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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/02/1990 L•, 1.1. I7���� IIIIIIIII�II ; II' rr; fllpliill I ii i I i ITV .. I i llll�1,llal� Y 1 .�IM..n� nus���:����O�w�uu:uu111Y�O�11 IIIIW A& Aft 'i i I IIIIIIII�III �I�''i� I� I�II Illll �l il�llllllillli�lllllllllllllllllllk�� I( Ililhl11111111aillllll� �Illdl � IlIII III �IIIIIII '` ,I I �IlgYll � I�� II II I`I IIII I' �IIIIFul I I = 3: I I r 9+ • 1III111 IIIIII , IIIII I1 li r, Ir 11 i r I. 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Drinking Driver Task Force Donations D. Street Vacation - Resolution � � v E. Acceptance of Station 76 F. Interfund LID Loans - Resolution /a(,P1 G. Set Date for Hearing LID 331 H. Arterial Classification Revision - S. 272/277 I. Westbrook Preliminary Plat Time Extension J. Minshull-Wagner Rezone-Ordinanceq�{ 5 4. OTHER BUSINESS A. Group Homes Committee Report B. (,dministrative Restructuring/Mayor's Pay J2I� 5. BIDS A. LID 335 6. CONTINUED COMMUNICATIONS 7 R � RTS•—L_ O �x (ctrn l)E s L35+c 8 . ADJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Employee of the Mo t utt ILI B. Proc a ation - We Care The United Way l C. Proclamation - Boo s for Kids /Day f Kent City Council Meeting Date October 2 . 1990 Category Public Hearings 1. SUBJECT: LID 335 - 77TH AVENUE IMPROVEMENTS 2 . SUMMARY STATEMENT: This date has been set for the public hearing and confirmation of the final assessment roll for LID 335. The Director of Public Works will discuss the scope of the project and the manner of assessment. 3 . EXHIBITS: Memorandum from Public Works Director 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to accept the Public Works Director's memorandum as part of the record and for the City Attorney to be directed to prepare the ordinance confirming the final assessment roll for LID 335. DISCUSSION: ACTION: Council Agenda Item No. 2A DEPARTMENT OF PUBLIC WORKS September 27, 1990 TO: Mayor Kelleher nd City Council FROM: Don Wickstr( U, RE: LID 335 - 77th Avenue S. and S . 206th Street Improvement (S. 212th St. to S. 202nd St. ) GENERAL October 2nd has been set for the public hearing for confirmation of the final assessment roll for LID 335 - 77th Avenue South and S. 206th Street Improvement (S. 212th St. to S. 202nd St. ) . BACKGROUND Over the past number of years there has been substantial interest in development within the project area. However, the area is served by substandard access roads. Therefore, the City has been working toward the improvement of the roadways involved. Since 1980, numerous developments or developmental activities have taken place which resulted in either actual construction of improvements or execution of LID covenants. In the Spring of 1989 , the City developed a preliminary proposal for the improvement of 77th Avenue S . and S. 206th Street between S. 212th Street and S. 202nd Street and for the formation of an LID to provide the funding. A letter was sent to the affected property owners and a meeting was held. Various property owners expressed interest in adding a traffic signal at 77th Avenue and S. 212th Street to the project. The City conducted a study of the intersection and found that a signal was warranted at this location. Therefore, the LID includes the traffic signal. The City Council stated its intention to proceed with the project by passing Resolution No._ 1223 on December 19, 1989 and scheduling the formation public hearing. A formation hearing was held at the February 6, 1990 Council meeting. No protests were received. The City Council passed Ordinance 2899 at the February 20, 1990 meeting creating the LID. - --- - -- -- - SCHEDULED IMPROVEMENTS The scheduled project is the improvement of 77th Avenue South from S. 212th Street to S. 202nd Stream and S. 206th Street from 77th Avenue South to the west end at the UPRR railroad tracks. The project includes the following improvements: 1. Curb and gutter 2 . Cement concrete sidewalks (except along the railroad ROW) 3 . Widened roadway, 36 feet between curbs 4 . Storm drainage system including biofiltration 5. Street lighting (installed on Puget Power poles) 6. Street trees (where possible) 7 . Sanitary sewer and water main stubs to properties as required 8. Channelization and traffic signing 9. Traffic signal at the intersection of S. 212th Street and 77th Avenue Sou—TE _ -_ _____._--.