HomeMy WebLinkAboutCity Council Meeting - Council - Regular Minutes - 09/06/1988 Kent, Washington
September 6 , 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, White and Woods, City Administrator McFall, City Attorney Driscoll, )
Planning Director Harris , Public Works Director Wickstce Chief
rom and Finance
Director McCarthy. Also present: Fire Chief Angelo and Polroximately
Frederiksen. Councilmember Mann was not in attendance. Approximately
50 people were at the meeting.
PRESENTATION Employee of the Month. Mayor Kelleher congratulated
Priscilla Shea who has been selected as the Employee
of the Month for September. He noted that Ms. Shea
is a Budget Analyst in the Finance Department. Finance
herDirector McCarthy commend eodess. fTheher Mayorethen pre-
approach to the budget p
sented Ms. Shea with the Employee of the Month plaque.
PROCLAMATION Constitution Week. Mayor Kelleher read a proclamation
of September 17-23, 1988 as "Con-
declaring the week
stitution Week" in the City of Kent. He presented the
eroclamation to Donna Grothaus of the Daughters of the American
Revolution.
CONSENT CALENDAR BITEMAN MOVED to approve Consent Calendar Items A
d and the motion carried.
through V• Woods seconde
MINUTES (CONSENT CALENDAR ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of the
regular Council meeting of August 16 , 1988.
HEALTH & (CONSENT CALENDAR ITEM 3N)
SANITATION Northward Business Park. ACCEPTANCE of the bill of
sale and warranty agreement for continuous operation
and maintenance for approximately 922 feet of water
main extension, 512 feet of sanitary sewer extension,
750 feet of street improvements and 1107 feet of storm
sewer improvements constructed in the vicinity of 72nd
Avenue South and South 192nd for the Northward Business
Park, and release of the cash bond after expiration of
the one year maintenance period.
(CONSENT CALENDAR ITEM 30)
Pay and Pak Distribution Center. ACCEPTANCE of the
bill of sale and warranty agreement for continuous
operation and maintenance for approximately 51 feet of
sanitary sewer extension constructed on 72nd Avenue
South for the Pay and Pak Distribution Center and
release of the cash bond.
September 6 , 1988
SEWERS (CONSENT CALENDAR ITEM 3P)
LID 322 - West View Terrace Sewer Improvements.
AUTHORIZATION to set October 18, 1988 as the date for
a public hearing on the confirmation of the final assess-
ment roll for the sanitary sewer improvements constructed
in the West View Terrace area.
(CONSENT CALENDAR ITEM 3Q)
LID 323 - Olympic View Heights Sewer Improvements.
AUTHORIZATION to set October 18, 1988 as the date for
a public hearing on the confirmation of the final assess-
ment roll for the sanitary sewer improvements constructed ,
in the Olympic View Heights area.
STREETS (CONSENT CALENDAR ITEM 3R)
LID 325 - 76th Avenue South (S. 212th to S. 220th)
Street Improvements. AUTHORIZATION to set October 18,
1988 as the date for a public hearing on the confirma-
tion of the final assessment roll for the street improve- I
ments constructed on 76th Avenue South from S. 212th
to S. 220th Street.
LID 327 - West Valley Highway Embankment and Fill.
Th, bid opening was held September 6 , 1988 with seven
bids received. The Public Works Director stated that
the low bid was submitted by City Transfer in the
amount of $145, 080 , and recommended that it be accepted.
He also noted that the City has negotiated a right of
entry agreement with Upland- Industrial Development
Company and requested that the Mayor be authorized to
sign the agreement. JOHNSON MOVED that the Mayor be
authorized to sign a right of way entry agreement with
Upland Industrial Development Company and that the low
bid of $145, 080 from City Transfer be accepted. White
seconded and the motion carried.
STREET VACATION (CONSENT CALENDAR ITEM 31 )
Union Pacific Street Vacation. ADOPTION of Resolution
1181 setting the date of October 4 , 1988 for the hear-
ing on the Union Pacific Railroad, Inc. , application
for a street vacation.
