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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/17/1987 Kent, Washington February 17, 1987 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Pro Tem White. Present: Councilmembers Bailey, Biteman, Dowell, Houser, Johnson, 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. Mayor Kelleher was not in attendance. Approximately 40 people were at the meeting. PROCLAMATION Engineers Week. Mayor Pro Tem White read a proclamation declaring the week of February 22-28, 1987 as Engineers Week in the City of Kent. He pre- sented the proclamation to Public Works Director Wickstrom. CONSENT CALENDAR JOHNSON MOVED that Consent Calendar Items A through N be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 2, 1987, with the addition of the following underlined material which was inadvertently omitted from page 7 : Salary Reclassifications. AUTHORIZATION to imple- ment the salary reclassification proposals con- tained in the packet, as recommended by the Opera- tions Commitee following review at the committee meetings held on January 14 and January 30, 1987. Biteman noted that he felt the reclassifications should be effective February 1st rather than January 1st, and HE SO MOVED. Houser seconded. Biteman noted that if the increases in salaries for reclass- ifications were consistently made retroactive, this could represent a considerable amount of money over the year. Bailey noted that the recommendation for approval was given by the Operations Committee dur- ing the January pay period. Upon Johnson' s ques- tion, McFall noted that the difference would be approximately $1500 for these reclassifications. Dowell stated that he understood Biteman ' s concern and that it was a good point, however he had voted in favor at the January committee meeting and would support the original proposal. The motion failed with only Biteman and Houser supporting it. BAILEY MOVED to adopt Item 5H as recommended by the Opera- tions Committee. Dowell seconded and the motion carried without opposition. - 1 - February 17, 1987 HEALTH & ( CONSENT CALENDAR ITEM 5I ) SANITATION Mill Creek Distribution Center. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 901 feet of water main extension constructed in the vicinity of 76th Avenue S. and S. 224th for the Mill Creek Distribution Center, and release of the cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR ITEM 5N) Plemmons Industrial Park. ACCEPTANCE of the bill of sale and warranty agreement for continuous opera- tion and maintenance of approximately 1 , 106 feet of water main extension, 441 feet of sanitary sewer main extension constructed in the vicinity of 1311 Central Avenue S. for the Plemmons Industrial Park, and release of the cash bond after expiration of the one year maintenance period. WATER (CONSENT CALENDAR ITEM 5M) 212th Street Well. ESTABLISHMENT of a budget in the amount of $75 , 000 for an analysis to verify the capacity of the 212th/208th Street well fields, their safe yield with respect to potential ground water contamination, and to review well development alternatives in lieu of treatment requirements , as approved by the Public Works Committee. SEWER (CONSENT CALENDAR ITEM 5J) Victoria Ridge. AUTHORIZATION for the Mayor to sign the operation and maintenance agreement for operation of the sanitary sewer pump station con- structed for Victoria Ridge in the vicinity of Lake Fenwick Road and S. 272nd, as approved by the Public Works Committee. DRAINAGE UTILITY Bailey noted that Frank Howard, a resident of Salt Air Hills, had indicated that it was inconvenient to pay the 94T per month drainage utility on a monthly basis. Bailey suggested that residents be allowed to pay a year in advance, and that a printed announcement be mailed to them informing them of this privelege. He noted that there would be no discount for paying in advance, and urged the Council to concur. STREET VACATION (CONSENT CALENDAR ITEM 5D) Street Vacation Request. ADOPTION of Resolution 1126 setting April 7 , 1987 , as the date for a public hearing on the Philips street vacation request. - 2 - February 17, 1987 STREETS LID 297 - Meeker Street Improvements. This date has been set for the public hearing on the confirm- ation of the final assessment roll for LID 297 . The City Clerk has given the proper legal notice to the property owners. Wickstrom described the project and the funding. He noted that a claim has been filed by the contractor in the amount of $251 , 175. 