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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/07/1988 Kent, Washington June 7, 1988 Regular meeting of the Kent City Council was called to order at7: 00 P.M. by Mayor Pro Tem White. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann,White and Woods, City Administrator McFall, City Attorney Driscoll, Planning Director Harris and Public Works Director Wickstrom. Also present: Fire Chief Angelo, Police Chief Frederiksen and Personnel Director Webby. Mayor Kelleher and Finance DirectorMcCarthy were not in attendance. Approximately 15 people were at the meeting. PRESENTATIONS Employee of the Month. Council President White announced that Jim Hansen, Planning Manager, has been selected as the Employee of the Month for June. White commended Hansen for his outstanding management of the Planning Department ' s Strategic and Operational Planning Division. Jim Harris , Planning Director, noted that Hansen is a member of the American Institute of Certified Planners, as well as the American Planning Association. Police Department Presentation. Officer Mark Gustafson, Vice-President of Police Union 1088, noted that the Union is active in various public service capacities, : such as the P D Panda van, Miss Kent, and various ball teams. He stated that the Union has built a photographic display case, which he then presented to the City on behalf of the Police Union. Chief Frederiksen thanked Gustafson, noting that he had done much of the work on the display case. PROCLAMATION Duwamish-Green River Clean Up Day. Council President White read a proclamation declaring June 11, 1988 , as "Duwamish-Green River Clean Up Day" in the City of Kent. CONSENT CALENDAR Woods moved to approve Consent Calendar Items A through X, with the, exception of Items G, L and M which were removed by Councilmembar Dowell , Item S which was removed by Councilmember White and Item W which was removed by Councilmember Houser. Houser seconded and the motion carried. MINUTES (Consent Calendar Item 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of May 17, 1988. STREETS Smith Street Improvements (First to Jason) . - 1 - June 7 , 1988 STREETS Bid opening was held May 19, with five bids received. The lowest responsible bid in the amount of $590, 900. 72 was submitted by West Coast Construction. The Public Works Director recommends that the bid be accepted and the contract awarded to West Coast Construction. JOHNSON SO MOVED. Houser seconded and the motion carried. STREET VACATION (CONSENT CALENDAR ITEM 3C) Brutsche Street Vacation. ADOPTION of Ordinance 2779 vacating portions of North 2nd Avenue, North 3rd Avenue and two adjacent alleys upon the request of Leo and Norma Brutsche. TRAFFIC CONTROL (CONSENT CALENDAR ITEM 3E) LID 333. ADOPTION of Ordinance 2780 creating LID 333, 72nd Ave. So. and So. 180th St. traffic signal. (CONSENT CALENDAR ITEM 3J) Condemnation. ADOPTION of Ordinance 2783 providing for the acquistion through condem- nation of a certain portion of Kingsport In- dustrial Park to acquire a right-of-way for the 192nd/196th corridor as was approved by the Council on November 3 , 1986 . SEWERS (CONSENT CALENDAR ITEM 3F) LID 334. ADOPTION of Ordinance 2781 creating LID 334, Derbyshire No. 7 sanitary sewer. (CONSENT CALENDAR ITEM 3K) Pay N Pak Sanitary Sewer Extension. ACCEPTANCE of the bill of sale and warranty agreement for approximately 51 feet of sanitary sewer extension constructed in the vicinity of 27232 72nd Ave. So. for Pay N Pak distribution center and release of the project bonds. No maintenance period is being required as the system has been operational for a period longer than what would be required for maintenance. 2 - June 7 , 1988 WATER (CONSENT CALENDAR ITEM 3P) Regional Water Association. APPROVAL for the City ' s continued participation in the association and for payment of annual dues in the amount of $8, 100. DRAINAGE (CONSENT CALENDAR ITEM 31 ) Mill Creek Detention Facility. ADOPTION of Ordinance 2782 providing for the taking of an easement for ingress and egress in the area of the upper Mill Creek drainage facility for maintenance of the detention facilities in the vicinity of 106th Ave. S.E. and S.E. 268th block. PUBLIC WORKS (CONSENT CALENDAR ITEM 3Q) The Lakes. AUTHORIZATION for the Mayor to sign release of covenants for The Lakes project, as approved by the Public Works Committee. The improvements for which the covenants were executed have been