Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/19/1988 Kent, Washington July 19, 1988 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, John- son, Mann and Woods, City Administrator McFall, City Attorney Driscoll , Planning Director Harris , Public Works Director Wickstrom and Finance Director McCarthy. Also present: Fire Chief Angelo. Councilmembers White and Biteman were not in attendance. Approximately 40 people were at the meeting. CONSENT CALENDAR WOODS MOVED that Consent Calendar Items A through G 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 July 5, 1988. TRAFFIC CONTROL 1989 to 1994 Six Year Transportation Improvement Plan (TIP) . This date has been set for the public hearing on the annual update of Kent ' s Six Year Transportation Improvement Plan. The City Clerk has given the proper legal notice of the public hearing. The Mayor declared the hearing open. Public Works Director Wickstrom reviewed the plan consisting of the following projects : 1 . SE 240th St. ( 106th Avenue SE - 116th Ave SE) 2 . West Valley Highway ( SR-181 ) and S. 212th St. 3 . West Valley Highway ( SR-181 ) and S. 190th St. 4. West Valley Highway and S. 180th St. - Phase I 5. SE 277th Street (SR167 - East Valley Highway) 6. West Valley Highway (S. 180th - S. 212th) 7. West Valley Highway (S. 212th - S. James St. ) 8. SE 260th St. and 104th Avenue SE 9. Canyon Drive (SR-516 ) Hazel Avenue - Weiland St. 10. SE 256th St. and 104th Avenue SE 11 . Central Ave. (SR-516 ) Willis St. - Smith St. 12. East Valley Highway (S. 180th St. - S. 192nd St. ) 13. Military Rd - Bolger Road to SR-516 14. Crow Road By-Pass (SR-516 By-Pass ) 15. East Valley and S. 196th Street 16. Kent-Kangley ( SR-516 ) and 111th Avenue SE 17. James Street and Central Avenue 18. North Central Avenue and Smith Street 19. S. 196/200th Corridor Improvement (West Leg) 20. Central Avenue and S. 259th Street 21 . SE 248th St. - 94th Avenue SE to 116th Avenue S 22 . S. 228th Street - Military Road to Russell Road 23 . S. 272nd St. /S. 277th St. Corridor - 1 - July 19, 1988 TRAFFIC CONTROL Ted Knapp referred to No. 22 and noted that Union Pacific Realty was interested in seeing the private sector work with the City for fund- ing such cross-valley projects. There were no further comments and WOODS MOVED that the public hearing be closed. Johnson seconded and the motion carried. JOHNSON MOVED to adopt Resolution 1176 accepting the 1989-1994 Six Year Transportation Improvement Plan. Woods seconded. Motion carried. CITY POLICY (CONSENT CALENDAR ITEM 3G) Public Notice Procedures. APPROVAL of Resolution 1177 establishing a procedure for notifying the public of hearings and the preliminary agenda for City Council meetings. This is required by legislation adopted by the 1988 legislature. COUNCIL (CONSENT CALENDAR ITEM 3C) Excused Absence. APPROVAL to excuse the absence of Councilmember Woods for the August 2 and August 16 meetings and possibly the meeting of September 6. LIBRARY (CONSENT CALENDAR ITEM 3E) Architectural Services - Design of Library Facility. AUTHORIZATION for the Mayor to sign a contract for architectural services covering design of the new downtown library. This agree- ment is to be jointly entered into by the City of Kent and the King County Library System with the architectural firm of the Henry Klein Partnership. FIRE DEPARTMENT (CONSENT CALENDAR ITEM 3D) Surplus Equipment. AUTHORIZATION to declare a Mako Compressor and Cascade System surplus to the needs of the Fire Department and to sell. same to Grant County Fire District No. 4 for $3, 000 . East Hill Fire Station and Training Center Complex. In order to complete the East Hill Public Safety Complex in a timely manner, it needs to be done in two phases. Bids for the first phase, which is the grade and fill, were opened on July 18 at 2 : 30 p.m. Four bids were received, with the lowest bid from Scarsella Brothers in the amount of $608 , 741 . 53 including tax. HOUSER MOVED that the bid be awarded to Scarsella Brothers in the amount of $608, 741 . 53 and that the Mayor be author- ized to sign the contract. Mann seconded and the motion carried. - 2 - July 19 , 1988 SURPLUS UTILITY Surplus Property - S. 244th Street. This date PROPERTY - 30 FT. has been set for the public hearing on the sale STRIP of utility property located in the vicinity of South 244th Street between Summit and 94th Ave- nues. The City Clerk has given the proper legal notice. The Mayor declared the hearing open. Miles Drake noted that he owned property adjoin- ing this site and asked for more information. Wickstrom explained that Allen Stoick owns pro- perty adjoining and wants to purchase this strip to allow access so he can short plat the parcel. If declared surplus, the property could be sold through the bid process. Drake noted that it was not deeded to the city as a street and that the trees on this strip served as a screen for the adjacent owners . He pointed out that he has driven over a portion of this strip for more than twenty years to get to his property. Through the bid process, this strip could be sold to someone who does not have an interest in the property, someone from Seattle for example. Allen Stoick stated that he planned duplexes for the adjacent site and needed the strip for enough access for a fire truck. He confirmed