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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/19/1988 Kent, Washington January 19, 1988 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann, 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 75 people were at the meeting. CONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through O be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 5, 1988, with the following correction of a typographical error: Page 3, LID 331 S.E. 240th Street from 108th S.E. to 116th S.E. RECYCLING PROGRAM Residential Recycling Program. This date has been set to conduct a public hearing for the purpose of gathering public input into the advisability of conducting a City-wide residential recycling program. Considerations include such items as the need for recycling, the advisability of public subsidy of a recycling program, and the propriety of proceeding with such a program at this time. The Mayor declared the public hearing open. Don Knapp noted that the recycling pilot program on the West Hill had been well done by Kent Disposal. He noted that the City had issued a request for proposals and asked which firms had received such request. McFall stated that proposals had been requested from Kent Disposal and Tri Star, the only two firms which hold certificates from the WUTC. He explained for Doug Hendrickson of Valley Recycling that the proposal was for a curb-side program in conjunction with garbage service and therefore only those certified garbage haulers had been sent the request for proposals. Hendrickson noted that he had been in business in Kent for thirteen years and that he could offer this ser- vice. Bill Segale of Tri Star noted that he had just received the information in today ' s mail and the pro- posals were due on Friday. WHITE MOVED to continue the hearing to the next Council meeting on February 2, to allow time for more input. Dowell seconded. Ed Markham spoke highly of recycling and suggested that businesses as well as residences should participate. - 1 - January 19, 1988 RECYCLING PROGRAM Gary Ewing of Kent Disposal stated that during the eight months of the test program on the West Hill, participation had been very good. He pointed out that WUTC regulations did not allow continuance of the program until the results of the current hearings were known. He noted that the program was not self- supporting and would require some subsidy and said that 100 tons of recyclables were collected. Ewing con- firmed for Biteman that the savings in dump fees for 100 tons came to $4700, and further that it would cost approximately $3000 to continue the program for January and February. June Herschleb noted that her family of two recycled newspapers and had very little garbage. White amended his motion to include a two week exten- sion of time for the request for proposals and to include other interested parties. Dowell concurred and the motion carried unanimously. Johnson then moved to continue with the West Hill recycling pro- gram and the subsidy therefore and asked the advice of the City Attorney regarding terminology. Driscoll advised that the motion should be to authorize nego- tiations for an interim agreement to continue the waste reduction recycling program on the West Hill and to authorize the Mayor to sign such agreement. JOHNSON SO MOVED and Woods seconded. Upon Dowell ' s question as to the amount of the subsidy, McFall noted that this would have to be negotiated even though Ewing had noted that it would be less than $3000 for a two month period. Dowell questioned whether this could be considered signing a blank check. Johnson then proposed to amend the motion to authorize negotiation up to $3000 for 60 days to March 1st and Woods concurred. Dowell expressed concern with agreeing to pay without knowing what would be furnished. The motion carried with Dowell opposing. SOLID WASTE - Mayor Kelleher noted that this morning the County KING COUNTY Council adopted an ordinance calling for the County to conduct a non-project specific EIS for determining how the County should dispose of solid waste. He pointed out that the ordinance has not yet been signed and it does not meet all of the concerns as defined in the lawsuit Kent filed against the County. It does, however, address the major issue: the City ' s request to the County to follow proper procedures 2 - January 19, 1988 SOLID WASTE - under SEPA. Most of the City' s questions have been KING COUNTY addressed. He pointed out that if the ordinance is signed by County Executive Hill , he would recommend that the lawsuit be dropped and pointed out that he would continue to fight the location of an incinerator in Kent. The Mayor noted that the matter would be addressed by the Council later in an executive session after regular Council business had been concluded. HEALTH & (CONSENT CALENDAR ITEM 3E) SANITATION Koopman Sewer Extension. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance for approximately 184 feet of sanitary sewer extension constructed in the vicinity of 9708 South 222nd and release of a cash bond after expira- tion of the one year maintenance period. (CONSENT CALENDAR ITEM 3F) Segner Park 184. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and main- tenance for approximately 405 feet of sanitary sewer extension constructed in the vicinity of 18400 East Valley Highway for Segner Park 184 and release of a cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR ITEM 3G) Seven Oaks Division 2 and 3 Late Comers Agreement. AUTHORIZATION for staff to prepare and for Director of Public Works to sign Late Comers Agreement as requested by the owners of Seven Oaks Division 2 and 3 for sanitary sewer pump station. SEWERS LID 322/323 Sanitary Sewer Improvements. Bid opening was held January 14. The Director of Public Works reviewed the bids received recommended award of the bid to R. L. Alia Company. The Public Works Director also recommended the transfer of $75, 000 from the Unencumbered Sewerage Fund to this project, to provide for the extra depth cost associated with providing service to an adjacent area. JOHNSON MOVED to accept CORRECTED • REFER TO the recommendation of the Director of Public Works to award the bid to R. L. Alia Company in the amount of INUTES OF .2 $73 , 21 6 . 1 8 for the contract for LID 322/323 and to transfer $75, 000 from the Unencumbered Sewerage Funds to this project. Woods seconded and the motion carried. - 3 - i I I January 19, 1988 STREET VACATION (CONSENT CALENDAR ITEM 3H) Waterman Street Vacation - Gibson Request. APPROVAL of a 90-day time extension for the payment of fees for the Waterman street vacation, as recommended by the Public Works Committee. Council previously authorized an extension to December 15, 1987. TRAFFIC CONTROL ( CONSENT CALENDAR ITEM 3J) j No Parking Ordinance. ADOPTION of Ordinance 2766 establishing a no parking zone on 101st Avenue S.E. from S.E. 256th to S.E. 260th. ANNEXATION POLICY (CONSENT CALENDAR ITEM 3K) Annexation Covenants to Comply with Zoning Requirements. ADOPTION of Ordinance 2767 supporting Resolution 1150 which sets forth certain annexation policies which require that owners covenant that the proposed areas will be consistent with the land use comprehensive II j plans within the City. PRELIMINARY PLAT Van Doren's Landing Phase 1 - Preliminary Subdivision No. SU-87-4. This is a public meeting to consider the H,:�aring Examiner ' s recommendation of conditional approval of a 30-lot industrial preliminary subdivision. The subdivision is located at the southwest corner of 228th Street and West Valley Highway. WOODS MOVED to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner ' s recommendation of conditional approval . Johnson seconded and the motion carried. I ANNEXATION ZONING East Hill Community Well Annexation No. 2 - Carey APPEAL Appeal. This is a public hearing to consider an appeal of the Hearing Examiner ' s recommended zoning for the property located east of 112th Avenue S.E. Carey Appeal extended to 114th Avenue S.E. approximately and north of S.E. 244th extended. The appeal was filed by William J. Carey. The Hearing Examiner recommends ! zoning of R1 -9. 6, single family residential ( 9600 square fet minimum lot area ) . White noted that the Carey family has asked that this item be continued to the meeting of March 1st, and SO MOVED_.,, _,w,Bitpjna,n seconded and the motion carried. d ANNEXATION ZONING East Hill Community Well Annexat io No. 2 - Bet ., public he 'r.in o consider _ Appeal. This is a p g APPEAL strom an appeal of the Hearing Examiner ' s recommended zoning Bergstrom Appeal for the property located at 25219 113th Avenue S.E. The appeal was filed by Michael Bergstrom of Construc- ! - 4 - I January 19, 1988 ANNEXATION ZONING tion and Development Services, Inc. The Hearing APPEAL Examiner recommends zoning of R1 -7. 2, Single Family Residential ( 7200 square feet minimum lot area) . The packet contains the following: Copies of the letter of appeal , recommendations of staff and of the Hearing Examiner, and verbatim transcripts of the public hearing before the Examiner. Kathy McClung of the Planning Department described the area, a 3. 