constructed. SALT AIR HILLS (CONSENT CALENDAR ITEM 3W) ANNEXATION TO REMOVED BY COUNCILMEMBER HOUSER DES MOINES Salt Air Hills Annexation to Des Moines. City Administrator McFall stated that the City has received a valid petition for de-annexation of an area of Kent known as Salt Air Hills. He noted that the petition has been reviewed by the County Prosecuting Attorney ' s office. McFall recommended that the Council acknowledge receipt of the petition and refer it to the Council Planning Committee where the matter could be studied and a recommendation made to the Council . HOUSER MOVED that the petition be accepted and referred to the Planning Committee as well as other committees , such as Public Works and Public Safety which would be involved. Mann seconded. The motion carried. SURPLUS PROPERTY Scenic Way. Bid opening for sale of the surplus property on Scenic Way was held May 18. One bid was received from Jack Bigford in the amount of $3 , 300 . The bid exceeds the minimum required bid, therefore it is recommended the bid be accepted and the staff proceed to transfer ownership of the property. JOHNSON MOVED that the bid in the amount of $3, 300 be accepted and staff proceed with transfer of ownership in the 3 - i i i June 7, 1988 SURPLUS PROPERTY surplus property in the vicinity of 520 Scenic Way. Woods seconded and the motion carried. 102nd Avenue S.E. and S.E. 240th. Bid opening for sale of the surplus property on 102nd Avenue S.E. and 240th was held May 26. One bid was received from O.F. Benecke in the amount of $3 , 350 which meets the minimum required bid. It is recommended the bid be accepted and the staff proceed to transfer ownership of the property. JOHNSON MOVED that the bid in the amount of $3 , 350 be accepted and staff proceed with transfer of ownership in the surplus property in the vicinity of 102nd Avenue S.E. and 240th. Houser seconded and the motion carried. PROPERTY ACQUISITION ( CONSENT CALENDAR ITEM3R) Curran Law Building. The Operations Committee has considered leasing office space in the Curran Law Building which has recently been vacated. The Committee recommends that the City not enter into a lease agreement for office space in this facility. FIRE DEPARTMENT (CONSENT CALENDAR ITEM 3N) Site Preparation on East and West Hill Properties. Authorization to proceed with site preparation of the West and East Hill properties in June, I prior to the conditional use hearing. (CONSENT CALENDAR ITEM 30) Architect Services. AUTHORIZATION for the Mayor to sign an agreement with the firm of Edberg Christiansen Architects for the East Hill headquarters station and training center and for the remodel of the downtown fire station. HAZARDOUS WASTE (CONSENT CALENDAR ITEM 3H) Hazardous Waste Zoning Grant. Accept grant contract with the Washington State Department of Ecology for consulting services to develop hazardous waste zoning regulations pursuant to requirements of RCW 70. 105 and to authorize the Finance Department to set up a budget account for this grant. 4 - June 7, 1988 KENT CENTENNIAL (CONSENT CALENDAR ITEM 3L) REMOVED BY COUNCILMEMBER DOWELL Kent Centennial Logo. APPROVAL of the Kent Centennial Logo. The logo iscomprised of 10 sections, one for each of ten decades of the Kent Centennial. Homage is paid to early pioneers farming, dairy and lumber industries, the Green River, the railroad, the beauty and livability of Kent and Kent ' s future. The logo is designed by graphic artist, Jennifer Holmes, of Kent and was selected from over forty applicants . The :design has received the approval of the Kent Arts Commission. Woods moved to approve Item 3L. Johnson seconded. The motion carried with Dowell abstaining. (CONSENT CALENDAR ITEM 3M) REMOVED BY COUNCILMEMBER DOWELL Kent Centennial Composition. APPROVAL of the contract between artist Timothy A. Kramer and the City of Kent. The City of Kent Arts Commission recommends the approval of the contract for the commissioning of the Kent Centennial composition. The composition will be premiered by the Rainier Symphony for the citizens of Kent during Kent ' s Centennial . Woods moved to approve Item 3M. Johnson seconded. The motion carried with Dowell abstaining. CONDITIONAL Goodwin Professional Center Appeal. At their April 19 meeting, the City Council held a public USE kPPEAL hearing to consider an appeal of the Hearing Examiner ' s recommendation of denial of Goodwin Professional Center conditional use permit No. CE-87-6. The Council remanded the appeal to the Hearing Examiner as a request for re- consideration. The subject property is located on the east side of 104th Avenue S.E. south of S.E. 248th Street. Greg McCormick of the Planning Department noted that the area is currently zoned "Office" and that there are some service-type uses allowed in that zone. Upon Johnson ' s question, McCormick noted that the applicant wants to use up to 50% of the development, which exceeds what is allowed, but that there is that provision in the Code. DOWELL moved to grant the appeal. Johnson seconded and the motion carried. 