48 and stated that because of the claim and the duration, he feels it is best to close the LID now, though once the claim is settled a supple- mental assessment roll may be necessary. He des- cribed the three categories of assessments, the methods of assessment for each and the method of payment of assessments. He noted that drainage had been improved and that the two-way continuous turn lane should reduce the number of accidents by 40-500. He also noted that utilities have been provided. Wickstrom noted that there is a time constraint on this project because of outstanding interim financing. Mayor Pro Tem White declared the public hearing open. Merrill Gerstel, 8636 N. Mercer Way, Mercer Island, protested his assessment and submitted documents from his attorney. He stated that his parcel is the only parcel that was fully developed as multi-family rather than undeveloped commercial, and therefore it is arbitrary and capricious to assess him at the same rate as commercially zoned lots. He noted that the principal benefactors in this area are the citizens of Kent who benefit from the smooth flow of traffic, and the commercial property owners who are now able to sell or develop at much higher value since the street has been improved. He stated that a resident of the Colony Park Apartments feels it is now more difficult to make a turn onto Meeker Street due to increased traffic. He noted that he is not disputing the method of assessment of the LID, but pointed out that some properties benefitted by this improvement and were not assessed at all. He thanked Merrill Vesper for providing the inform- ation necessary for him to understand how the LID assessment was allocated. In response to Gerstel ' s comments, Wickstrom noted that all properties were treated in the same manner whether they were developed or undeveloped, that six zones had been established in which the zone with frontage was six times more expensive than the zone in the back . He noted that prior to the -3 - February 17 , 1987 STREETS opening of 516 , there were 21 , 000 vehicles a day and no safe left-turn movements, and that with the left-turn pocket traffic has been reduced to 13 , 000 vehicles a day. WOODS MOVED to close the public hearing, Bailey seconded. Gerstel stated that he feels the assessment would devalue his property. The motion to close the public hearing carried. Upon Bailey' s question, Driscoll noted that traffic control and enhancement would be considered an advantage. JOHNSON MOVED to make the Public Works Director ' s written report and Gerstel ' s documents part of the record. Bailey seconded and the motion carried. JOHNSON MOVED to transfer respectively $4, 775 . 40 from the unencumbered funds of the sewerage utility and $2 , 987. 08 from the unencumbered funds of the water utility into the project fund. Bailey seconded. Motion carried. JOHNSON MOVED to adopt Ordinance 2700 confirming the final assessment roll for LID 297. Woods seconded. Motion carried. LID 318 - Central Avenue Improvements. This date has been set for the public hearing on the con- firmation of the final assessment roll for LID 318. The City Clerk has given the proper legal notice to the property owners. Dowell noted that due to a conflict of interest on this LID, he would not be entering into the discussion and would be abstaining from voting on this issue. Wickstrom described the LID, noting that among the improvements was the five-lane roadway on Central Avenue from James to 228th. He noted that a two-way left-turn lane had been added, which should reduce accidents by 65%. He stated that utilities for sewer and water service were stubbed out so that when parcels are developed, it would not be necessary to cut the street to tie into the existing system. He also described the project funding and the method of assesments , and pointed out that there is a time constraint on this matter. Mayor Pro Tem White declared the public hearing open. Mike Carpinito, 23032 88th Avenue South, informed the Council that since he had just received his notice, he was not prepared to make a decision as to when to pay the assessment and asked for a one week extension. Wickstrom noted that to do so would require setting a special meeting, at which time action could be taken on Carpinito ' s request and on confirmation of the final assessment roll ordinance. - 4 - February 17 , 1987 STREETS Jerry Daman of 3818 S . 243rd, asked that the letter from The Danielson Company be made part of the record. BAILEY MOVED that the correspondence from The Danielson Company and correspondence from Kenneth & Irene Cooper be made part of the record. Johnson seconded and the motion carried with Dowell abstaining. BITEMAN MOVED to close the public hearing. Woods seconded. The motion carried with Dowell abstaining. JOHNSON MOVED to make the Public Works Director ' s written report a part of the record. Woods seconded and the motion carried with Dowell abstaining. JOHNSON MOVED to transfer $120, 000 from the unencumbered sewerage utility funds to the project fund. Woods seconded. Motion carried with Dowell abstaining. JOHNSON MOVED to consider the adoption of _Ordinance 2701 confirming the final assessment roll for LID 318 at a special meeting on Monday, February 23 , at 7: 00 p.m. Houser seconded and the motion carried with Dowell abstaining. FINAL PLAT Sanctuary No. 2 Final Plat. On August 18, 1986 , the City Council approved the Sanctuary No. 2 preliminary plat. The plat consists of two lots .- The Council approved the preliminary plat with the following conditions : A.. The following are required prior to final plat approval : 1 . Deed to the City for street purposes 60 feet right of way for Frager Road for the entire long plat frontage thereon. Said 60 feet shall be centered on the centerline of the existing pave- ments. Provide asbuilt survey by a Washington State Licensed Land Surveyor of said pavement centerline. 