Central Premix Concrete Company Street Vacation No.
STV-88-2. This hearing will consider a request by
Central Premix Concrete Company to vacate a portion of
South 208th Street. The City Clerk has given proper legal notic .
The public hearing was opened by Mayor Kelleher. There
were no comments from the audience and BITEMAN MOVED to
close the public hearing. Woods seconded and the
motion carried.
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September 6, 1988
STREET VACATION WOODS MOVED to approve Street Vacation No. STV-88-2 with
two conditions as outlined in the staff report dated
September 1 , 1988 and to direct the City Attorney to
prepare the required ordinance upon receipt of the com-
pensation. Biteman seconded. Motion carried.
TRAFFIC CONTROL (CONSENT CALENDAR ITEM 3J)
Street Closure Permits. ADOPTION of Ordinance 2797
giving the City the discretion to grant temporary
street closure permits subject to certain restrictions
as specifically required by the Chief of Police.
( CONSENT CALENDAR ITEM 3M)
Canyon Drive Speed Limits. ADOPTION of Ordinance 2800
reducing the speed limit on Smith/Canyon Drive from
Central Avenue east to 100th Avenue S.E. to 35 mph
and amending Section 10. 08. 058 of the Kent City Code,
as approved by the Public Works Committee.
272nd/277th Street Corridor. The Public Works Com-
mittee recommends that the Mayor be authorized to sign
a memorandum of understanding naming Kent as lead agency
to do a study on the alignment of the 272nd/277th
corridor from the Green River to Kent-Kangley Road.
JOHNSON MOVED that the recommendation be approved.
Houser seconded. White noted that Mayor Kelleher
had worked hard on this project and commended him for
his efforts in addressing the City ' s traffic problems .
Upon Dowell ' s question, the Mayor noted that although
the City had recently entered into an interlocal agree-
ment to make King County the lead agency, they have been
negotiating with the County to allow Kent to be the
lead agency since Kent does not have the same regula-
tions with respect to procurement policies. McFall
noted that this would not hamper the efforts to create
the Transportation B-anefit District which is on-going
with the County. The motion then carried.
SURPLUS PROPERTY Upper Mill Creek Detention Basin. This date has been
set for a public hearing on the sale of a house on
106th Avenue S.E. which has been declared surplus to
the City ' s needs. Due to an error in the published
legal description and estimated value, it is necessary
to reschedule the public hearing.
esolut_J_(o_n 118.0 has been prepared to replace the original
Resolution 1179, and will correct the legal description,
adjust the value to take into account the cost of remov-
ing the house and will reschedule the public hearing
to September 20 , 1988.
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September 6 , 1988
SURPLUS PROPERTY DOWELL MOVED to adopt Resolution 1180 as described.
Houser seconded and the motion carried.
LIBRARY (CONSENT CALENDAR ITEM 3T)
King County Library Bond Issue. ADOPTION of Resolution
1183, supporting the King County Library Bond Issue.
APPOINTMENTS Appointments CONFIRMATION of the Mayor ' s appoint-
ments as follows :
Library Board - Appointment of Ted Ripley as an interim
board member until such time as Sally Hopkins can
resume her duties.
Saturday Market Advisory Board - Appointment of Janette
Nuss as the Citizen-at-Large representative replacing
Sally Ann Storey. This appointment will expire in
October 1990.
Planning Commission - Appointment of Gabriella Uhlar-
Heffner to the Planning Commission to replace Nancy
Rudy. This term will expire December 31 , 1990 .
POLICE DEPARTMENT (CONSENT CALENDAR ITEM 3C)
Drinking Driver Task Force Donation. ACKNOWLEDGMENT
of a donation of $25 from Nor-Pac Systems, Inc. to
the Drinking Driver Task Force.
(CONSENT CALENDAR ITEM 3G)
Drinking Driver Task Force Office Furnishings. APPROVAL
of a supplemental budget appropriation from the General
Fund in the amount of $2 , 750 for the purchase of office
furnishings for the Drinking Driver Task Force.