5 - June 7, 1988 VALLEY FLOOR PLAN East Valley Study - Amendments to the Valley Floor MAP AMENDMENTS Plan Map. Six changes to the Valley Floor Plan Map have been recommended by the Planning Com- mission as a result of the East Valley Study. These changes recognize opportunities for com- mercial growth in the East Valley corridor while designating and protecting the slopes east of the Valley Freeway for single family residential use. The Planning Commission held several work- shops and two public hearings on these changes. Fred Satterstrom of the Planning Department explained that the recommendation is to reduce the industrial �Iesignation and expand the in- dustrial park designation in Area 1. He noted that Area 2 is currently designated for in- dustrial purposes and would be changed to com- mercial. Satterstrom noted that the recom- mendation for Area 3 would be commercial rather than the existing industrial, and that Area 4 would be designated office. He noted that Area 5 is divided into two parts, one north of Area 4 and the other south of Area 4 . Satterstrom indicated that the recommendation is to change the zoning in this area from residential ag- ricultural to single family residential. Area 6 is currently zoned residential agricultural and Satterstrom noted that the recommendation is to change that to multifamily residential. Upon Biteman ' s question, Harris pointed out that most of the low-lying wet area on the west side of the southern section of Area 5 is owned by the City of Kent. Satterstrom noted for Biteman that the portion of Area 5 north of 208th was believed by the Planning Commission to be physically and visually separated from the office designation in Area 4 , which is 40' lower in elevation. He noted that the northern section of Area 5 is characterized by single family development, that 40 of the 73 lots are single family land use and that the Planning Commission feels single family is the best designation. - 6 - June 7, 1988 VALLEY FLOOR PLAN WOODS MOVED to adopt the recommendation of the MAP AMENDMENTS Planning Commission, to direct staff to develop implementation zoning, and to direct the City Attorney to develop a resolution implementing the amendments to the Valley Floor Plan. Houser seconded and the motion carried. ZONING CODE East Valley Study. Based on the East Valley Study completed in March by the Planning Depart- ment, the Planning Commission has recommended several amendments to the Zoning Code. Dan Stroh of the Planning Department explained the proposed amendments as follows: ( 1 ) Establish a landscape corridor along East Valley Highway which would create a uniform landscaping area of 151 . (2 ) Change the front yard setback regulations in the M2 zone ( limited industrial ) . This would establish a 40 , front yard setback on arterials and collector streets, and a 30 ' setback on local access streets. ( 3 ) Institute special screening requirements for dock high loading areas. The recom- mendation is to use earth berms which would be 30" high in the limited industrial district and 20" high in the general in- dustrial district . ( 4 ) Establish transition area requirements in the East Valley. He noted that these re- quirements are designed to do a better job of buffering the residential development from other kinds of development. ( 5 ) Clarify solid wasteissues. Stroh noted that this amendment would establish solid waste recycling as a conditional use in the limited industrial district and as a prin- cipal use in the general industrial district . He noted that the Zoning Code does not presently address that type of use spe- cifically. - 7 - June 7 , 1988 ZONING CODE Stroh noted that this item would also AMENDMENT clarify that a solid waste incinerator would have to go through the special use combining district, which involves Hearing Examiner and City Council review. Upon Biteman' s question, the City Attorney