2. Deed to the City for municipal purposes all property within this proposed long plat which lies easterly of Frager Road right of way. 3. The following statement shall be noted on the face of the plat: The City views the community well system as temporary in nature and once the City water main lies both west of the Green River and within 300 feet or less in distance from any portion of this plat, the property owner shall extend said water main pursuant to City approved plans to provide City water service to lots. At the time of said extension, the existing private well shall be abandoned for domestic use. 4. Execute no protest L.ID covenants for the following improvements: a. The improvement of Frager Road with pavement, curb and gutter, cement concrete sidewalks, storm drainage system, street lighting, underground power, etc. 5 — I February 17, 1987 FINAL PLAT b. The installation of a City water system and sanitary sewer system to service the subject property. c. The improvement of the Green River levee system. 5. Owner shall obtain approval from the Seattle-King County Health Department for the community well system. 6. Provide preliminary percolation test on Lot 2 and obtain approval from the Seattle-King County Health Department. Obtain approval/ verification from the Seattle-King County Health Department that the existing septic system on Lot 1 is working. 7. Provide certification by a Washington State Licensed Land Surveyor that the existing septic tank system for Lot 1 lies totally.within Lot 1 . If not, obtain necessary easements or reconstruct said septic system such that it lies totally within Lot 1 . B. Buildings shall he constructed with fire sprinklers and adequate water supply to service said sprinklers or owner shall provide a fire hydrant capable of producing 1 ,000 gpm. WOODS MOVED to approve the Sanctuary No. 2 Final Plat with the conditions outlined above. Johnson seconded and the motion carried. ANNEXATION Wilcox Annexation. This date has been set as the ZONING - second and final hearing to consider the Hearing WILCOX Examiner ' s recommended zoning for the Wilcox Annex- ation. The first hearing was held on January 5, 1987 . The Hearing Examiner recommends 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 shalldeed the southerly 30 feet of the subject property for public right- of-way purposes and the future construction of S. 252nd St. prior to the issuance of any development permits on the property. Harris noted that the proponent intends to put a zero lot line development on the Wilcox land, and that the Planning Department has received an appli- cation for a subdivision which would implement that zero lot line concept. He also noted that the Hear- ing Examiner recommends a 6-unit per acre cap, where normally MRG would allow 16 units per acre. Ed Heiser of the Planning Department stated 6 - I February 17 , 1987 ANNEXATION that the applicant had submitted a photograph of ZONING - the proposed development for the Council ' s review. WILCOX WOODS MOVED to make the photograph part of the record. Johnson seconded and the motion carried. Mayor Pro Tem White declared the public hearing open. Randy Brealey, 10910 NE 66th Place, Kirkland, developer of the subject site, noted that he would be available to answer any questions . Woods com- mended Brealey on his proposal . Bailey concurred, and voiced his concern regarding recreational vehicles. BITEMAN MOVED to close the public hearing. Woods seconded and the motion carried. WOODS MOVED to adopt the findings of the Hearing Examiner and concur with the Hearing Examiner ' s recommendation to zone the Wilcox Annexation to MRG with the two conditions outlined above. Biteman seconded. Motion carried. ANNEXATION (CONSENT CALENDAR ITEM 5F) East Hill Well Annexation Area 1 . ADOPTION of Ordinance 2703 annexing the East Hill Well Area 1 to the City of Kent. REZONES (CONSENT CALENDAR ITEM 5G) Rezone Ordinance (Kent Vision Clinic) . ADOPTION of Ordinance 2704 providing for the rezone of Lots 8-13 of Block 12 on Kennebeck Avenue between Gowe Street and Meeker Street from MRH to O. (CONSENT CALENDAR ITEM 5H) Rezone Ordinance (Initiated by City of Kent) . ADOPTION of Ordinance 2705 providing for the rezone of Lots 5 , 61 7, 14 , 15, 16 , 17,and 18 of Block 12 on Kennebeck Avenue between Gowe Street and Meeker Street from MRH to O. VALLEY FLOOR Amendment to the Valley Floor Plan. On January 27, PLAN AMENDMENT/ 1987, the Planning Commission held a public hear- ZONING CODE ing concerning proposed changes to the Valley Floor AMENDMENT Plan and made the following recommendation to the City Council : 1 . The Valley Floor Plan map be amended by adding a C (Commercial ) suffix to the map at West Valley and 180th Street, West Valley and S. 212th Street, and West Valley and S. 228th Street. Although the C-suffix indicates a commercial potential for these "nodes" , the underlying M-1 Industrial designation remains in place. 