( CONSENT CALENDAR ITEM 3K)
Criminal Assistance Ordinance. ADOPTION of Ordinance
2798 amending the Kent City Code which currently makes
it a crime to render criminal assistance to provide a
specific definition of that crime.
(CONSENT CALENDAR ITEM 3L)
Simple Assault Ordinance. ADOPTION of Ordinance
2799 changing the title of the crime "simple assault"
to "assault in the fourth degree" .
FIRE DEPARTMENT (CONSENT CALENDAR ITEM 3E)
Fire District 37 Contract. AUTHORIZATION to renew the
contract with King County Fire District No. 37 , which
authorizes the Kent Fire Department to perform fire
and life safety inspections in the district.
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September 6 , 1988
FIRE DEPARTMENT (CONSENT CALENDAR ITEM 3F)
Public Safety Computer Software Contract. AUTHORIZATION
for the Mayor to execute a contract, subject to final
review and approval by the City Attorney, with Command
Data Systems for their Fire Management Information
System; for a total cost not to exceed $80, 000, includ-
ing software, installation, training and related costs .
Fire Department Bid. Bid opening was held on July 15 ,
1988. Upon the recommendation of the Fire Department,
BITEMAN MOVED to award the bids as follows:
C. L. Kirk Company in the amount of $158, 110 . 00 for
two aid vehicles,
Mays Equipment Company in the amount of $440, 615. 60
for two engine/aid apparatus,
and to reject all bids for the aerial ladder truck and
authorize a recall for bids for this item.
Johnson seconded and the motion carried.
Seven-Year Plan. Councilmember Johnson distributed
a proposed resolution regarding implementaticn of com-
munity fire safety plans and target issues and MOVED
that it be referred to the Public Safety Committee for
further discussion. White seconded and the motion
carried.
Sprinkler ordinance. Councilmember Johnson distributed
a proposed ordinance regarding amendments to the
sprinkler system requirements and MOVED that it be
referred to the Public Safety Committee for further
discussion. White seconded and the motion carried.
PERSONNEL (CONSENT CALENDAR ITEM 3H)
Conversion of Janitorial Positions. AUTHORIZATION to
convert two part-time janitorial positions to one full
time position, providing a net increase of four hours
at a cost of approximately $4, 000 per year, as approved
by the Operations Committee at their September 1 meet-
ing. Additional duties relate to supervision at the
Shops , City Hall recycling, new carpeted areas in the
Police Department and outside trash pickup previously
done by Parks .
PLANNING (CONSENT CALENDAR ITEM 3S )
Planning Association of Washington. ADOPTION of
Resolution 1182 commending and congratulating the Plan-
ning Association of Washington for 25 years of service
to planning in the State and pledging City of Kent on-
going support for the success of the organization.
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September 6, 1988
SHORELINE PERMIT Signature Pointe No. SMA-88-4 Appeal. This date has
APPEAL been established for a public hearing to consider an
appeal by Triad Development, Inc. of the Hearing Exami-
ner ' s conditional approval of the Shoreline Substantial
Development Permit for the Signature Pointe multifamily
development (SMA-88-4 ) . Specifically the appeal relates
to Condition No. 2) specifying a revised site plan to
provide more than one ingress and egress point to the
project. The property is located on 64th Avenue S. ,
south of Meeker Street at SR516.
Libby Hudson of the Planning Department described the
request as a Shoreline Substantial Development Permit
application by Triad Development to build a 584-unit
apartment projct within 200 feet of the Green River.
The property consists of 38. 8 acres and is locted on
64th Avenue South at SR516. She explained that the
Hearing Examiner had recommended approval, with two
conditions, the second of which is the basis of this
appeal. Condition No. 2 states that the site plan
shall be revised to provide more than one ingress and
egress point for public safety and to comply with the
City-wide Comprehensive Plan, the Valley Floor Plan
and the City of Kent Shoreline Master Program.