confirmed that this amendment would assure that such a use would have to come before the Council. WOODS MOVED to adopt the Zoning Code amendments by the Planning Commission and to direct the City Attorney to develop an ordinance implement- ing the same. Houser seconded and the motion carried. ZONING CODE Hazardous Waste Treatment and Storage Facilities. AMENDMENT This proposal is to amend the City of Kent zoning code as required by recent State legislation to designate land use zones in which hazardous waste treatment and storage facilities will be allowed as permitted uses. The proposed amend- ments will add new definitions , siting criteria, performance standards and permitted uses to the commercial, industrial and agricultural zones. The Planning Commission has recommended this action after holding a public hearing on May 23, 1988. Consultant Brad Collins noted that the necessity for these changes was brought about by the changes in State law in 1985 which mandates that local governments complete and submit initial desig- nation zones for hazardous waste facilities by June 30, 1988. He noted that prior to this hazardous waste was not mentioned in the -zoning code and therefore, it was not regulated very well. Collins noted that the performance standards must be consistent with State siting criteria. He also noted that hazardous waste is relatively wide spread and he showed a map put together by the Fire Department identifying various lo- cations where hazardous substances are found, noting that there are over 80 such places in the City. Collins asked the Council to approve the amendments as proposed for submittal to the Department of Ecology, who will review them and determine consistency with State siting criteria and other regulations. Upon Biteman ' s question, Collins noted that there may be some non-conforming uses which would not meet some of the performance standards and that those uses - 8 - June 7, 1988 ' ZONING CODE would be grandfathered until changes or improve- AMENDMENT ments are made, at which time they would have to conform to the new regulations. Collins also noted for Biteman that the Department of Trans- portation, the Fire Department, EPA and DOE all have lists of hazardous wastes and that ultimately these items would be cataloged in the Uniform Building Code. WOODS MOVED to adopt the recommendation of the Planning Commission and to direct the City Attorney to prepare an ordinance implementing the zoning code amendments upon approval from the Department of Ecology. Biteman seconded and the motion carried. ZONING CODE Adult Entertainment Establishments. The proposed AMENDMENT amendment to the zoning code defines adult enter- tainment establishments, adds them to the list of adult uses, and regulates their location with respect to protected uses . The Planning Com- mission recommended these changes at their public hearing on May 31 , 1988. Fred Satterstrom of the Planning Department noted that there are areas in the city where adult entertainment establishments would be allowed, but that they could not locate within 1000 ' of any church, residential zone, school public park or library. Upon Biteman ' s question, Satterstrom confirmed that the regulation had been upheld by the Supreme Court. BITEMAN MOVED to adopt the Zoning Code amendments recommended by the Planning Commission relative to adult entertainment establishments and to direct the City Attorney to develop an ordinance implement- ing same. Houser seconded. Pete Daigle, 25005 22nd Avenue S. , noted that many West Hill residents had attended a recent Council meeting to ask for legislation regarding this matter. He stated that he is satisfied with the results of that meeting and thanked the Mayor, Council and City employees for their work on the matter. The motion then carried. - 9 - I June 7, 1988 ANNEXATION LeBlanc Annexation Initial Zoning - No. AZ-87-5. ZONING This is the second and final hearing to consider the Hearing Examiner ' s recommended zoning of the LeBlanc Annexation. The first hearing was May 3 , 1988. The property is approximately 15 acres in size and is locatedsouth of S.E. 232nd Street and west of 112th Avenue S.E. Mayor Pro Tem White declared the public hearing open. Upon a question from Ed Smith, 23508 112th Avenue S.E. , McFall noted that the Council could establish a lower limit than the maximum 12 units allowed. Smith urged the Council to set the limit at 8 units per acre, and noted that 112th does not have