35 j acre parcel situated south of S. 252nd adjacent to the Strattford Arms apartment complex. The public hearing was opened by Mayor Kelleher. Michael Bergstrom noted that he represented Amerinor Holding, owner of the proprty at 25219 113th Avenue S.E. He stated that the Hearing Examiner ' s recommend- ation of R1 -7 . 2 is inconsistent with the Comprehensive Bergstrom Appeal Plan designation of 12 to 24 units per acre. Bergstrom noted that Kent ' s Zoning Code requires that the zoning recommendations for annexed areas be consistent with the Comprehensive Plan. He referred also to the East Hill Plan of 1982 and Resolution 1123 in which the City declares its intent to achieve an average density reduction of 20% on undeveloped multi-family zoned lands. Bergstrom stated that the Hearing Examiner ' s Findings noted that many people spoke in favor of single family zoning but did not mention that there also were many who favored multi-family zoning. He noted that no alternative solutions were considered and that multi-family zoning of a lesser density such as MRG would achieve twice the requirements of Resolu- tion 1123 . Upon Biteman' s question, Bergstrom pointed ! out that this parcel is on the edge of property already i developed and adjacent to parcels zoned MRG and MRM with single family zoning to the east and on 111th to the west. He pointed out that some of the Hearing Examiner ' s findings did not pertain to this particular parcel and that sewer service is adequate for multi- family development. Bergstrom noted that right of way dedications would reduce the parcel to 2 . 84 acres and MRG zoning would allow about 45 units. Bergstrom referred to staff concerns relating to traffic, and emergency services and he recommended that these issues could be addressed by the City aggressively applying SEPA authority to examine impacts of future developments so such impacts could be mitigated. Gene Oades stated that there are single family resi- dences to the east and to the south within one block I - 5 - i January 19, 1988 ANNEXATION ZONING of this parcel. He noted the traffic problems which - APPEAL would result if multi-density zoning was given. Tom Delaney stated that the sewer service on 113th only extends half way up the street. Mayor Kelleher noted that this hearing would be con- tinued to March 1st along with the hearing for the zoning of the entire Area C properties. There were no further comments and BITEMAN MOVED to continue the hearing to March 1 . Houser seconded and the motion carried. ANNEXATION ZONING Zoning of Area C - East Hill Community Well Annexation Area No. 2. This is the first of two hearings to con- sider the Hearing Examiner ' s recommended zoning for the East Hill Community Well Annexation No. 2, Area C. Kathy McClung of the Planning Department described the Hearing Examiner ' s recommendation as follows: AREA C 1. For the area west of 112th Avenue SE extended and north of SE 248th Street: R1-7.2, Single Family Residential (7,200 square foot minimum lot size) . 2. For the area south of SE 252nd Street: R1-7.2, single Family Residential (7,200 square foot minimum lot size) except the 4.80 acre parcel known as Stratford Arms. 3. Stratford Arms: MRM, Medium Density Multifamily Residential, allowing 23 units per acre (entire Stratford Arms site, including the undeveloped portions) . 4. H. L. Bainton property south of SE 248th Street, adjacent to former City boundary: MRG, Garden Density Multifamily Residential, maximum of six dwelling units per acre. 5. Property east of 112th Avenue SE extended, north of SE 252nd except Bainton property: R1-9.6, Single Family Residential (9,600 square foot minimum lot size) . She noted that the Hearing Examiner also recommended two conditions: 1. If the H. L. Bainton property is not developed as proposed under the Walnut Park zero lot line plat, the property shall revert to R1-9.6. 2. Property will be deeded to provide right-of-way widths for future street development prior to the issuance of a development permit. - 6 - i January 19, 1988 ANNEXATION ZONING Upon Mann ' s question, McClung noted that the staff recommended lower densities than were shown on the Com- prehensive Plan map, but used the lines on the Plan as guidelines, so 112th Avenue S.E. is the boundary between the two different zoning recommendations. Upon Biteman' s question, McClung explained that conditions existing on the ground itself could cause considera- tion of higher or lower density zoning. The Mayor declared the public hearing open. Al Silva, 25322 113th Avenue S.E. , expressed his