---__._.------_-- FUNDING The project is to be funded_ 100% by the Local Improvement District method. The estimated final total cost is $1,409,510. --Each- property is assessed a share of this cost. The preliminary LID total cost estimate was $1, 261, 704 . 09. The final total cost estimate of �1,409, 510 is $147, T0-5-.--91 or 11.71$ over the preliminary estimated amount. The reason for the project cost increase follows: The original preliminary estimate presumed utilizing the existing relatively new roadway pavement surface for about 1000 feet in the vicinity of the S. 206th Street/77th Avenue S. intersection. This portion of the existing roadway was put in by a developer. A closer examination of the pavement surface and the underlying roadway foundation material by the City's geotechnical consultant revealed that this existing pavement surface is cracking and failing due to poor foundation material. Thus, the entire roadbed must be excavated and replaced in this area with the added costs associated. METHOD OF ASSESSMENT The costs under each category of assessment are distributed to each property benefiting as follows: - 1. Street - The assessments are based on square footage within the assessment boundary. The assessment rate decreases with 120 foot zones back from the public right-of-way with a maximum of six zones. The front zone rate is six times the rear zone; the second zone from the front is five times the rear zone and so on. Property further than 720 feet from the edge of the right-of-way is not assessed. The total street assessment is $1, 247 , 167. _ 2 . Sanitary Sewer and Water Stubs - The cost for each stub is assessed to the property being serviced by the stub. The total -sanitary sewer stub assessment is $13 , 993 . The total waterline stub assessment is $19, 618 . 3 . Traffic Signal - The assessments are based on square footage within the assessment boundary. However, several properties which have an alternate access to S. 212th Street are assessed_ at a 50% rate. The total traffic signal assessment is $128,732 . As noted above, the overall assessments have increased 11.71% due to the existing roadbed problem discussed. Corrections were also made to the assessment roll parcels to include lot line revisions made by property owners and to delete right of way acquired for a bioswale/drainage channel. For these reasons the actual percent change for each parcel is different from the average percent increase of 11. 71% overall. PAYMENT OF ASSESSMENT Upon Council passing the ordinance confirming the final assessment roll, there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period the balance is paid over a ten-year period, wherein each year's payment is one-tenth of the principal plus interest on the unpaid balance. The interest will be what the market dictates. EASEMENT AND RIGHT-OF-WAY ACQUISITION The construction of the project will require property acquisition in some locations to provide necessary right-of-way. Right of way must also be acquired to provide a bioswale/drainage channel. Each property involved will be appraised followed by negotiation between the City and owner. Final settlement can be a direct payment to the owner or can be a credit toward the assessment thereby reducing the amount of the yearly payments. ENVIRONMENTAL A declaration of non-significance was issued by the Planning Department on January 5, 1990 . There were no conditions or mitigating measures specified. LID COVENANTS It should be noted that properties representing 48% of the LID assessment are encumbered by LID no protest covenants. NEED FOR IMPROVEMENTS/BENEFITS TO PROPERTIES I A.