7 - February 17, 1987 VALLEY FLOOR To utilize the C-suffix potential , a person PLAN AMENDMENT/ would have to apply for a rezone that would ZONING CODE place this C overlay onto the existing M-1 zoning. AMENDMENT 2. The Valley Floor Plan text be amended to state in Section 4 of the appendices : C-suffix: an overlay designation or district on the Valley Floor Plan map indicating areas at strategic intersections or nodes within the industrial area that represent potential sites for expanded commercial and service opportuni- ties. Such uses are defined through the zoning code. Jim Hansen, Principal Planner, noted that many changes have occured in the industrial areas, and that the Planning Department has studied these changes to recognize current trends and has made some recommendations . He noted that he had gone to the Bay Area and visited ten cities similar to Kent in terms of types of developments and the transition they were going through. He stated that he strongly believes that the recommended changes are needed to meet the demands of the industrial and office park developments, to remain competitive in the regional economic development market, to bring about some needed major street improvements , and to help improve the City ' s image as a progressive community. He noted that there will be many impacts from the changes, the most notable of which is traffic . Fred Satterstrom stated that the maturation process which Hansen noted in the Bay Area is taking place in the Kent valley today. He noted that there is a daytime population of over 30, 000 employees who demand services while working in and traveling through the city . He stated that the Planning Department has documented in the West Valley Study a need for certain commercial and service type locations in the West Valley industrial area. He noted that adding the nodes to the Valley Floor Plan would not change the industrial classification on the Comprehensive Plan, but would simply mean that those areas have a potential for use other than industrial and that those three intersections would be the proper placement for that commercial designation. 8 - February 17, 1987 VALLEY FLOOR Upon Biteman ' s question, Satterstrom noted that com- PLAN AMENDMENT/ merical designations evolved out of the research ZONING CODE done by Hansen which pointed to the fact that as AMENDMENT industrial areas mature and as employee densities become increasingly larger, there is more demand for service and commercial uses. He noted that one of the major reasons for the study was to acknowledge the evolving trend toward service uses and to try to accomodate them within the code requirements. Zoning Code Text Amendments. In conjunction with the hearing on the proposed changes to the Valley Floor Plan, the Planning Commission also held a hearing on January 27 , 1987 to consider proposed text changes to the Kent Zoning Code (Title 15, Kent City Code ) that would implement the existing Comprehensive Plan and the proposed amendments to the Comprehensive Plan. Satterstrom noted that all of the recommended changes are in the M-1 zone, which is almost exclusively located in the West Valley area. He noted that the changes are as follows: 1 . Purpose statement for Ml zoning district (adds statement about limited commercial land uses) . 2. Eliminate the requirement that an already existing list of administrative, professional , medical , financial and service uses be limited to 25 percent of the gross floor area of any single and multi-building development (allows such uses to occupy all the gross floor area). 3. Under miscellaneous services, add health and fitness clubs and facilities. 4. Create a "suffix" to the M1 zoning district to be called Ml-C, Industrial Park - Commercial District (a rezone application needs to be made and approved in order to obtain an Ml-C designation). 5. Creates a list of commercial-type uses that would be permitted in the Ml-C district in addition to the already allowed uses in the regular Ml zoning district. 6. Under the Ml development standards, it is clearly spelled out that outside storage or operations yards are permitted only as accessory uses incidental and subordinate to the principally permitted uses in the Ml zoning district. 7. Creates a section called Standards and Criteria for Granting a Request for Rezone (this should overcome problems associated with the current lack of sum standards). Upon questions from Biteman and Bailey, Satterstrom noted that if a proposal for a health and fitness club were received, adequate parking at the facility would be required. McFall clarified that health - 9 - February 17 , 1987 VALLEY FLOOR and fitness clubs would be permitted in the M-1 PLAN AMENDMENT/ zone. He noted that there are two separate pro- ZONING CODE posals, one having to do with the percentage of AMENDMENT floor space which can be taken up by these already existing permitted uses and the second regarding some very specific retail commercial type uses which would be permitted only in the M1 -C area. McFall noted that the Hearing Examiner has been deluged with requests for special permits to go beyond the 25% limit that we now have on these types of service uses in the M-1 zone, and is approving nearly all of them. He stated that the City recognizes what is happening in the valley and needs to make these changes to the code. Upon Dowell ' s question, Harris stated that since this is a new concept, it is limited to the major inter- sections. WOODS MOVED to approve the Planning Commission ' s recommendation to amend the Valley Floor Plan by adding the C-suffix statement. Biteman seconded. A woman in the audience asked whether consideration