con- cerns regarding the zoning in Area C and showed slides of the area south of S. 248th. He pointed out that the single family homes were surrounded by 12 apart- ment complexes. Stratford Arms was built in the middle of single family housing and the Margaret Ward property was sold and rezoned to expand the Stratford Arms complex. He stated that the zoning policy should be reasonable and consistent and recommended two pos- sible solutions: either stop the encroachment of multi-housing development in this area and the result- ing inconsistent, preferential rezoning of single family areas (especially the Margaret Ward property and the Bergstrom property) or designate the entire south half of Area C as multi-housing zone in this area, so that other residential areas might be saved and private homeowners could do some long range plan- ning for their property. Tom Delaney, 25420 113 Avenue S.E. , concurred with Silva. Randy Brealey, 10910 N.E. 66th Place, Kirkland, pointed out the Bainton property as part of the pro- perty for the Walnut Park zero lot line subdivision. He noted that at the time of the Hearing Examiner ' s recommendation, the conditions were acceptable, but that the situation is now quite different for the Bainton property. He stated that the developer of the project had filed bankruptcy; the Howard property has been sold and townhouses will be developed on the Wilcox property. He pointed out that the Hearing Examiner ' s conditions would now change the zoning recommendation for the Bainton property from MRG to R1 -9. 6. He showed sketches of how the property could be developed under each zoning designation and requested that the MRG designation be retained. The zero lot line ordinance requires a 5-acre parcel and cannot be applied to the Bainton property which is 4. 4 acres. - 7 - January 19, 1988 ANNEXATION ZONING This property now stands alone and will be developed as a short plat. He suggested a duplex condominium project with 22 units, which is a 1 /3 reduction from the number of lots in the Phase 2 proposal for Walnut Park. Brealey showed the use of a private road to avoid dedication of a 60 foot right of way for this long, narrow parcel. Leona Orr, 24909 114th Avenue S.E. , expressed her con- cern regarding over-development of the East Hill resulting in traffic problems and she stated that response time for emergency vehicles is one of the highest in the city. She urged the Council to reverse the recommendation for multi-family zoning on the small piece of property adjacent to Stratford Arms and to not allow multiple zoning for the Bainton property. Orr urged the City to consider providing for parks on the East Hill, and noted that school enrollment is expected to grow at a rapid pace. Jim Singletary, 24823 114th Avenue S.E. , noted that since the installation of a traffic light at S.E. 248th and 104th Avenue S.E. last March, traffic has doubled. He cited traffic problems, especially noting the intersections of 104th S.E. and S.E. 240th, 116th S.E. and 240th S.E. , and 104th S.E. and 256th. He statedthat these problems should be addressed before increasing multi-family zoning. Joan McCallum, 25238 111th Avenue S.E. , suggested that the undeveloped properties in Area C be zoned at least R1 -9. 6. She stated that homes built on lots of 7200 sq. ft. , would lower the value of the homes built on the larger lots. McCallum also stated that she is opposed to the multi- family zoning, pointing out that the residences on 111th are surrounded by multi-family developments . Charles Spurgeon, 11124 S.E. 248th, spoke in favor of multi-family housing and noted that the general area has developed as multi-family and commercial use over the past few years. He read a letter which was pre- sented tonight. He also read a letter from Lewis A. Haak, owner of property at S.E. 240th and 116th S.E. , pointing out that 240th was widened through the LID process for which the proprty owners were assessed. Haak objected to single family zoning on a five-lane street which already has commercial zoning in some places. BITEMAN MOVED to make both letters a part of the record. White seconded and the motion carried. - 8 - I i January 19, 1988 ANNEXATION ZONING Jim Orr, 24909 114th Avenue S.E. , noted that 130 resi- dents of the area had signed a petition requesting R1 -12 zoning for Area C. Orr noted that the City has been seeking input and participation from the public, and urged the Council to let people know they are listening. (The petition was filed for the record on October 20 and copies were distributed with the documents for this