for Mann that his plan would not prevent access for Drake and that he had not as yet had a sur- vey made. He suggested that he would work with the adjacent owners as to the actual location of property lines. Doug Gwinett of 24317 94th Avenue South, stated that the parcel in question was donated in 1967 by Joe Blessing, then five feet was added by Rhinehardt to make the dona- tion 30 feet, in case the city decided to put in a street. He opined that the strip should be left as is and that selling this strip would devaluate McHugo ' s property. Wallace McHugo of 9304 S. 244th, stated that he had lived on the east side of this strip for five years, that he had been told it was part of his property and had been maintaining it. He pointed out that if the strip was sold he would lose half of his yard, and that the portion in question came within 18 inches of his patio. He stated that the property was given to the city and if it is to be sold he thought he should have first chance at acquiring it. There were no further comments and the public hearing was closed. JOHNSON MOVED that a call for bids be authorized offering the property for sale with a minimum bid being the value deter- mined by the Property Manager ' s evaluation plus administrative costs. Woods seconded. - 3 - July 19, 1988 SURPLUS PROPERTY Dowell noted that .the area residents had been using this strip for twenty years and that if the property was sold through the bid process it was possible none of the residents would gain control . He suggeted that the matter of ownership be further explored through the Public Works Department. Johnson noted that this had been before the Public Works Committee. It was clarified for Houser that those residents speaking tonight had not been to the committee meeting. Houser stated that these were all neighbors and they should discuss the matter together. Driscoll clarified that the city could deed only property for which we have title, and that the city would be clear of further responsibility. Johnson ' s motion was defeated with Dowell , Houser and Mann voting against it. HOUSER THEN MOVED to refer the matter back to the Public Works Committee for further consideration. Dowell seconded and the motion carried with Johnson opposing. PARKS & RECREATION (CONSENT CALENDAR ITEM 3F) Golf Course Revenue Bond Ordinance and Purchase Contract. AUTHORIZATION for the Mayor to sign a bond purchase contract with Shearson Lehman and Hutton for the Golf Course Revenue Bonds-1988 as discussed with the Operations Committee at their meeting of July 15 and the adoption of Ordinance 2790 authorizing the issuance of the bonds in the amount of $5, 285, 000 with the average interest rate of 8. 20 percent. The golf course project has been under construc- tion for a number of months , financed with loans from the City ' s general fund. Sale of the bonds at this time repays those loans and provides additional funds for the completion of the golf course facility which is to be opened in June of 1989 . Arthur Anderson has reviewed the City ' s financial presentation for the new golf course and the presentation that calls for the City to pay back the debt service and the operation and maintenance of the course from the revenue bonds. 4 - I July 19, 1988 REZONE APPEAL Appeal - Van Doren's Landing II Rezone. This hearing was continued from July 5, 1988 and will consider an appeal of the Hearing Examiner ' s denial of Van Doren' s Landing Rezone No. II (RZ-88-2 ) . The request is to rezone 7. 1 acres from M1 ( Industrial Park) to M1 -C ( Industrial Park, Commercial Suffix) . The property is located on the south side of South 212th Street approximately 1200 feet west of West Valley Highway. Fred Satterstrom of the Planning Department showed a view foil of the area in question, noting the relationship between the development of Green River Square and the location of Van Doren ' s Landing rezone proposal) to the C-suffix circle. Using charts, Ted Knapp of Union Pacific Realty showed that the City' s lagoon is 400 feet away from the proposed rezone. He noted that higher employment in the area makes more services necessary, pointing out that Boeing alone has 12, 000 employees in the area. Chris Crumbaugh stated that the issue is that this rezone proposal does not follow the City ' s Com- prehensive Plan and would lead to zoning for destination oriented retail services . Laurie Johnson, representing the Green River Study Group, expressed concern about preserving the wildlife habitat at the lagoon. Satterstrom confirmed that the proposal does not fall within the 200 ft. buffer strip surrounding the lagoon. Knapp noted that Union Pacific had no intention of creating destination oriented retail services . There were no further comments and the public hearing was closed by motion. JOHNSON MOVED to disagree with the Hearing Exam- iner ' s recommendation of denial of Van Doren' s Landing II Rezone (RZ-88-2 ) and to recommend that the rezone be approved subject to conditions : Condition #1 : That any proposed use of the land within 200 feet of the lagoon shall conform to Resolution 922 and Ordinance 2630; Condition #2: In addition to other applicable procedures and requirements, any proposed use of the land includ- ing, but not limited to, development, clearing, grading, drainage, paving