The public hearing was declared open by the Mayor. It
was determined for Fred Grimm of Triad Development
that his letter of August 19 had been distributed with
the information for this hearing. He stated that the
Hearing Examiner ' s condition does not relate to pro-
tection of the shoreline, and that the applicable codes
require only one access. He noted that the condition
was not based on supportable facts and pointed out that
the Fire Department did not impose this condition
under the SEPA process. Grimm noted that The Lakes
Development with 558 units, has only one access, with
another planned after further development. Woodland
Estates has one access for 190 units . Another access
would require acquisition of adjacent property and
Grimm stated that Triad has secured an option on three
lots, but a condition which would require this purchase
is questionable. He noted that Triad had met all of
the requirements imposed by the Shoreline Master Plan,
that a Shoreline Permit cannot be conditioned to address
non-shoreline concerns , and that the Hearing Examiner
went beyond her authority in suggesting this condition.
Upon questions from the Mayor, it was determined that
the Hearing Examiner had not specified how this appli-
cation was not in compliance with the Comprehensive
Plan, the Valley Floor Plan or the Shoreline Master Plan_
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September 6, 1988
SHORELINE PERMIT It was determined for Council that the access road
was
APPEAL 24 feet wide, plus sidewalks. Mary Williams of 25331
68th Avenue South, stated that if preserving the shore-
line were the issue, the development would not be
allowed at all. She pointed out that a good road should
be required and favored the Hearing Examiner ' s con-
dition. Leona Orr, 24909 114th Avenue S.E. , stated
that there seemed to be some confusion as to which
areas the Hearing Examiner had jurisdiction over. She
asked to have some explanation made for the public.
She noted further that she did not favor such a develop-
ment so close to the river.
There were no further comments and the hearing was
closed by motion. JOHNSON MOVED to modify the findings
of the Hearing Examiner to disagree and to delete Con-
dition No. 2 . Biteman seconded. Johnson stated that --II
it was his opinion that the Hearing Examiner had exceeded
her authority in attaching this condition. He noted
that no such condition was mentioned during the SEPA
process, even though the proposed density was higher
at that time. He stated that the issue here was grant-
ing of the shoreline permit. Dowell expressed concern
over the 24 ft. road but agreed with Johnson and Bite-
man. WHITE THEN MOVED to table for two weeks, Woods
seconded and the motion carried with Johnson and Bite-
man dissenting.
ZONING CODE Gymnastics Schools in M-1 and M-2 Zoning Districts (ZCA-88 7)
AMENDMENTS On August 22 , the Planning Commission recommended
approval of a Zoning Code amendment to allow as an out-
right permitted use. gymnastic schools or similar uses
in both the M-1 ( Industrial Park District ) and M-2
(Limited Industrial District) . Also recommended was
the inclusion of health and fitness clubs and facilities )
in the M-2 district as an outright permitted use.
WOODS MOVED to approve Zoning Code Amendment No. ZCA-88-
as recommended by the Planning Committee and to direct
the City Attorney to prepare the necessary ordinance.
White seconded and the motion carried.
Hearing Examiner Approval of Exceptions to Development
Standards Under the Conditional Use Permit Section of
the Zoning Code No. ZCA-88-5. On July 25 , 1988 the
Planning Commission recommended to the City Council
that Kent City Code Section 15 . 09. 030E be amended to
give the Hearing Examiner discretion in approving,
denying or conditioning exceptions to development
standards including height of unique structures, signs
and setbacks when a conditional use permit is required.
At the August 30 workshop, the City Council recommended
that this proposed amendment be referred to the Planning)
Committee.
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September 6, 1988
ZONING CODE WHITE MOVED to refer Zoning Code Amendment No. ZCA-88-5
AMENDMENTS to the Planning Committee for consideration. Johnson
seconded. Motion carried.
( CONSENT CALENDAR ITEM 3U)
Hazardous Waste Treatment and Storage Facilities.