hearing. ) There were no further comments and BITEMAN MOVED to continue this matter to the March 1 , 1988 Council meeting. Woods seconded and the motion carried. DOWNTOWN (CONSENT CALENDAR ITEM 3L) REVITALIZATION Funding for Burlington Northern Depot Rehabilitation. ADOPTION of Resolution 1157 supporting the Planning Department ' s application to obtain funding from the 1989 Washington Centennial Commission to restore the Burlington Northern Depot in downtown Kent. LICENSING (CONSENT CALENDAR ITEM 3D) Interlocal Agreement - King County. AUTHORIZATION to enter into an interlocal service agreement with King County covering the licensing of private security agencies and employees thereof, as recommended by the Operations Committee. This is a renewal of the exist- ing agreement which has been satisfactorily handled for the past six years . BUDGET (CONSENT CALENDAR ITEM 3I ) 1987 Budget Adjustment ordinance. ADOPTION of Ordi- nance 2765 for the 1987 Budget Adjustment, as recom- mended at the January 15 Operations Committee meeting. The ordinance combines, in one place, budget amounts for previously approved expenditures. The major items are funded with bond issues and grants. POLICE DEPARTMENT (CONSENT CALENDAR ITEM 3M) Completion of the Remodel Project of the Police Depart- ment. ACCEPTANCE of the Police Department Remodel Project, by Alpine Construction, as complete. (CONSENT CALENDAR ITEM 3N) Corrections Facility Roof Leakage. AUTHORIZATION to expend funds to resolve the roof leakage problem to abate further water damage to the facility and equipment. Legal responsibilities of errors and omissions are currently being researched by the City Attorney' s office. - 9 - January 19, 1988 APPOINTMENTS (CONSENT CALENDAR ITEM 3C) LEOFF Disability Board. CONFIRMATION of the Mayor ' s appointment of Christi Houser as one of the City Council representatives on the LEOFF Disability Board to serve a two-year term expiring 12/31 /89, in accord- ance with Ordinance 2183. (CONSENT CALENDAR ITEM 30) Planning Commission. CONFIRMATION of the Mayor ' s reappointment of Nancy Rudy and Rusty Dunham to the Planning Commission. Both terms expire 12/31 /90. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 25, 1988 after auditing by the Operations Committee at its meeting at 8 : 30 a.m. on January 29, 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 12/10-12/15 56170-56186 12/15-12/23 56544-56566 $208,664.60 12/31 56580-56896 636,893.58 $845,558.18 Approval of checks issued for payroll: Date Check Numbers Amount 1/5/88 98983--99528 $573,281.09 COUNCIL Council President. As Chairman of the Mayor ' s Task COMMITTEES Force on Transportation Congestion, White submitted a report which makes the following recommendations : A. Test Case on Transportation Benefit Districts It is recommended the City actively work with the County in the formation of a Transportation Benefit Transportation District for funding of the 272nd/277th Corridor and Task Force the City participate in seeking a judicial determination of the constitutionality of TBDs. B. The Public and Private Local Transportation Act of 1988 It is recommended the City agree with the concept of this proposed act but not support it as written. It is suggested staff review it with other South King County municipalities to determine if they have concerns with the language of the proposal and pursue the various avenues for its modification. 10 - January 19, 1988 COUNCIL C. Local Improvement District Statute Revisions COMMITTEES It is recommended the Council support the point of allowing property owners to pay for and perform certain soft costs of the development process and to be reimbursed during the LID process but not to support the points of 1) narrowly defining and authorizing no-protest agreements and 2) authorizing a jurisdiction to defer property assessments on Transportation undeveloped properties until they are developed to Task Force their highest and best use. D. Gas Tax Increase It is recommended Council support an increase in the gas tax while reserving its right to comment on specific legislation. Mayor Kelleher stated that he supports these recommend- ations and commended White, Elmira Forner and the members of the Task Force and asked that this be scheduled for action at a future Council meeting. White announced Council Committee appointments as follows: Operations - Houser (Chair) , Mann, Dowell Public Works - Johnson (Chair) , Woods, Biteman Council Committees public Safety - Biteman (Chair) , Mann, Houser Planning - Woods (Chair) , Johnson, Dowell Parks - Dowell (Chair) , Johnson, Woods White reminded the Chairs of various committees to set meeting dates as soon as possible, bearing in mind that the purpose of the committees is to seek public input, and meetings should be scheduled accordingly. He suggested that all committee meetings be held in the same room to make it more convenient for the public. White also reminded the Council that the NLC Con- gressional Caucus will be held March 19-22 in Washing- ton D.C,. and the NLC Annual Meeting is December 3-7 National League in Boston, and asked that he be notified which con- of Cities ferences the Councilmembers will be attending. Biteman stated that attendance at League functions is extremely important. He stated that 75% of the League membership consists of cities under 50, 000 . He noted that the League has a municipal reference and research service which the City could use. - 11 - January 19, 1988 COUNCIL White announced that there would be a Council workshop COMMITTEES next Tuesday, January 26, and that agenda items will include a parks video production presentation and a Council Workshop presentation on a transportation system management ordinance which was called for as a part of the West Valley Study. (This meeting was later cancelled. ) Public Works Committee. Johnson announced that the next meeting would be held at 4: 00 p.m. on Tuesday, January 26 in the Engineering Conference Room. He stated that the Public Works Committee would meet regularly on the 2nd and 4th Tuesday of the month at 4 : 00 p.m. in the Engineering Conference Room unless other notification is given. Planning Committee. Woods reported that a small group of City and County representatives will be selecting Library the architect for the new library on Wednesday, January 20. Administrative Reports. McFall asked for a Council executive session to discuss negotiations for land acquisition and litigation. The Mayor noted that Lyle Price of the Valley Daily News had expressed a con- cern regarding the use of the executive session for the litigation which is going on with King County and asked the City Attorney to comment. Driscoll replied that the Open Public Meetings Act states that the Council may go into executive session to discuss liti- gation with their legal counsel when public knowledge regarding the discussion would likely result in adverse legal consequences. This includes discussion of legal strategy, legal theories and, in this particular case, the possible outcome of accepting the Mayor ' s recommendation to drop the suit against the County, because it could have an adverse legal effect on the litigation itself. White stated that he hoped that the Council would make public their decision, or make the decision in public . Driscoll rioted that the Council may do so, though it is not required. Biteman reported on a recent conference he attended in Minneapolis at no cost to the City. He stated that he had seen the only recycling and resource recovery plan in the nation which does no burning. The plant handles 400 tons a day and 90% of the garbage that goes into this plant is being recycled. They pelletize the material, and remove the aluminum, glass, etc. , 12 - i January 19, 1988 COUNCIL and sell it, which covers the salaries of all the COMMITTEES employees. He noted that a nearby preschool , hospital and senior housing had no complaints at all about the plant. Biteman indicated that the cost is less than half of the burn plant. Upon White ' s question, he noted that there are several companies who would be willing to make a formal presentation to the Council . The Mayor noted that the City has until April of this year to decide where to commit its waste stream, and that whoever controls the waste stream determines what facilities will be usd. Upon Biteman' s question, Driscoll stated that the County could site a facility within the City of Kent if all siting requirements were met. At 9: 35 p.m. , the Mayor called for a five-minute recess before the beginning of the executive session. EXECUTIVE SESSION The Council reconvened at 9: 52 p.m. and WHITE MOVED to authorize the Mayor to terminate the lawsuite with King County King County at such time as the City Attorney recom- Lawsuit mends that this is adviseable. Woods seconded and the motion carried unanimously. WOODS MOVED to acquire the Fenwick Park property at $450, 000 over a ten-year period and to authorize the Parks Acquisition Mayor to execute the necessary documents . Johnson seconded and the motion carried unanimously. ADJOURNMENT The meeting was adjourned at 9: 55 p.m. Marie Jensen, CMC City Clerk 13 -