HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/18/1989 Kent, Washington
July 18, 1989
Regular meeting of the Kent City Council was called to order at 7 : 00
p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser,
Johnson and White, City Administrator Chow, City Attorney Driscoll,
Planning Manager Satterstrom and City Engineer Gill. Also present:
Police Chief Frederiksen, Fire Chief Angelo, Assistant City
Administrator Hansen, Finance Director McCarthy, Information Services
Director Spang and Personnel Director Webby. Councilmembers Biteman,
Mann and Woods and Parks Director Wilson were not in attendance.
Planning Director Harris and Public Works Director Wickstrom were on
vacation. Approximately 40 people were at the meeting.
PRESENTATIONS (ITEM 1A)
Kathleen Groshong. Mayor Kelleher introduced
Kathleen Groshong who has been coordinating the Kent
Drinking Driver Task Force for the past six years.
He noted that Ms. Groshong will be leaving the City
and commended her on her exceptional organizational
skills, persistence, creativity and dedication.
Councilmember Houser also extended thanks to Ms.
Groshong for the success of the program.
(ITEM 1B)
Don Wickstrom. Mayor Kelleher announced that Public
Works Director Wickstrom has been with the City for
twenty years. He pointed out that Wickstrom has
done a complete revision of the City' s Water
Comprehensive Plan, was instrumental in the
formation of the City' s storm drainage utility, and
developed the City' s first Comprehensive
Transportation Plan. The Mayor commended him for
his many accomplishments and presented him with a
20-year plaque.
CONSENT WHITE MOVED that Consent Calendar Items A through K
CALENDAR be approved, with the exception of Item J, the bill
of sale , for Lavender Hills, which was removed by the
City Attorney. This item will be discussed at the
next Council meeting. Dowell seconded and the
motion carried.
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July 18, 1989
MINUTES (CONSENT CALENDAR ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of the
regular Council meeting of July 5, 1989.
HEALTH AND (CONSENT CALENDAR ITEM 3H)
SANITATION Highland Creste Apartments. ACCEPTANCE of the bill
of sale and warranty agreement for continuous
operation and maintenance of approximately 2 , 341
feet of water main extension, 2 , 904 feet of sanitary
sewer extension, 640 feet of street improvements and
811 feet of storm sewer improvements constructed in
the vicinity of 108th Ave. S.E. and S .E. 240th for
the Highland Creste Apartments and release of the
cash bond after expiration of the one year
maintenance period.
STREETS (CONSENT CALENDAR ITEM 3I)
LID 330 - 64th Ave. Improvements. ADOPTION of
Ordinance 2861, authorizing staff to proceed with
condemnation for right-of-way for which negotiations
have been unsuccessful, as recommended by the Public
Works Committee.
(CONSENT CALENDAR ITEM 3K)
LID 327 Bond Ordinance and Purchase Contract.
ADOPTION of Bond Ordinance 2859 , and authorization
for the Mayor to sign a purchase contract in the
amount of $2, 296, 074.47 for LID 327 bonds, as
recommended by the Operations Committee at their
June 30, 1989 meeting and confirmed at their July
13 , 1989 meeting.
The funds will be used to reimburse the City for
expenses incurred in the reconstruction of West
Valley Highway from 212th to James. The final
assessment roll on this LID has been adopted and the
thirty day prepayment period has been provided. The
purchase contract with Shearson-Lehman-Hutton is at
a net interest cost of 7 . 68 percent and has a gross
underwriting spread of $24 .28 per thousand dollar
bond.
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July 18, 1989
STREET (ITEM 2B)
VACATION Third Avenue Street Vacation No. STV=89-3 . This
hearing was continued from July 5, 1989 and will
consider an application filed by the City of Kent to
vacate a portion of Third Avenue between Gowe and
West Titus Streets. The Mayor declared the public
hearing open. Upon a question from Doug
Klappenbaugh of Sound Ventures, the Mayor confirmed
that the Planning Department staff report dated June
29 , 1989 and a memo from Public Works Director
Wickstrom dated July 14 , 1989 are a part of the
record. WHITE MOVED to close the public hearing.
Houser seconded. Motion carried. WHITE MOVED to
approve Street Vacation No. STV-89-3 with conditions
as outlined in the staff report dated June 29, 1989
and to direct the City Attorney to prepare the
ordinance upon receipt of compensation. Johnson
seconded. The City Attorney suggested that the
motion be rephrased to upon compliance with all
conditions, inasmuch as there is more than
compensation involved. White and Johnson concurred
and the motion carried.
