Loading...
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. 1 i 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. 2 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, 3 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. 4 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. 5 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. 6 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. 7 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. 8 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 9 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. 10 8 198 9 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. 11 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 � 2 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 13