any sidewalks for the children who walk to school. Warren Tuttle, 11208 S.E. 235th Place, stated that the residents of the area have made their concerns known and urged the Council to consider them. Deborah Tuttle, 11208 S.E. 235th Place, noted that there are no shoulders on 112th and voiced concern about the safety of children walking to school . She also noted that if condominiums go in, it would impact an already overcrowded school. She urged the Council to take into consideration the fact that the Hearing Examiner was mandated to make the decision she made. Dennis Dague, 11218 S.E. 234th Place, submitted several letters, petitions and a site plan and read the recommendations of the Hear- ing Examiner. Dague then requested that the deci- sion of the Hearing Examiner be overturned. WOODS MOVED to make the exhibits a part of the record. Biteman seconded and the motion carried. Public Works Director Wickstrom suggested that one of the Hearing Examiner ' s two conditions be changed. He explained that with the present wording, until all property owners deed the required right of way, the final passage of the ordinance could not take place, which could be a problem if any of the pro- perty owners within the annexation area were to object to the condition and refuse to deed the addi- tional right of way. Jim Hansen noted that prior to annexation, the Com- prehensive Plan was amended as a result of the pro- perty owner ' s interest in saving as many trees as possible on the site, which was initially a botanical garden. He noted that there are many rare trees which are over 40 years old and are now quite large. Hansen stated that the issue before the Council at this time is the assigned density. He noted that 10 - June 7, 1988 ANNEXATION when the land is finalized in terms of zoning, the ZONING applicant will submit a site plan which the staff will analyze, and that conditions could be estab- lished through the SEPA process. He stated that the public would be informed and involved in that process. There were no further comments from the audience and BITEMAN MOVED that the public hearing be closed. Woods seconded and the motion carried. Upon Woods ' question, Harris stated that the Council could con- dition the MRG down to a less dense use. Wickstrom noted for Dowell that adding the improvement of the street or sidewalk could be a third condition. Hansen noted for Johnson that if the zoning were 12 units per acre, the net effect would probably be about 70 units, and 20 units for single family zon- ing, but emphasized that many factors would be taken into consideration and that it is difficult to determine exactly. JOHNSON MOVED that the Hear- ing Examiner ' s recommendation be modified, that MRG be approved with 8 units per acre, that 112th Avenue be fully improved from 240th to 232nd with side- walks on both sides of the street prior to the issuance of a development permit, that Hearing Exami- ! ner ' s Conditions 1 and 2 (as revised) be approved and that the northern portion of the site be zoned R1 -9. 6. Woods seconded. Dowell voiced concern that if density is reduced it might not be possible to make the improvements. Biteman said he is concerned that the cost to the tenant would be exorbitant. Woods stated that she is a resident of 112th Avenue S.E. and that it must be brought up to standard. White offered a friendly amendment to the motion, that the area be approved with 12 units per acre rather than 8. Dowell seconded. White clarified that his concern is that the street be improved. Johnson explained that 8 units per acre would reduce the impact on the school and traffic. The proposed amendment failed with Mann, Johnson, Woods and Houser voting against it. Dowell stated that he would like to see the improvements made with 12 units per acre. Biteman agreed. The original motion, which is to zone the area 8 units per acre, carried with Dowell and Bite- man voting against it. BITEMAN MOVED that the area recommended by the Hearing Examiner for single family R1 -9. 