. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular meeting of December 15 , 1986 , with the following correction: On page 15 the inform- ation relating to the Traffic Light at Sequoia Junior High should say LID 326 , not LID 325. APPROVAL of the minutes of the special meeting of j December 30 , 1986 . I HEALTH & (CONSENT CALENDAR ITEM 5F) SANITATION Jonathon' s Landing Apartments Phase I and II. ACCEPTANCE of the bill of sale and warranty agree- ment for continuous operation and maintenance of - 1 - January 5 , 1987 HEALTH & approximately 5, 886 feet of water main extension, SANITATION 4, 580 feet of sanitary sewer extension, 2 , 323 feet of storm sewer improvements constructed in the vicinity of 88th Avenue S. and S . 230th for the Jonathon ' s Landing Apartments Phase I and II Project , and release of the cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR ITEM 5I ) Latecomer Agreements. AUTHORIZATION for the pre- paration of latecomer agreements and for the Director of Public 1r!orks to sign same for the following: 1 . Approximately 780 feet of water line exten- sion and related appurtenances for Novak Lane west of Central Avenue. 2 . Approximately 135 feet of water and sewer line extensions constructed in the vicinity of 122nd Avenue S.E. and S .E. 253rd Street by Buetow. STREETS LID 310 - 72nd Avenue P-2 Channel Crossing. This date has been set for the public hearing on the final assessment roll for LID 310 . The City Clerk has given the proper notice to the property owners and the Director of Public Works has pre- pared a description of the project and the manner of assessment of the final cost. Wickstrom reviewed the project and noted that the final amount to be distributed was $203 , 689. 17. The Mayor declared the public hearing open. Wend Stevenson, RREEF Corporation, 200 lst Avenue W. , Suite 208, Seattle, noted that she represents the property owners of two of the properties within the LID. She stated that RREEF had pur- chased the property in 1983 and that she was not aware of this LID until December 16, 1986, when she received the notice of hearing. Wickstrom informed Bailey that the City had mailed proper notification to the property owner of record as appears on the King County Tax Assessors rolls. He noted that RREEF had purchased the property between the time of the preliminary assessment roll and the final assessment roll . He also noted that only property owners who will be affected by construction are notified prior to construction. - 2 - January 5, 1987 STREETS BAILEY MOVED to continue the hearing to the next regular Council meeting. Houser seconded. Upon Biteman' s question, Wickstrom explained that at this point the only issues are whether the cost was distributed fairly between properties and whether the properties are actually benefitted to the amount of the assessment. Motion carried. WHITE MOVED to make Ms . Stevenson ' s letter a part of the record. Woods seconded and the motion carried. STREET VACATION (CONSENT CALENDAR ITEM 5H) 27th Avenue S. Street Vacation. ACCEPTANCE of the City Attorney ' s recommendation and approval of the street vacation request with the con- ditions as noted at the December 1 , 1986 Council meeting. (CONSENT CALENDAR ITEM 5K) Bowen Street Vacation - Portion of S. 212th. ADOPTION of Ordinance 2694 vacating a portion of S. 212th Street lying between 84th Avenue S. and the Valley Freeway. SEWER (CONSENT CALENDAR ITEM 5G) Morton Street Emergency Repair. ACCEPT as com- plete contract with Gary Merlino Construction for the Mortion Street emergency repair of storm drainage system and release of retainage after receipt of necessary releases from the State. ANNEXATION ZONING Wilcox Annexation Zoning. This date has been set as the first of two hearings to consider the Hearing Examiner ' s recommended zoning for the Wilcox Annexation. The Hearing Examiner recom- mends MRG, Garden Density Multifamily Residential zoning, with the following conditions: 1 . The maximum density on the site shall not exceed six units per acre. 2. The property owner shall deed the southerly thirty feet of the subject property for public right of way purposes and the future con- struction of S . 252nd Street prior to the issuance of any development permits on the property. The second hearing is scheduled for February 17, 1987 . 3 - January 5, 1987 ANNEXATION ZONING Ed Heiser, Assistant Planner, poin ted out the site of the application and noted that the developer has proposd a zero lot line -develo P Wilcox went, and that there would be about half of the density that might ordinarily be developed on this site because of the zero lot line amendments. Upon Bailey ' s question, Harris noted that off street parking would be addressed at a subdivision hearing. Heiser noted for White that this would ultimately be an 18-acre development, and would be single-family developments. Upon Biteman ' s question, Hei ser not ed that MRG zoning would allow a maximum density of 16 units per acre and that the developer proposes to place a park on the site with 25 ' setbacks from the stream. Wickstrom clarified that before a building permit would be issued, construction of S. 252nd must be completed. The Mayor declared the public hearing open. Randy Brealey stated that he has three separate parcels of land which are involved in this pro- ject. He described the Howard property