had been given to reducing the impact of traffic by promoting high occupancy vehicles and/or public transportation. Harris stated that one way would be to participate with Metro and the developers of the land uses in this area to come up with ways to mitigate the traffic, such as staggered work hours, van pooling, new bus routes, and subsidizing employees for bus tickets, and that another way would be to work on the cross-valley highway con- struction at 192nd, 196th, 228th and 272nd. Satter- strom noted that there is also a criteria being proposed which would require that any proposal for the C-suffix zoning would be required to show that the traffic impacts generated by that proposal would not unduly burden the transportation system, and that their impacts would be mitigated. Upon Dowell ' s question, Harris noted that there are SEPA rules in effect on this and that the one on the transportation mitigation system would take effect immediately upon passage of these amendments. Harris noted that the City recognizes the traffic problems and is actively engaged in working toward a solution. Bailey called for the question. WOODS MOVED to approve the Planning Commission' s recommendation to amend Chapter 15 . 04 . 170 of the Kent Zoning Code. Biteman seconded and the motion carried. Woods commended Jim Hansen, the Planning Department and the Planning Commission for their work on this project. - 10 - February 17 , 1987 GREEN RIVER ( CONSENT CALENDAR ITEM 5K) VALLEY TRANS- Green River Valley Transportation Action Plan. PORTATION ADOPTION of Resolution 1121 adopting the Green ACTION PLAN River Valley Transportation Action Plan developed by the Puget Sound Council of Governments as an implementation and financing plan for road improve- ment projects in the Green River Valley, as recom- mended by both the Public Works Committee and the Mayor ' s Task Force on Traffic Congestion. TRAFFIC (CONSENT CALENDAR ITEM 5L) CONTROL Out of State Trip. APPROVAL for the Transporta- tion Engineer to attend a national conference on traffic congestion in San Diego in March, as approved by the Public Works Committee. HUMAN SERVICES Participation in the Human Services Round Table. The Human Services Commission recommends to the Council that the City pay $300 to participate in the King County Human Services Round Table. Harris noted that cities such as Issaquah, Rednond, Bellevue and Seattle, along with United Way and King County, have contributed toward this. He noted that United Way, Seattle and King County each gave $2700 and the smaller cities gave $300. BAILEY MOVED to approve the Human Services Commission request for $300 to participate in the King County Human Services Round Table. Biteman seconded and the motion carried. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through February 18 after auditing by the Operations Committee at its meeting at 8: 30 a.m. on February 27 . PERSONNEL (CONSENT CALENDAR ITEM 5C) Renewal of the Employee Assistance Program Pro- fessional Services Contract. AUTHORIZATION for the Mayor to sign the contract with Southeast Community Alcohol Center for professional services for 1987. The contract renewal has been reviewed and approved by the Council Operations Committee and funding is provided in the 1987 budget. Hiring of Relative. Bailey noted that the top candidate for the temporary position of Office Assistant in the Fire Department is Terri Nee, who is the wife of a Fire Department employee. - 11 - February 17, 1987 PERSONNEL He noted that the Operations Committee has dis- cussed this matter with Chief Bond, Administration and Personnel. BAILEY MOVED that the Council approve the hiring of Terri Nee. Woods seconded. Biteman noted that he opposes the practice of hiring relatives. Motion carried with Biteman opposing. COUNCIL (CONSENT CALENDAR ITEM 5E) Council Meeting Date Ordinance. ADOPTION of Ordinance 2702 setting the first and third Tuesdays for regular Council meeting dates . COUNCIL Council President. White noted that there will be COMMITTEES a staff recognition reception at the Senior Activites Center on Monday, February 23 at 5: 30 p.m. White announced committee assignments for this year as follows: Operations Committee - Bailey to chair with Bite- man and Houser to serve on the committee. Planning & Parks - Woods to chair with Biteman and Dowell serving on the committee. Public Safety - Houser to chair with Dowell and Johnson to serve on the committee. Public Works - Johnson to chair with Woods and Bailey serving on the committee. White noted that he has been asked to chair the Operations Committee while Bailey is out of town. White noted that the next regular Council meeting is scheduled for March 3 , but that there will not be a quorum present since several Councilmembers will be in Washington D.C. at the National League of Cities meeting. He suggested a special meeting for Tuesday, March 10 and McFall stated that notice could be given later if there are items for a special meeting on March 10. White also noted that there will be a special meet- ing on Monday, February 23 , at 7 : 00 p.m. regarding LID 318 . ADJOURNMENT WOODS MOVED that the meeting be adjourned at 9 : 00 p.m. Johnson seconded and the motion carried. 1 Brenda Jacobe)z' Deputy City Clerk - 12 - I