6 be included with the 8 units per acre designation. There was no second and the motion failed. - 11 - June 7, 1988 ANNEXATION (CONSENT CALENDAR ITEM 3G) REMOVED BY COUNCILMEMBER DOWELL Mortenson Annexation. ACCEPTANCE of a 10% Notice of Intent for annexation of approximately 10 acres in the vicinity of South 218th Street and 98th Avenue South and authorization to set July 5 as the date to meet with initiators . WOODS MOVED to approve Item 3G. Johnson seconded. The motion carried with Dowell abstaining. PERSONNEL (CONSENT CALENDAR ITEM 3T) Public Works Reorganization - Equipment Rental Divi- sion. AUTHORIZATION for the placement of the posi- tion of Lead Mechanic, Equipment Rental Division of the Public Works Department at salary range T-30 . This is a newly created position in the Teamsters Bargaining Unit which has been previously authorized by the City Council. This action authorizes the salary range for the position. (CONSENT CALENDAR ITEM 3U) Finance Department - Customer Services Division. AUTHORIZATION for the reclassification of the posi tion of Craftsman/General Building Maintenance Worker, Customer Services Division, Finance Department. Reclassification will place the salary range at T-27 . This reclassification has been reviewed and recom- mended for approval by the Operations Committee at its meeting on June 1 , 1988. (CONSENT CALENDAR ITEM 3V) Transfer of Supervisory Positions from the Teamsters Bargaining Unit - Public Works/Finance Departments. AUTHORIZATION of the placement of the positions of Control Room Supervisor, Public Works Department and Field Services Supervisor, Finance Department to salary ranges 28 and 29 respectively. The City and the Union had previously reached agreement that the positions are now supervisory in nature and no longer within the jurisdiction of the Union. The transfer has been reviewed and approved by the Operations Committee at its meeting on May 16 and June 1 , 1988. APPOINTMENT (CONSENT CALENDAR ITEM 3X) Library Board Appointment. CONFIRMATION of the Mayor ' s appointment of Betty Rasmussen to replace Steve Johnson on the Library Board. This terms expires in January 1991 . FINANCE ( CONSENT CALENDAR ITEM 3D) Workers Compensation Bank Account. AUPHORIZATION for a Workers Compensation bank account. The City of Kent pays approximately $95 , 000 a year in worker 12 - June 7, 1988 r'INANCE compensation claims. These claims range from small amounts for prescriptions to large amounts for med- ical and hospital bills. Scott Wetzel, the City' s claims provider, processes approximately 30 to 40 claims per month. Following discussions with Scott Wetzel, it was determined that they could actually write the checks forwarding them to the recipients and charge a special City bank account which would be replenished upon auditing of the claims by the City. This process of a separate bank account has been established at the City ' s bank. This account is authorized to have up to $2, 000 to avoid the possibility of a check being processed for payment and funds not being in the account. (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 7, 1988 after auditing by the Operations Committee at its meeting at 8: 30 a.m. on June 15, 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 4/29 - 5/12 60281 - 60284 60761 - 60789 $ 69,521.42 5/16 60794 - 61286 1,253,120.00 5/13 - 5/26 60790 - 60793 61294 - 61320 250,260.16 6/1 61325 - 61693 743 ,997.16 $2,316.898.74 Approval of checks issued for payroll: Date Check Numbers Amount 5/20/88 104321 - 104937 $ 599.066 .84 COUNCIL (CONSENT CALENDAR ITEM 3S ) Council Meeting Change of Location. AUTHORIZATION to change the location of the regular Council meet- ing of June 21 , 1988 to the Kent Methodist Church located on the East Hill at 11010 S.E. 248th St. The meeting will be conducted as usual at 7 : 00 p.m. REPORTS President's Report. White announced that he had attended the Puget Sound Leadership Conference which addressed problems in the Puget Sound area. He noted that the conference was very worthwhile. White noted that there will not be a workshop on June 14, 1988. - 13 - June 7, 1988 REPORTS White reminded the Council that the various com- mittees will be meeting during the next two weeks on budget reviews. White noted that there has been a vacancy on the EDC Board since January due to Mr. Bailey ' s retire- ment from the City Council and expressed interest in filling that vacancy. JOHNSON MOVED that White be appointed to fill the vacant position on the EDC Board. Woods seconded and the motion carried. Public Works Committee. Johnson noted that the com- mittee will meet on June 14 at 4 : 00 P.M. in the Engineering conference room. He also announced that Council President White had recently been elected as President of the Suburban Cities Associ- ation. ADJOURNMENT The meeting was adjourned at 9: 00 p.m. ._�/L2..-c•��"�' j;rZ`c�'�;�='� ICI Brenda Jacobe"r Deputy City Clerk 14 -