which is approximately 92 acres and noted that the concern tonight is zoning on the center portion of the property, which is the Wilcox site. He noted that they also have a purchase agreement for the adjacent five acres , the Bainton property, which is presently part of an annexation into the city. He noted that they are asking for MRG on the Wilcox property because they would like to be able to do the development under a single set of standards, and that the zero lot line code, as it is written, has a different set of standards for multi-family and single-family zoned property. He said that the differences are primarily in lot size and o re ace en s requirements. Brea1 ey p p noted that the majority of the open space is in the Wilcox property. Biteman reiterated Bailey ' s concern regarding parking 99 kin and suggested that this be taken into consideration at the second hearing. BITEMAN MOVED to continue the public hearing to February 17 , 1987 . Woods seconded and the motion carried. 4 - i i January 5 , 1987 FINAL PLAT The Lakes at Kent Division No. 1 (SU-84-1 ) . j January 5, 1987 has been set as the date for the j public hearing to consider the final plat for The Lakes at Kent Division No. 1 ( SU-84-1 ) . The City Council approved the preliminary plat j on December 17 , 1984 . At that time, the plat was known as Kent 241 Division 2 . The Council approved the preliminary plat with 16 conditions, all of which have been met. However, there is the need for an additional condition that deals with easements. This condition is as follows: Prior to recordation of The Lakes at Kent Division No. 1 , the owner shall obtain a release of ease- ment rights granted to Puget Power or any other private utility which encumber the City rights- of-way denoted on the face of the plat. Mayor Kelleher declared the public hearing open. Bruce Dodds , Dodds Engineer ' s , Inc. , 4205 148th Avenue N. E. , Bellevue, stated that he represents the applicant and recommended that the plat be approved. BITEMAN MOVED to close the public hearing, White seconded. Motion carried. WHITE MOVED to approve the final plat with the addi- tional condition. Woods seconded and the motion carried. ZONING CODE Municipal Buildings and Uses in Commercial and Industrial Zoning Districts. On December 16 , 1986 , the Planning Commission held a hearing to consider permitting municipal buildings and uses in commercial and industrial zoning districts without the need to acquire a conditional use permit. The Commission recommended to the Council that the Zoning Code be amended to effect this change. Harris noted that the Commission made this recommendation because municipal buildings and uses are generally very similar in design and use to buildings and uses already permitted out- ! right in commercial and industrial zoning districts. j He noted for Kelleher that a conditional use permit would still be required in residential zoning districts . Upon Biteman' s question, Harris noted that municipal buildings must now obtain j a conditional use permit because of the way the zoning code is presently written. WOODS MOVED that the Planning Commission ' s recommendation be adopted and that the City Attorney be directed to prepare the necessary ordinance. Biteman seconded and the motion carried. 5 - i January 5 , 1987 I CITY CODE Adoption of New Kent City Code. This date has been set for a public hearing for adoption of the Kent City Code. The City Attorney ' s office I has updated the Kent City Code to reflect various legislative revisions and updates as a result of Council action over the last few years. McFall explained that adoption of the code would com- pile all the individually adopted ordinances since the first update into one document. Upon Biteman' s question, he noted that there are sections in need of updating and that those sections would be revised this year. The Mayor opened the public hearing. There were no comments from the audience and no correspondence has been received. BAILEY MOVED to close the public hearing. Woods seconded. Motion carried. WOODS MOVED that Ordinance 2692 adopting the Kent City Code be adopted. Johnson seconded and the motion carried. i ECONOMIC DEVELOPMENT (CONSENT CALENDAR ITEM 5D) CORPORATION REMOVED BY COUNCILMEMBER BAILEY Service Agreement - Seattle/King County Economic Development Council. AUTHORIZATION for the Mayor to sign a service agreement with Seattle/ King County Economic Development Council . AUTHOR- IZATION for the Mayor to sign the agreement calling for payment of $2 , 698 . 00 to the Seattle/King County Economic Development Council for economic development services . The contract amount is the same as for 1986 . Bailey noted that this had been discussed at the Operations Committee meet- ' ing and MOVED that the service agreement be referred to the Kent Economic Development Corporation for payment. Woods seconded and the motion carried. CABLE TV (CONSENT CALENDAR ITEM 5E) ! Renewal of CATV Administration Contract. AUTHORI- ZATION for the Mayor to sign the contract with 3-H Cable Communications Consultants for pro- fessional administrative services for 1987. The contract renewal has been reviewed and approved by the Council Operations Committee and funding is provided in the 1987 Budget. INTERLOCAL AGREEMENT ( CONSENT CALENDAR ITEM 5J) REMOVED BY COUNCILMEMBER HOUSER Interlocal Agreement