(CONSENT CALENDAR ITEM 3D)
Street Vacation - Third Avenue. ADOPTION of
Resolution No. 1212 setting the hearing date for
street vacation of a portion of 3rd Ave. between
Titus and Saar Streets for August 15, 1989. The
petition was filed on behalf of St. Anthony's
Church.
TRAFFIC (ITEM 2F)
CONTROL Six Year Transportation Improvement Plan 1990-1995.
This date has been set for the public hearing on the
update of the City's Six Year Transportation
Improvement Plan. The Mayor declared the hearing
open. Marty Nizlek, Transportation Engineering
Supervisor, noted that this plan is a requirement
each year in order to receive Federal funding. He
then introduced Ed White, Assistant Transportation
Engineer, who noted that there are 30 projects in
the plan, 20 of which will be completed this year or
next. He noted for White that Jersey barriers will
be added to Item #13 , Canyon Drive Left Turn Lanes,
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July 18, 1989
TRAFFIC Hazel Avenue to Weiland. There were no comments
CONTROL from the audience, and DOWELL MOVED to close the
public hearing. Houser seconded and the motion
carried. JOHNSON MOVED that Resolution 1121 be
adopted approving the 1990-1995 Six Year
Transportation Improvement Plan. White seconded and
suggested amending the motion to include the Jersey
barriers in Item #13 . Johnson agreed and the motion
carried.
(CONSENT CALENDAR ITEM 3G)
James St. Signal Modifications. AUTHORIZATION to
establish a budget and transfer $8, 000 from the 1989
Street Operating Budget (asphalt overlay funds) to
this project, as recommended by the Public Works
Committee.
ANNEXATION (CONSENT CALENDAR ITEM 3E)
Mortenson Annexation. ADOPTION of Ordinance No.
2860 annexing the property described on the
Mortenson annexation petition, for which a public
hearing was held on June 20, 1989. This is
approximately 9 acres located in the vicinity of
98th Ave. S. and S. 218th.
ANNEXATION (ITEM 2A)
ZONING Hehr Annexation Zoning No. AZ-89-1.
This is the second of two public hearings to
consider the Hearing Examiner's recommendation of
initial zoning of R1-7 . 2, Single Family Residential,
for the Hehr Annexation area. The property is
approximately 4 . 6 acres in size and is located on
the west side of 116th Ave. S.E. approximately 150
feet south of S.E. 227th P1. The first hearing was
held on June 6, 1989.
The Mayor declared the public hearing open. There
were no comments from the audience and WHITE MOVED
to close the public hearing. Johnson seconded and
the motion carried. WHITE MOVED to adopt the
findings of the Hearing Examiner, to concur with the
Hearing Examiner' s recommended zoning of R1-7 . 2 , and
to direct the City Attorney to prepare the required
ordinance. Johnson seconded and the motion carried.
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July 18 , 1989
CONDITIONAL (ITEM 2C)
USE PERMIT Appeal - Emerald City Chemical Conditional Use
APPEAL Permit No. CE-89-7. A hearing has been set for this
meeting to consider an appeal filed by Emerald City
Chemical Inc. of the Hearing Examiner's
recommendation of denial of a conditional use permit
to allow the use of an existing 3, 224 square foot
building, a new 8, 358 square foot addition for
corporate offices, and the mixing, packaging,
warehousing, and distribution of organic and
inorganic chemicals.
Lauri Anderson described the site as between 77th
Ave. S. and the Burlington-Northern right-of-way,
north of vacated Harrison St. Emerald City proposes
to enlarge an existing building. A conditional use
permit is required because there will be more than
20, 000 pounds of hazardous substances on the site.
This comes under the City's new hazardous materials
regulations and is the first application for such a
permit. Ms. Anderson noted that the Hearing
Examiner has denied the permit as he felt he did not
have the authority to waive the requirements for a
50 foot setback from all property lines and a one
quarter mile setback from a public recreation
facility; in this case the interurban trail. The
Planning Department has recommended that the
conditional use permit be granted with conditions as
shown on page 19 and 20 of the staff report.
Upon questions from the Council, it was determined
that the facility was located on a two lane street,
which dead-ends at Seattle Auto, an emergency
response plan has been filed, SEPA has addressed the
possible effect on traffic, the facility is more
than 200 feet from Mill Creek, there will be no
explosives on the site and owners of neighboring
property had no objections to the granting of the
permit.