` Street. The road is substandard and the pavement surface is deteriorating. Part of 206th Street is gravel . Improvements such as curbing, sidewalks, lighting, landscaping and full paved width are required to bring the street up to code to meet both functional and safety requirements. Therefore, these improvements are planned into the new road. ( B.J Because the roads are substandard, undeveloped or under developed properties adjacent thereto would have to fully improve their frontage themselves in order to develop or upgrade their property. Some of the properties have already developed and have executed commitments for the road improvements. Most of the vacant properties are in the planning stages of development and, thus, will receive the benefit of having the LID satisfy their road improvement commitment. — C. Traffic. Congestion and traffic backups are occurring due to the congestion at the 212th Street intersection. Since this is the only way out for this dead end road this is an acute problem. Installation of the signal will greatly improve the safety at the intersection. Widening of the roadway to provide a center continuous left turn lane is required to provide increased safety and accessibility to adjoining businesses for drivers making turns from 77th Street. In addition, through traffic on 77th Street will not suffer extra delay or congestion due to left-turning traffic. Vehicles waiting to make left turns will be able to stand completely out of the through traffic lanes. Pedestrian improvements are also needed. The project provides continuous sidewalk with crosswalks. D. Drainage. There is no drainage system along most of the project route. Ponding of storm water occurs in places. An adequate drainage system for the area is needed to provide for disposal of water. Kent City Council Meeting Date October 2 1990 Category Public Hearin as 1. StRrF BECK REQUEST FOR VACATION OF WALKWAY EAST SIDE OF pARKSIDE DIVISION 2 PLAT 2. SUMMARY STATEMENT: An application has been made by Brian C. and Janice M. Beck to vacate a portion of tract "A" of Parkside Division No. 2 subdivision. Tract "A" is located between Military Road and 38th Avenue So. at the north end of Parkside No. 2 . 3. EXHIBITS: Application, staff report 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO---Z _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION• seconds Councilmember moves Councilmember�--���- � that action on this application be deferred for additional staff analysis. �c� {t �G+�% t U�1'vUv�� DISCUSSION• .. 'war G1C� ACTION• Council Agenda Item No. 2B crry of lend KENT PLANNING DEPARTMENT September 271_ 1990 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: Report and Recommendation on an application to vacate a portion of a walkway easement known as Tract "A" of Parkside Division RECOMMENDATION: Defer Action until additional analysis can be made by staff I. Name of Applicant Byron and Janice M. Beck 25203 36th Place South Kent, WA. 98032 II. Reason for Reauestina Vacation The applicants state, "Security reasons, as this Tract "A" is an attractive nuisance for local teens, resulting in property damage to abutting home owners. " III. Staff Recommendation After reviewing comments from the following departments and agencies: . Public Works Department - Recommends that the walkway not be vacated. . Police Department and conducting our own review, the Planning Department recommends that the request to vacate a portion of the walkway as mentioned in Resolution 1257 and shown on the accompanying map, be Deferred for additional staff analysis. The walkway was dedicated to the City as part of the original Parkside subdivision approved in 1976. Tract "A" was dedicated to the City for use as a pedestrian walkway as well as for storm drainage and utility purposes. Tract "A" extends from Military Road to 38th Avenue South. It is the only pedestrian walkway connection between Military Road and 38th Avenue South between S. 250th Street and Reith Road (a distance of 2,700 feet) . S. 252nd Street, which serves as a Memo To: Mayor Dan Kelleher and City Council Members September 27, 1990 Page 2 main access street into the Yorkshire and Cherry Park neighborhoods, on the west side of Military Road, is directly across the street from the walkway. For those persons living west of Military Road, the walkway provides access to 38th Avenue South where sidewalks are present south to Reith Road near Lake Fenwick Park. Pedestrians should not be forced to walk along Military Road to get to the east between S. 250th Street and Reith Road. Bus stops are situated along Military Road at the intersection with the walkway (also S. 252nd Street) . The walkway appears to provide a safer