ADOPTION of Ordinance 2801 which amends the City of
Kent Zoning Code as required by recent State legis-
lation to designate land use zones in which hazardous
waste treatment and storage facilities will be allowed
as permitted uses. The proposed amendments will add
new definitions, siting criteria, performance standards
and permitted uses to the commercial, industrial and
agricultural zones. The Planning Commission has recom-
mended the zoning changes after holding a public hear-
ing on May 23, 1988. Council adopted the recommendation
by Planning Commission and directed preparation of
this ordinance at the June 7, 1988 Council meeting.
By letter, dated August 17, 1988, Department of Ecology
conditionally approved the proposd Zoning Code amend-
ments, subject to adoption by the Kent City Council
and submittal of the adopted ordinance to the Depart-
ment for final approval.
(CONSENT CALENDAR ITEM 3V)
Planned Unit Development. ADOPTION of Ordinance 2802
which establishes Kent City Code Section 15 . 04 . 080
Planned Unit Development and amends Kent City Code
Chapter 2. 54 relating to Hearing Examiner decisions
regarding Planned Unit Developments. In mid-1987 the
Planning Commission recommended to the Council that a
new PUD ordinance be adopted. The Council referred
this recommendation to the Planning Committee. In
April 1988 the Planning Committee formed a citizen
committee to review the Planning Commission ' s draft
ordinance. On July 19 , 1988, the Council ' s Planning
Committee unanimously recommended to the full Council
that the PUD Citizens Advisory Committee ' s proposed
draft of the PUD ordinance be adopted. The Council
accepted the decision of the Planning Committee and
Citizens Advisory Committee ' s recommendation on
August 16, 1988.
ZONING - EAST Request for Review of Zoning. William Carey of
HILL ANNEXATION 11236 S.E. 244th submitted a petition containing 165
signatures requesting that the City review the Council
action of March 1 , 1988 in establishing the zoning
for the East Hill Well Annexation, Area "C" . He
pointed out that the signators represented 80% of
the property located in Area "C" and that the Council
had erroneously assumed that most of the residents
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September , 988 i
ZONING - EAST opposed multi-family zoning. Both the letter of
HILL ANNEXATION transmittal and the petition were distributed to the
Council and made a part of the record. Carey stated
that the staff and Hearing Examiner recommendations
were not in compliance with the Comprehensive Plan or
with Ordinance 2469. He referred to the severity of
the "down-zoning" and made the following comparisons:
290 Acres Comprehensive Staff Report
Zoning Plan Hearing Exam Council
R1 — 7.2 185 Acres
R1 — 9.6 100 Acres 100 Acres 185 Acres
R1 — 12.1 100 Acres'
M/F 12 Units 185 Acres
M/F 24 Units 5 Acres 5 Acres 5 Acres
290 Acres " 290 Acres 290 Acres
Carey objected to Resolution 1123 , passed in October,
1987 , which provides that vacant multifamily zoned
areas be reduced by 20%, stating that this was applied
only to Area "C" of this annexation and not to other
parts of the City. He noted that the zoning should
be in compliance with the Comprehensive Plan and that
this area should be given equal treatment with other
areas , some of which were "up-zoned" . He pointed out
that most of the property owners were long-term resi-
dents or long term property owners who expected to be
able to develop their property in compliance with
zoning designated years ago by the Comprehensive Plan.
Brad Bell , realtor representing Mary Morril, owner of
15 acres locted on S.E. 248th, 300 feet east of 104th,
and John Lambert, owner of five acres at 10830 S.E.
256th, noted that he had testified on this subject at
hearings before the Planning Commission, Hearing Exam-
iner and City Council. He stated that the Morrill
property was surrounded by office property and apart-
ments and that no one would build single family homes
in this area. He further stated that during the
LeBlanc zoning hearings, the Hearing Examiner had
stated that she was bound by the Comprehensive Plan
in giving her zoning recommendations, but that it
would appear she was not so limited in this case.