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July 18 , 1989
CONDITIONAL The public hearing was declared open and Glen Dodge,
USE PERMIT president of Emerald City Chemical noted concern
APPEAL about setbacks since the property is narrow. He
stated that he had discussed this with the Fire and
Building Departments before buying the property and
(Emerald City had been assured that the design would meet the
Chemical Inc. ) City's criteria and the City' s 1988 Code. One of
the criteria suggested was that the rooms designed
for the containment of certain materials should
exist on exterior walls. If this was to be done the
exterior wall would have to be changed to the
interior of the property, thereby eliminating the
use of half of the property. He pointed out that
the adjacent railroad property is 10 feet higher
than the Emerald City property and as a berm,
mitigated the setback requirement. Mr. Dodge noted
that the existing hazardous materials plan in force
for the Seattle facility will be redesigned for the
Kent facility. He described some of the types of
chemicals which would be re-packaged at the site as
household items, stating that none would be
manufactured on the site. He noted that the firm
re-packaged for labs and had some retail sales and
that 70% of the products were standard non-
hazardous. Approximately 3 trucks per day would
serve the facility. It was determined that City
Code allows retail sales in M-3 zoning for 10% of
the floor area. Ms. Anderson noted that the staff
had not been aware of the retail sales and had
therefore not addressed the effect on traffic. She
noted that the Council could restrict the retail
sales.
John Spencer, of SRH Associates, Environmental
Consultants, and formerly with EPA, noted that he
had helped formulate the 1988 Code, had worked on
keeping the Seattle site in compliance and pointed
out that of this 17, 000 square foot facility only
400 feet was proposed for retail sales.
Upon White's question, Spencer stated he knew of no
spills or violations at the Seattle plant.
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July 18, 1989
CONDITIONAL Dodge noted that he had concerns about the
USE PERMITS conditions regarding outside storage, pointing out
APPEAL that outdoor storage is preferred for some types of
materials. He noted that this, along with the 50
(Emerald City foot setback and the one quarter mile restriction
Chemical Inc. ) were the reasons for his appeal. Dodge noted that
the railroad property is a non-buildable berm and
therefore acts as a safeguard. Anderson stated that
the railroad tracks are in use and the purpose of
the 50 foot setback was to provide a buffer. Chief
Angelo determined that the outside storage met the
minimum requirements of the code and that regarding
the interior/exterior wall, this unusual lot does
not lend itself to easy solutions.
Gary Volchok, of Coldwell Banker pointed out that
all truck maneuvering would be on the property, not
on the street. He stated that Metro Hauling had
gone on record supporting Emerald City Chemical ' s
proposal and that no objections had been received
from the other neighboring properties: McCann
Construction, Zep Chemicals and Tri-State
Construction.
Leona Orr and Maureen McNamara, both spoke of public
safety concerns, inasmuch as the tracks could be
used for commuter rail in the future. They
questioned making exceptions on this, the first
project to come under the new guidelines.
There were no further comments and the hearing was
closed on WHITE' S MOTION, seconded by Johnson.
JOHNSON MOVED to grant the appeal with the
conditions recommended by the Planning Staff, as
shown on the Planning Staff report on page 19 and
20, except for Condition #3 . White seconded and
moved to amend the motion to delete Condition #5
also, and Johnson seconded. Dowell stated that the
Planning Department had not been aware of the retail
sales use proposed and that traffic mitigation
measures might have been suggested if they had
known. HE MOVED to table the matter, but the motion
failed for lack of a second.
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July 18 , 1989
CONDITIONAL At Fred Satterstrom's request it was clarified that
USE PERMIT Johnson' s motion included both sections A and B as
APPEAL shown on pages 19 and 20. It was determined for
Dowell that this motion did not include any of the
(Emerald City Hearing Examiner' s recommendations, that he intended
Chemical Inc. ) for the staff recommendations to replace the Hearing
Examiner' s recommendations. Satterstrom clarified
that the outside storage would not be in the setback
area.
Anderson added that the Planning Department would
like to see some screening so the storage would not
be visible from the road and some indication that
the applicant would work with the Fire Department to
determine the appropriate outdoor storage for the
materials. Johnson and White agreed to include Ms.
Anderson' s suggestions in the motion. Dowell noted
that outside storage of hazardous material was
subject to vandalism, and in this case the
possibility of mishaps due to vibrations from
trains. White noted that the Fire
Department had recommended outside storage. It was
determined for Houser that the 1988 Code had
specific requirements for outside storage, all of
which were provided for on this site. White' s
amendment to delete Condition #5 carried, with
Dowell voting against. The motion, as amended,
which deletes Condition #3 as well then carried,
with Dowell dissenting.
