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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/02/1988 Kent, Washington August 2 , 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 White, City Administrator McFall, City Attorney Driscoll, Planning Director Harris , and Public Works Director Wickstrom. Also present: Police Chief Frederiksen, Information Services Director Spang and Assistant Fire Chief Aldridge. Councilmembers Biteman and Woods, and Finance Director M:-Carthy ware not in attendance. Approximately 25 people were at the meeting. EMPLOYEE OF Mayor Kelleher announced that Bob Olson of the ,PHE MONTH Information Services Department has been selected as the Employee of the Month for August. The Mayor commended Olson for his hard work and loyalty to the City and presented him with a plaque. CONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through O be approved. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 19, 1988. HEALTH & (CONSENT CALENDAR ITEM 3J) SANITATION Parkwood Apartments. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 1 , 146 feet of water main extension and 812 feet of sanitary sewer extension constructed in the vicinity of 104th Avenue S.E. and S.E. 264th Street for the Parkwood Apartment complex and release of the cash bond after expiration of the one year maintenance period. WATER (CONSENT CALENDAR ITEM 3M) Kent Springs Transmission Main. AUTHORIZATION for the City Attorney to prepare an ordinance to pro- ceed with condemnation of properties for which negotiations have been unsuccessful. SEWER 116th Avenue S.E. Sanitary Sewer. Bid opening was held on July 21 with seven bids received. The low bid was submitted by Rodarte Construction in the amount of $72 , 953 . 99. The Director of Public Works recommends acceptance of the low bid. JOHNSON SO MOVED. White seconded and the motion carried. 1987 Sanitary Sewer Extension. Bid opening was held on July 27 with six bids received. The low bid was submitted by Volker Stevin/Pacific, Inc. August 2, 1988 SEWER in the amount of $730, 139. 86 . The Director of Public Works recomends acceptance of the low bid. JOHNSON SO MOVED. Mann seconded and the motion carried. STREETS (CONSENT CALENDAR ITEM 3I ) LID 325 - 76th Avenue Improvements. ACCEPT as com- plete the contract with Gary Merlino Construction and release of retainage after receipt of the required releases from the State. (CONSENT CALENDAR ITEM 3K) West Valley Highway Overlay - S. 189th Street to S. 180th Street. AUTHORIZATION for the Mayor to sign an agreement with the State for the State ' s financial participation in the overlay project. 1988 Asphalt Overlay. The bid opening was held on July 29 with three bids received. The low bid was submitted by M.A. Segale, Inc. in the amount of $112 , 900. 10. The Director of Public Works recommends acceptance of the low bid. JOHNSON SO MOVED, White seconded. The motion carried. STREET VACATION (CONSENT CALENDAR ITEM 3N) Central Pre-Mix. ADOPTION of Resolution 1178 set- ting the hearing date for September 6 , 1988 on the Central Pre-Mix application for vacation of a portion of S. 208th Street. TRAFFIC CONTROL (CONSENT CALENDAR ITEM 3H) S.R. 99 and 252nd Traffic Signal. ACCEPT as com- plete the contract with Totem Electric for the installation of a traffic signal at S.R. 99 and 252nd and release of retainage after receipt of the required releases from the state. TRANSPORTATION Green River Valley Transportation Benefit District. PLAN King County is proposing . to introduce a motion before their Council to establish the Green River Valley Transportation Benefit District (GRVTBD) within the general boundaries of the Green River Valley Action Plan and to designate King County as coordinating agency. The Public Works Committee has reviewed the motion and recommends support of same. JOHNSON MOVED that the Kent City Council support the King County motion to establish the Green River Valley Transportation Benefit District and that King County be designated as the coordinat- ing agency. White seconded and the motion carried. 