with City of Des Moines. AUTHORIZATION for approval of an Interlocal - 6 - i i January 5 , 1987 INTERLOCAL AGREEMENT Agreement between the City of Kent and the City of Des Moines regarding the establishment of policies and procedures for the processing of licenses and permits involving developments occur- ing simultaneously in both jurisdictions. Upon Houser ' s question, McFall explained that in the case of a development which crosses city borders , a lead agency would be designated to monitor building construction, issue permits, collect fees, etc . , and that the lead agency would be the agency in which the bulk of the development is located. He noted that in terms of the tax base, it would be split by the Assessor ' s Office based upon the value of the property in each of the cities. HOUSER MOVED to adopt the Interlocal Agreement with the City of Des Moines. Woods seconded and the motion carried. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through January 6 , 1987 ( 19 86 bills ) and January 8 , 1987 ( 1987 bills ) after auditing by the Operations Committee at its meeting at 8 : 30 a.m. on January 15 , 1987 . (CONSENT CALENDAR ITEM 5C) Budget Adjustment Ordinance for 1986. As dis- cussed at the Operations Committee meeting of January 5, 1987 , ADOPTION of Ordinance 2693 approv- ing all budget changes for 1986 . The budget changes are predominately for bond issues author- ized during the year, including the sewerage revenue bond issue, the public safety bond issue, the computer/telephone bond issue, and various LID bond issues. The amounts plus other mis- cellaneous adjustments all have revenues to offset the budget changes . i TRAFFIC CONTROL LID 326 Traffic Signal - 111th Avenue S.E. and Kent-Kangley. This date has been set for the public hearing on the formation of a local improvement district for installation of a traffic signal at 111th Avenue S.E. and Kent-Kangley Road in the vicinity of Sequoia Junior High. The City Clerk has given the proper legal notice to the property owners. The Director of Public Works has prepared a description of the proposed project. McFall noted that since sufficient i protests to defeat the LID have been received, i 7 - i i I January 5, 1987 i TRAFFIC CONTROL there is no reason to continue. The two protests received to date, one from the School District and one from Harbor Investments, represent 70 percent of the proposed assessments. Johnson noted that he would like to discuss this item under Committee Reports. i � COUNCIL COMMITTEES Public Works Committee. Johnson noted that further action is required on LID 326 - Traffic Signal - 111th Avenue S.E. & Kent-Kangley, to en- sure that the traffic light is constructed. He MOVED that the signal be constructed and that the staff be directed to prepare an RFP for the pro- ject. White seconded. Upon Woods ' question, Johnson noted that the City would pay for the entire project. Johnson noted for Bailey that at the School Board meeting of December 10, the School District had agreed to protest the LID and to set aside funds in escrow so that if an arbitrator found that they had any responsibility to fund the signal , they would pay their share. Johnson also noted that he has called a Public Works Committee meeting for Wednesday, January 14 . McFall noted for Woods that the only way the City can compel property owners to participate in the financing of traffic signals is through an LID or through some type of development requirement, which would not apply in this case. He stated that with the defeat of the LID through sufficient protests, there is no other method available to j compel participation. He noted that since the Council had gone on record as stating that they want the signal installed, the only method left is for the City to pick up the full cost of the project. Biteman stated that if the City pays for the pro- ject, a precedent will be established to con- struct at our expense, no matter who the con- tributing property owners are. Johnson filed for the record written comments indicating his con- cern for the safety of the children and support- ing construction of the signal . White stated that although he is concerned about setting a precedent, the welfare of the students is upper- most and he would support putting in the signal . The motion carried. I 8 - I i January 5 , 1987 COUNCIL COMMITTEES Presidents Report. White noted that 1986 had been a very busy year for the City. He went through the Target Issues for 1986 and checked off the items that have been accomplished to date and thanked the Council and staff for their efforts. He informed the Council that there would be a retreat on January 23 and 24 to develop target issues for 1987. White noted that items to be discussed at the workshop of January 12 include business lice nsesand an update on extending cable television service. He also noted that the next Council meeting will be held on Tuesday, January 20, since the 19th is a legal holiday. EXECUTIVE SESSION At 8: 15 an executive session was called to dis- cuss labor relations. The meeting reconvened at 8: 35 p.m. BITEMAN MOVED that the Mayor be authorized to sign a labor agreement with the Police Officers Union. Woods seconded and the motion carried. ADJOURNMENT BAILEY MOVED that the meeting be adjourned. Woods seconded. Motion carried. Brenda Jacober Deputy City Clerk I i i i 9 - i