The text for Conditions #3 and #5 is as follows:
3. The applicant shall relocate the hazardous substances
portion of the development to the interior portion
of the site, providing a minimum 50 foot setback from
the property lines to the north, south and west and
a minimum 40' setback along the eastern property
line. Future expansion of the hazardous substance
portion of this development will also be subject to
the 50 foot setback requirement.
5. No outdoor storage of hazardous substances/wastes
shall be allowed on site.
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July 18
, 1989
CONDITIONAL (ITEM 2D)
USE PERMIT Electrof'inishinct Conditional Use Permit. This
APPEAL hearing will consider an appeal filed by Electro-
finishing, Inc. of the Hearing Examiner' s
recommendation to deny a conditional use permit for
the use of an existing building for a metal plating
shop with hazardous substances on site which exceed
the allowable 10, 000 lb. limit in a CM-1, Commercial
Manufacturing, zoning district. The property is
located at 22630 88th Ave. S.
Mary Duty of the Planning Department noted that the
electroplating operation is an allowed use in the CM
zone, but because the operation requires more than
10, 000 lbs. of hazardous substance on site, a
conditional use permit is required. She also noted
that it is located in an existing, multi-tenant
building, and that the applicant cannot meet the 50 '
setback requirement. The Hearing Examiner did not
feel that he had the authority to waive this
requirement. Ms. Duty noted for Dowell that the
Planning Department recommended approval with six
conditions, and that ingress and egress is not a
problem. She noted that this is a small operation,
approximately 2800 square feet, with 3-4 employees.
Upon the Mayor' s request, Duty read the six
conditions as shown on page 13 of the staff report.
She mentioned that the Hearing Examiner had agreed
with the conditions, but felt that the limitations
on the deliveries, condition #6, was not necessary.
The Mayor declared the public hearing open. Richard
Raymond, President of Electrofinishing, explained
that they do refinishing of boat and car parts and
machine shop parts, consisting of chrome, brass,
nickel and zinc plating. He noted for White that
they have not had any spills or citations and they
operate in a safe manner. Upon Houser' s question,
he said that only one or two trucks a month come in,
bringing up to five barrels at a time.
Greg Allen, Box 21, Redmond, noted that he is a
professional engineer retained by Electrofinishing.
He pointed out that Electrofinishing deals with
small amounts, and that the diluted solution on site
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July 18, 1989
CONDITIONAL is the cause of the 10, 000 lb. limit being exceeded.
USE PERMIT He noted that Electrofinishing has met all
APPEAL requirements of the Department of Ecology and Metro.
Regarding the setback, Allen stated that this
(Electro- operation does not handle large enough quantities to
finishing Inc. ) cause spill problems. He noted that the 15 ' setback
is safe for the public. Upon Dowell 's question,
Allen stated that some chemicals should be stored
outside, but Electrofinishing handles so few
chemicals that it is easier for them to have storage
inside, so there will be no outside storage at this
site.
Ned Raymond of Electrofinishing noted that it had
been impossible to find a location with a 50 '
setback. He said that the locations zoned for
20, 000 lbs. of chemicals were close to houses and
retail businesses, and that they preferred to be
further away from that type of use. There were no
further comments and WHITE MOVED to close the public
hearing. Dowell seconded and the motion carried.
DOWELL MOVED to reject the findings of the Hearing
Examiner and to disagree with the Hearing Examiner' s
recommendation of denial of the Electrofinishing
Conditional Use Permit CE-89-10, and to allow the
conditional use permit to be granted with the
conditions outlined by the Planning Department.
White seconded. White then suggested to Dowell that
Condition #6 be deleted, as the Hearing Examiner
suggested, since there will only be one or two
deliveries per month. Dowell agreed and the motion
as amended then carried.
ZONING CODE (ITEM 4B)
AMENDMENT Public Notice Boards. This meeting will consider a
recommendation by the Planning Commission to modify
Kent City Code requirements for providing on-site
public notification of proposed land use actions and
related public hearings.
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July 1 ,
ZONING CODE Carol Proud of the Planning Department noted that in
AMENDMEN
T October, 1988, the Council requested that the
Planning Department research options for providing a
public notice at development sites that is more
visible to the community and less subject to
vandalism than the system now in use. She pointed
out that the boards now in use are small and can't
be seen by residents driving by, and that they don't
hold up well in bad weather. She noted that six
cities had been contacted and three alternatives had
been suggested. These alternatives were presented
to the Planning Commission on July 19 , and they
selected Alternate C, a 4 ' x 4 ' plywood face generic
notice board. Proud explained that the applicant
would deposit $60 with the City and install the sign
14 days before the public hearing. Staff would then
post the laminated notice sheets and a vinyl packet
of information 10 days before the hearing. The City
would refund $45 to the applicant upon return of the
board. JOHNSON MOVED to accept the Planning
Commission recommendation to modify the Kent City
Code for providing on-site public notification of
proposed land use actions and related public
hearings. White seconded. White and Johnson
extended thanks to staff and all who helped on this
project. The motion then carried.