2 _ i August 2, 1988 BUDGET (CONSENT CALENDAR ITEM 30) 1989 Budget. ESTABLISHING a public hearing date of August 16 , 1988 to receive preliminary input from the public on the 1989 City budget. PERSONNEL (CONSENT CALENDAR ITEM 3D) Golf Course Complex Personnel. AUTHORIZATION to immediately convert a temporary part-time clerical position to a regular part-time position with bene- fits for 30 hours per week, and AUTHORIZATION to hire an Assistant Greenskeeper and a Maintenance Worker II/Mechanic in September, 1988 . POLICE (CONSENT CALENDAR ITEM 3E) Police Department Reorganization. AUTHORIZATION to reorganize the Police Department, adding a Police Captain to be in charge of the Corrections Facility. PARKS & (CONSENT CALENDAR ITEM 3F) RECREATION Green River Corridor Project. ACCEPTANCE of the Green River Corridor Project in the amount of $264, 754 as complete and release of retainage to Golf Landscaping upon receipt of State releases . (CONSENT CALENDAR ITEM 3G) Kent Commons Alterations Project. ACCEPTANCE of the Kent Commons Alteration Project in the amount of $29, 092 . 10 as complete and release of retainage to Howard Bowker, Inc. , upon receipt of State releases. Golf Course Bond Ordinance Amendments. City Attorney Driscoll explained that the City' s bond counsel has prepared Ordinance 2793 to make techni- cal corrections to Ordinance 2790, which provided for the issuance of the City ' s "Golf Complex Revenue Bonds , 1988" . JOHNSON MOVED to adopt Ordinance 2793 , Mann seconded and the motion carried. SURPLUS PROPERTY Surplus Property - S. 244th. On July 19 a public hearing was held to consider declaring as surplus to the City ' s needs, a parcel of property approxi- mately 231 ' x 31 ' located north of S. 244th between Summit and 94th Avenue. Alan Stoick plans develop- ment of the adjacent property and wants to acquire the strip for access. Johnson noted that the Committee members had not agreed and he MOVED 3 - August 2 , 1988 SURPLUS PROPERTY that the property be declared as surplus and offered for sale to highest bidder for the value of the pro- perty as determined by the Property Manager, plus administrative costs. Houser seconded. Dowell stated that he favored having the City disclaim interest in the property so as to best serve the adjacent owners ' interests in the property. The City Attorney clarified that by filing a disclaimer, the City makes the statement that probably we didn 't have proper title to begin with and if we disclaim whatever interest we have, the original grantors would deal with the surrounding property owners. By surplusing the property the City would quit claim the strip to the purchaser. In either action the City will not be party to future dealings regarding this strip of property. Johnson with- drew his motion and Houser concurred. DOWELL MOVED that the City Attorney ' s Office be directed to file a disclaimer of interest in the property. Johnson seconded and the motion carried. (CONSENT CALENDAR ITEM 3L) Upper Mill Creek Detention Basin - Surplus Property. AUTHORIZATION to declare as surplus a house in the vicinity of 106th Avenue S.E. and offer same for sale at fair market value and AUTHORIZATION for the City Attorney to prepare a resolution setting a public hearing date of September 6 , 1988 . REZONE Van Doren's Landing II Rezone (RZ-88-2) . On July 5 and July 19 the Council conducted a public hearing to consider the appeal of Union Pacific Realty to the Hearing Examiner ' s recommendation to deny this rezone. The Council approved the rezone, subject to the conditions listed in the July 19 minutes and subject also to conditions which may be recommended by the Planning Department and/or the Public Works Department. JOHNSON MOVED to adopt Ordinance 2792 approving the Van Doren' s Landing II Rezone to M1 -C including the conditions. White seconded and the motion carried. PLANNING (CONSENT CALENDAR ITEM 3C) COMMISSION Planning Commission Appointment. CONFIRMATION of APPOINTMENT the mayor ' s appointment of Al Haylor to replace Rusty Dunham on the Planning Commission. This term will expire December 31 , 1990 . 4 - August 2, 1988 ANNEXATION ZONIN3 LeBlanc Annexation Zoning ordinance. At the July 19th Council meeting, Ordinance 2791 was adopted establishing zoning, including 8 units per acre, for the LeBlanc Annexation. The City Attorney has advised that the vote of 3 to 1 was insufficient to adopt the ordinance, that a majority of the entire Council is required. The ordinance, containing the revised Condition 3 as approved at the last meeting, has been presented again for con- sideration. James Graham, attorney for LeBlanc, noted that the ordinance provides for 8 units per acre and that the Comprehensive Plan, the Hearing Examiner and the Planning staff had recommended 12 units per acre. He noted that 23 units per acre are allowed to the south of this site and that 12 units would provide a transition area and would comply with the City ' s plan to reduce multifamily zoning. Bill Kreager showed slides of the proposed condominium