and the like shall be reviewed by the Soil Conservation Service Citi- zen ' s Advisory Board and a report of that com- mittee shall be provided to the Council who shall make the final decision. Also to be included 5 - July 19, 1988 REZONE APPEAL in the motion are any conditions from the Plan- ning or Public Works Departments. Woods seconded the motion. Satterstrom noted that since the staff had recommended denial, conditions had not been addressed. He noted though that the Planning and Engineering Departments would like time to research the original C-suffix regula- tions over the next two weeks before the ordi- nance is presented for action. JOHNSON then clarified to include that the ordinance be pre- pared to contain his recommendations for condi - tions as well as conditions recommended by staff. . The motion then carried. ZONING CODE Work Program - Update of Housing Element of Com- prehensive Plan. Woods noted that this item was considered by the Planning Committee today and it was recommended that the work plan be adopted as outlined, including the addition of one full-time planner for approximately one year. Dan Stroh of the Planning Department handed out the work plan, a copy of which has been filed for the record. He described the work program tasks as Phase I: Review of Comprehensive Plan Policies and Phase II: Sub-Area Plan Map and Zoning Map Amendments. Staffing and man hour figures were given for two scenarios: "Best Case" Scenario assumes no EIS and Combined Plan/ Zoning Map Amendments hearings by Planning Com- mission only, totaling 2000 man hours . "Worst Case" Scenario assumes Valley Floor EIS and Hear- ing Examiner review of all zoning, totaling 3430 man hours. Stroh noted that the City Attorney had advised that the current zoning code does require that the zoning map amendments be heard by the Hear- ing. Examiner, but on the area wide basis for a specific project, the Council would have the prerogative to direct that the Planning Commis- sion conduct the hearings for both items. WOODS MOVED to approve the $30, 000 for the tem- porary planner and to authorize the Planning Commission to hold the hearings on both the plan map amendments and the zoning map amendments for this area wide review of the housing element and for the City Attorney to prepare the resolu- tion or ordinance giving such authorization. Johnson seconded and the motion carried. - 6 - July 19, 1988 ZONING Transitional Home. Ted Strain of 833 N. Alvord noted that residents of his neighborhood opposed the sale of a residence on the corner of James and Alvord for use as a group home for former mental patients. He asked that the residents be advised of any hearings to be held concern- ing this matter. Mayor Kelleher stated that the Planning Department had made an administrative interpretation that this would be considered a group home under the zoning code, which is allowed as a conditional use. Appeals from citi- zens of the administrative interpretation would be heard by the Board of Adjustment. A condi- tional use requires a conditional use permit which involves a hearing before the Hearing Examiner. Appeals to Hearing Examiner decisions are heard before the City Council. The Mayor advised that if names are provided, the City could advise on the progress of this proposal. Strain stated that he might submit a petition against the home. Jim Hansen clarified that the Planning Department had contacted Transitional Resources For Young Adults (TRY) and thought that a Conditional Use Permit would be required. He pointed out that TRY had not yet formally approached the City on this issue. Dowell noted that Resolution 1123 , concerning the 20% reduction in density for multi-family housing, and its ' accompanying ordinance, states that the Council will do all it can to protect and preserve single family residences . Mr. Clements commended Dowell. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through July 25, 1988 after audit- ing by the Operations Committee at its meeting at 8: 30 a.m, on August 1 , 1988. Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount 7-5-88 106194 - 106B49 $619,628 .70 7 - July 19, 1988 ANNEXATION ZONING LeBlanc Annexation Zoning. Public hearings were held on the zoning for the LeBlanc Annexation on May 3 and June 7, 1988. Adoption of the ordi- nance to zone the annexation was delayed to address issues of concern. Woods noted that the property owner has raised questions about the question of fairness of her voting on this issue inasmuch as she owns property contiguous to the road that parallels the LeBlanc property. She stated that although the law might not so require, she would abstain from participating on this matter to avoid even the possibility of an appearance of unfairness. She was then excused by the Mayor and left the chambers. City Attorney Driscoll noted that the owner had questioned the conditions to the zoning which required a 30 ft. right of way and the requirement for improvement to 112th Avenue S.E. , stating that these would be arbitrary and capricious and would constitute an unconstitutional taking of property without just compensation. She pointed out that in view of a recent court case, she had reviewed the record. It would appear that the 30 ft. right of way requirement certainly