ECONOMIC (CONSENT CALENDAR ITEM 3F)
DEVELOPMENT SeattlelKing Co EDC Agreement. As recommended by
CORPORATION the Operations Committee, AUTHORIZATION for the
Mayor to sign a service agreement with Seattle/King
Co. Economic Development Corporation.
Seattle/King Co. Economic Development Corporation
has asked the City to sign a service agreement
authorizing the expenditure of $3 , 235 in 1989 for
various services as detailed in the service
agreement. The service agreement covers calendar
year 1989 and quarterly payments have already been
made to the Seattle/King Co. Economic Development
Corporation. Funds are included in the City' s
Economic Development Corporation budget for this
purpose. At a future time, the City staff will
analyze the contract benefits and propose a 1990
budget recommendation that may include alternative
budget recommendations.
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July 18 , 1989
FINANCE (ITEM 2E)
1990 Budget. Tbnight's meeting has been set to
receive public input for the 1990 budget. The
timing of the meeting is prior to the July 28, 1989
Council work session when the Council will be
establishing budget priorities for 1990. Future
public input dates for the budget are scheduled for
August 15 and November 7, prior to the adoption of
the 1990 Budget at the December 5 Council meeting.
The intent of this meeting is to receive input from
the public, so that their items can be considered in
the Council prioritization setting session.
City Administrator Chow noted that the Chamber of
Commerce had submitted a letter regarding the 1990
budget and DOWELL MOVED to make the letter a part of
the record. Houser seconded and the motion carried.
The Mayor then declared the public hearing open.
Finance Director McCarthy noted that the Council
worksession on July 28 would be held at the Senior
Center beginning at 8 : 30 a.m. , and that input
received tonight would be considered at that
meeting. There were no comments from the audience.
White noted that he would not be able to attend on
the 28th, and the Mayor suggested that the City
Administrator meet with Councilmembers and determine
what day that week would be convenient for all.
DOWELL MOVED to close the public hearing. Houser
seconded and the motion carried.
(CONSENT CALENDAR ITEM 3B)
Approval of Bills. APPROVAL of payment of the bills
received through July 24 , 1989 after auditing by the
Operations Committee at its meeting at 3 : 00 p.m. on
August 1, 1989 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/29/89 80956 - 80960 3,284.46
6/29 - 7/11 81403 - 81426 252,518.32
7/12/89 81427 - 81692 1,282,793.70
1,538,596.48
Approval of checks issued for payroll:
Date Check Numbers Amount
7/05/89 121406 - 122136 717,797.06
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July 18 , 1989
PARKS AND (ITEM 4A)
RECREATION Riverbend Golf Course Support Structures Project.
ACCEPTANCE of RiverbendGolf Course Support
ort
Structures Project as complete and release of
retainage to Pease Construction upon receipt of
state releases. Following is a financial breakdown:
original contract amount $1,600,450.00
Change orders 174,480.85
Subtotal $1,744,930.85*
Tax 122 ,556.59
Total $1,867,487.44
*$261,886.50 tax exempt for bridge.
(ITEM 5A)
Kiwanis Tot Lot #2. The Parks Department advertised
for bids for renovation of Kiwanis Tot Lot #2 (2nd
and Cloudy) , which consists of site preparation,
furnishing and installing play equipment and sand
surfacing. Bids were opened on Monday, July 17,
1989 The Mayor noted that only one bid had
been received, in the amount of $30, 076. 00
from Golf Landscaping, and that the Parks Department
recommends rejection of the bid, as it exceeds the
$23 , 975. 00 block grant monies available for
construction. He noted that Parks would work with
the architect to reduce the scope of work to fit
within the budget. DOWELL MOVED that the bid be
rejected. White seconded and the motion carried.
PERSONNEL (CONSENT CALENDAR ITEM 3C)
Workers Compensation Service Agreement.
AUTHORIZATION for the Mayor to sign the Workers
Compensation Service Agreement with Scott Wetzel
Services, Inc. for 1989/90. The City has contracted
with S.W.S. since July, 1979 . This is a renewal of
our existing workers compensation claims
administration agreement. Funding for this
agreement has been authorized within the 1989
budget.
ADJOURNMENT The meeting was adjourned at 9:15 p.m.
Marie Jen' n, CMC ',
City Clerk
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