development, pointing out that more of the existing trees could be saved under the 12 units per acre plan than under 8 units per acre. Ed Smith of 23508 112th S.E. noted that although there were 23 units per acre on one side of the property, the other three sides were zoned single family residential . He noted the traffic problems on 112th and stated that he couldn' t believe that more trees could be saved with the higher density plan. Smith stated that the residents objected to the 8 units per acre, and certainly were not in favor of changing it to 12 . Mayor Kelleher pointed out that hearings had been held both at the Hearing Examiner and at the Council level and suggested that a motion be offered before allowing discussion from the floor. DOWELL MOVED to approve the recommendation of the Hearing Exam- iner to direct the City Attorney to prepare the appropriate ordinance, and to further discuss the conditions. White seconded. Dennis Dague of 11218 S.E. 234th Place stated he had had no notification of this meeting, noted that the Hearing Examiner had had to comply with the Comprehensive Plan when making her recommendation for 12 units per acre. He suggested that the claim of saving trees was invalid. Wickstrom noted that if the Hearing Exam- iner ' s original recommendation is adopted, it should be noted that Condition No. 2 on page 4 5 - August 2, 1988 ANNEXATION ZONING of the ordinance as presented was recommended by staff. Dowell agreed that this should be contained in his motion and would then be a part of a new ordinance. White noted that his concern is that something be done to improve the street, and that the LeBlancs had indicated it would be done. He expressed con- cern that at 8 units per acre, the development might not go ahead, so he was willing to support 12 units in order to ensure that the street and the sidewalks are built. Graham noted that the Comprehensive Plan was meant to be a guide only, and further that Garden Density allowed 16 units per acre, but that this request is only for 12. He clarified that the owners were perfectly will- ing to participate in an LID to address the side- walk issue, and had so stated at the hearing. Impacts created by the development would be miti- gated by the owners. Johnson stated that it was not the Council ' s function to determine the economic feasibility of a specific development. He noted that the Council could, at public expense, improve a street or put in sidewalks and that he thought that the 8 units per acre was a fair compromise. Upon Dowell ' s question, Kreager noted that the landscaping would be maintained through a home- owners association and further that the private roads planned provided for flexibility in posi- tioning these $120 , 000-130 , 000 condos . Mann noted the City Attorneys remarks from the minutes of the July 19 meeting, noting especially the requirements for the improvement of 112th, and how much leeway the Council had in requiring the rights of way. He stated that he would support Dowell ' s motion for the 12 units per acre. Smith asked if White had information that the development would not be built if not approved for 12 units per acre. White stated that his concern was to get the sidewalks in whether the property was developed or not. McFall clarified for Dowell that the right of way dedication requirement was for ten feet beyond the existing right of way. He noted further that Ordinance 2791 now before the Council incorporates the Hearing Examiner ' s recommendations and also has the correct language regarding dedi- cation of right of way. Increasing the density to 12 units per acre could be done by amending Sec- - 6 - August 2, 1988 ANNEXATION ZONING tion 2 on page 3 of Ordinance 2791 . Upon Dowell ' s question, it was determined that Condition No. 3 as is currently written, provides for signing a no-protest agreement, and that if no LID is formed, that the development permit will still be allowed. It was clarified that a SE-?A determination would be required as to the extent of the improvement to be required for 112th. Dowell expressed concern about the City requiring that an entire street be improved for a development. It was determined that although SEPA would review the matter, the SEPA determination may not be exactly what the Council has approved as a condition. The City Attorney advised that the SEPA process was an inde- pendent process and the Council should not issue direction in lieu of imposing a condition. She noted that it is likely that SEPA' s determination will be similar to Condition No. 3 , but it is not a known fact. DOWELL MOVED to change Condition No. 3 to read: "Prior to the issuance of a development permit for a permitted use for any properties within the LeBlanc Annexation area, the owner will sign a no- protest agreement for the development of 112th and will pay their proportionate share of the final cost" . White concurred. Mayor Kelleher restated the motion to change the density to 12 units per acre and to change Condition No. 3 as shown above. JOHNSON MOVED to table the motion to allow time for the public to respond. The motion FAILED for lack of a second. Dennis Dague stated that we should make sure that the sidewalks will be in and the traffic problems resolved before the development. He requested that this be delayed to allow time for input from the public. He stated that some people had not been notified of the hearing. Dowell noted that there was no response from the audience at the last meting when he had attempted to table the matter. Mann asked if there was a way to ensure that the street will be finished before the property is fully developed. MANN MOVED to amend Dowell ' s motion to go back to the original version of Condition No. 3: "Prior to the issuance of a development permit 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. - 7 - i i August 2 , 1988 ANNEXATION ZONING This obligation may be met by agreeing to partici- pate in the formation of and to pay its propor- tionate share of the final costs of a Local Improve- ment District to improve 112th Avenue. " Johnson seconded. White expressed concern that in this situation if someone refused to participate and pay their fair share, it would affect the entire neighborhood, as well as LeBlanc. McFall clarified for Mann that the right of way acquisition is accomplished as the property develops. Upon White ' s question, Wickstrom noted that there were a few no- protest agreements signed for 112th. He stated that probably an LID for sidewalks would be success- ful from LeBlanc ' s property north up to the school, on LeBlanc ' s side of the street but not to the south where the condos are. These condos were built in 1977 prior to the City ' s requirement for such no-protest agreements. Smith noted that the utilities were on LeBlanc ' s side of the street. Houser questioned what would happen if an LID is not formed due to protests and Graham noted that the SEPA process would address the traffic impacts , and mitigation thereof. Driscoll clarified for White that the SEPA process will address the traffic impacts even if the Council does not spell it out by conditions in this ordinance. Mann ' s motion to amend to go back to the original language for Condition No. 3 carried with Dowell and White opposing and Johnson, Houser and Mann supporting it. Dague stated that the Hearing Exam- iner had stated that she couldn' t understand why condos were to be allowed in a single family neighborhood, and now 12 units are to be allowed instead of only 8. He stated further that the residents should have had more opportunity to give their views. DOWELL MOVED to table the motion and Johnson seconded. The motion carried with no dis- senting votes recorded. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 8, 1988 after audit- ing by the Operations Committee at its meeting at 8: 30 a.m, on August 15 , 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 6/9-6/15 61711-61723 6/16-6/27 62030-62059 $ 167.623.39 6/30 620B3-62618 1,116,351.99 $1.283,975.38 - 8 - August 2, 1988 FINANCE 6/28-6/30 62060-62082 6/30-7/12 62619-62642 $ 240,981.48 7/15 62646-63124 1,054,035.57 $1.295,017.05 Approval of checks issued for payroll: Date Check Numbers Amount 7/20/88 106850-107508 $ 639,387.83 REPORTS Council President. White noted that the Association of Suburban Cities would meet on August 10 at Wood- land Park, with the City of Redmond hosting. Those planning to attend should notify the Administrator ' s office. White noted that a workshop would be held on Tues- day, August 9 at 7 : 00 p.m. to review the 2nd quarter financial report and to set budget priorities. Public Works Committee. Johnson noted that the Public Works Committee would meet at 4 : 00 p.m. on Tuesday, August 9. THIRD ANNUAL Mayor Kelleher noted that the Valley Newspapers SOFTBALL CHALLENGE had not issued the annual softball challenge to City officials and staff. He pointed out that the City had won the two previous games handily, and that the City would issue the challenge this year. ADJOURMENT The meeting was adjourned at 8: 50 p.m. Marie Jensen CMC City Clerk - 9 -