relates to the testimony before the Hearing Examiner, and to her findings and to the testi- mony before the Council regarding adverse impacts from traffic indicating the need for some improve- ments to the road. Relating to the second item, speaking specifically to improvements on 112th from S. 240th to S. 232nd, it would appear that there is not yet sufficient information to deter- mine precisely what improvements need to be made. The Council could require that prior to the granting of a development permit, the owner be required to improve 112th on whatever portion would be appropriate to address the impact of said development. At the Council ' s discretion an alternative to full improvement would be an agreement to participate in formation and payment of final costs their proportionate share of a Local Improvement District. The Council has a fair amount of discretion within the guidance of the Comprehensive Plan, to set the precise number of units for a precise area. JOHNSON MOVED to adopt Ordinance 2791 , estab- lishing the zoning for the LeBlanc Annexation and Mann seconded. Johnson noted that the City had testimony and findings regarding: 8 - July 19, 1988 ANNEXATION ZONING (1) the need for and desirability of tree preservation; (2) that limitation of density would make it possible to preserve as many of the unique botanical features of the site as possible; (3) the inadequacy of 112th Ave. to handle additional traffic caused by the development and the high threat to pedestrian safety; (4) concern for the safety of children walking to and from the daycare and/or the elementary school; (5) the desire for protection of the single-family residential users in the neighborhood; (6) 112th Ave. is classified as a residential collector; (7) development of the property will generate considerable traffic and the hearing examiner stated that the traffic impacts will need to be exactly determined and mitigated; (8) it is anticipated by staff that the traffic impacts will be able to be mitigated; (9) East Hill comprehensive plan for this area permits multi-family for 7 to 12 units per acre for a portion of the property; (10) the Public Works Department has recommended that a 30 foot right-of-way be deeded to the City for street purposes in conjunction with the development of the property in order to address traffic impacts from the development; (11) it is in the public interest to provide safe roads. He then added Condition No. 3 to the motion, as follows : 9 - July 19, 1988 ANNEXATION ZONING That prior to the issuance of a development per- mit for a permitted use for any properties within the LeBlanc Annexation area, the owner shall improve 112th Avenue, or a portion thereof, as is appropriate, in order to fully address the impacts associated with the development. This obligation may be met by agreeing to participate in the formation of and to pay its proportionate share of the final costs of a Local Improvement District to improve 112th Avenue. It was deter- mined that this Condition No. 3 is meant to replace Condition No. 3 of the ordinance, as prepared. Upon questions, Driscoll explained that the new wording for Condition No. 3 states that prior to getting a development permit the developer will be required to make improvements to 112th that are necessary to deal with the impacts caused by the higher density resulting from the development. The commitments will be determined when the owner commences development of the property. Dowell noted that passage of the ordinance had been delayed to clarify some of the conditions and he questioned whether proper clarification had been made. He suggested that some of the language was subject to several interpretations and suggested that passage of the ordinance be delayed. DOWELL MOVED to table and Mann seconded. The motion failed with Dowell and Mann supporting and Johnson and Houser opposing. Mann noted that during the hearing, it was pointed out that there were no sidewalks for children and ques- tioned whether this matter was fully covered in the conditions . Johnson acknowledged this , and opined that the language did address this situation in that in order to develop, the developer would have to participate in improving the road. Dowell stated that if the development did not go through, it could be that the road would not be improved. Johnson stated that the City could initiate an LID for sidewalks . The motion to adopt Ordinance 2791 , with Con- dition No. 3 revised, then carried, with Mann, Johnson and Houser voting in favor and Dowell voting against. 10 - July 19, 1988 REPORTS Planning Committee. Woods noted that the Commit- tee would meet in August be sending a PUD ordi- nance to the Council . Administrative Reports. City Administrator McFall announced that Planning Manager Jim Hansen had been selected as the new Assistant City Administrator and would assume his new duties on August 15th. Congratulations were offered by all. Mayor Kelleher introduced the new Community Information Officer, Mimi Castillo, an attorney who has worked on the King County Council staff and has been Acting Property Manager for the Federal Government Community Services for Region X. Ms. Castillo was welcomed to the City. ADJOURNMENT The meeting was adjourned at 8: 58 p.m. Marie Jens"en, CMC City Clerk - 11 -