Bell stated that the Comprehensive Plan has shown
this to be multifamily for 18 years and that he sup-
ported Carey ' s petition. Sketches of the Morrill and
Lambert properties submitted by Bell were made a part
of the record.
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September 6, 1988
ZONING - EAST Bob Nelson, 10453 S.E. 244, cited the inconsistency of
HILL ANNEXATION recommendations and pointed out that he had lived on
this 22 acre parcel for 42 years . He stated that pro-
perty across the street from his , also zoned R12, 000,
has a real estate sign listing it as commercial, thus
indicating that this could be rezoned if the owner had
the money to hire legal staff. He requested that the
Comprehensive Plan zoning be retained so that everyone
Would know the rules and those with small parcels would
not be subject to inconsistencies in the zoning.
Myron Vigoren, 11208 S.E. 244, stated that his 4. 8 acre
parcel adjoins an apartment complex and that water and
sewer are both available. Under the new 12, 000 sq. ft.
zoning, he estimated the land to be worth $100, 000
as compared to $600, 000 under the multiple zoning recom-
mended under the Comprehensive Plan. He stated that
multiple zoning had been indicated for this area
through every step of the process and that the City
had cheated the property owners with this single family
zoning.
Charles Spurgeon, 11124 S.E. 248, noted that he had
opposed this zoning during the hearings for both his
property and for a parcel at 116tn and 240th. He sup-
ported Carey ' s statements and noted that about half of
the property involved is not suitable for single family
housing as it would need fill. He stated that 148
townhouse units are under construction across the street
and south of his property. His property consists of
five acres with two adjacent owners also having five
acres. Spurgeon stated that those opposing the multiple
zoning who spoke at the Council hearing were not neces-
sarily the owners of the property involved, and that
single family zoning had down-graded the value of the
property. He urged the Council to reconsider the zon-
ing.
There were no further com.-nents and Mayor Kelleher
explained the City statutes relating to rezones and
suggested that the City Attorney evaluate the request
for the Council to reconsider the action taken regard-
ing the zoning and to make a recommendation as to the
appropriate action. The Council concurred and the City
Attorney was directed to respond within ten days . At
White ' s request, it was agreed that those who signed
the petition filed tonight would be notified as to when
this item would be considered again by the Council.
Leona Orr asked that those who signed a petition
filed during the Council hearings opposing multiple
zoning in Area "C" also be notified. There were no
objections and it was so ordered.
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September 6, 1988
FINANCE (CONSENT CALENDAR ITEM 3B)
Approval of Bills. APPROVAL of payment of the bills
received through September 7, after auditing by the
Operations Committee at its meeting at 8: 30 a.m. on
September 15, 1988.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/27 - 7/29 63153 - 63170
8/2 - 8/16 63593 - 63619 330,968.56
8/16/88 63632 - 63962 1,018,842.95
1,349,811.51
Approval of checks issued for payroll:
Date Check Numbers Amount
8/19/88 108153 - 108651 586,024.36
63989 - 64105 58.730.17
644,754.53
REPORTS Council President. Council President White announced
that there will be a workshop on September 13 regarding
Council input on the budget and the proposed downtown
office building. White also reminded the Council that
the Suburban Cities Association meeting, which will be
hosted by the City of Kent, has been changed to Septem-
ber 21 .
Public Works Committee. Johnson noted that the Com-
mittee would meet on September 13 at 4 : 00 p.m. in the
Engineering Building Conference Room.
NATIONAL GUARD Sgt. Joe Duffie, Tukwila Councilmember, invited the
Councilmembers and staff to attend an open house of the
Washington National Guard at the Nike site on Military
at S . 244th on September 24 from noon to five p.m.
EXECUTIVE At 8 : 50 p.m. , City Administrator McFall requested an
SESSION executive session of approximately 15 minutes to dis-
cuss pending litigation. The time was extended and the
ADJOURNMENT meeting reconvened at 9: 50 p.m. and then adjourned.
Marie Jensen, CMC/
City Clerk
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