and more convenient walking route for residents living east of Military Road who want to use the transit service. An inspection of the walkway indicates that it is used by a substantial number of people. At one time there was apparently a mat surface on the walkway. Two large trees were in the walkway but have been trimmed back to essentially stumps. The walkway is not maintained, but should be. JPH:mp 14AIL TO: T�- � APPLICANT: Gera OF Kld B, McC h CITY a ® Name By(�'�N�C`�>�TRr.I��EM `F3FCrC EN 2 220 So, 4th 1990 Address: zs2,0 365,1 �L- so ?' Kent, IJA 980 AUG 2 0 CITY OF KENT Ilj F N T , (.c)A , 9 g 0 3 Z TREASURY Phone: zo(o� 94 t -o S OI` STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that', -certain TRflCY'A'•' hereby be vacated. (General Location) Legal Description � , 4 Tlia� �uzriow of ' T �4 ,4s wwn of: {xr<<e of ru�kr,'�'e O,'v. / .2 PG¢T /ty�„9 twesT LD/c .. No��hee(y Peoa�uGY,biv 1K sq,'Q' PLQ t BRIEF'STATEMENT WIIY VACATION IS BEING SOUGHT SCFCq//zr T y /?ra Soh $ a S >�/'S Teac T /� ^ /f /¢l�iI�NCYr'vg nu/Sauce ��� loc� P J�crhS ' iZ+Svfh.s : /r( 1�>2o/Opr�L�r ala6, ? P fo ¢64#1'nj w✓7ejZS PLea.$,P JAt G / acAeQ/ A107�9S Sufficient proof; copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc•. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT N SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWN. RG • •� yr ; ' LOfi /6 PARKS/Dt DIV X G(37L / /. Pfh'('SIDE lJ1Vz Le7' 1-7 t>tg K5- 4C I u x 7 q�A /.d7' 24 .$150.00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer' s Receipt No. . Land Value Paid - Treasurer's Receipt No. Deed.Accepted Date Trade Accepted Date 5224-33A RESOLUTION NO. all_ A RESOLUTION of the City Council of the City of Kent, Washington, regarding vacation of certain property located near 36th Place South located as described in attached Exhibit A and setting the public hearing for October 2, 1990, on the application of Byron and Janice M. Beck. WHEREAS, a proper petition has been filed requesting vacation of certain property near 36th Place South in the City of Kent as more fully described in Exhibit A, incorporated by reference herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A Public hearing on the vacation petition shall be held at a regular meeting of the Kent City Council at 7:00 p.m. , October 2, 1990 in Council Chambers of the City Hall, Kent, Washington. Section 2. The City Clerk shall give proper notice of the hearing and cause of notice to be posted as provided by law. Section 3. The Planning Director shall obtain the necessary approval or rejection of whether information from the Public Works Department or other appropriate departments and shall transmit information to the Council so that the matter may be considered by the Kent City Council at its regular meeting on October 2, 1990. Passed at a regular me ting oZKELLEHER, Council of the City of Kent, Washington this day 1990. ncurred in by the Ma or of of Kent, this day of , 1990. D MAYOR ATTEST: /� p c &—) 2L C�)Z BRENDA JACOBER, DEP TY CITY CLERK APPROVED AS TO FORM: -fOGkj LUBO 'C , ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1990. EAL) BRENDA JACC7 DEPUTY CITY CLERK 8900-310 2 - Exhibit A That portion of Tract "A" as shown of face of Parkside Div . #2 Plat lying west of the northerly production of the East line of Lot #14 in said Plat. '! � 7&C�� Tl�ac -r ..4 w�/,�wu �s avt Q e li s ce1 ��2 �oc.aL ,��rvS rzrsu/�i ►� �j2. Shur � � 5 �1�2v�or y (2�0 n4 Ole J4,010e Ow✓ ees // oh ouSPS �hc� Is`tic Ll. a.S LL ww�y S 1�-�i,�'Ow✓�'f �,/ �r /�, ,h 5 (I {f1 M.E GUSTAFSON f DETECTIVE I i1_NVlCT- Ate!!! I CITY OF KENT � � (206(859-6834 . POLICE DEPT. 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Nh� _..i-- hoc 3z �I n ea S. 253 Rp ST ��'04 w------ 210y+Cpo}v /� ! y,o9 / v 'o �o .56� i ., '• o �'0 9 '-� s h q <70b F/_t]1'/�� ' F M jl h 66 6` o 0 68 0 h 69 ay �� 1!o n I! _ : a 22 s'S �d 65 tr ° E60 ° r,;° v ` 68 . D im Z0 �. �' 0 ^ 1 0 . D "1 N ._...-___- I� •• JZ !? a6.. Ob £ 6 Hasse- 690 r C /Z6.?f ` �4° •SS ry N 00 r, AB 6 °op0 X� `41 230Z�0�yO9� h 64 F° A��y z4 5� �Qtv p F^. 49 cw 27 w' 52 v. 05 p ♦ 490 4 b l 93 ^ -9 p a y 24 0 0 �,�\Q 52° ` war A !. p 4 \y 0 6392..,s ti^�! 01 "N . s b_zqn o cy' 32� ^ Ss 253RD"gPL.6 Bs r✓b /ea:ac`—' �C, —v 25 OyyO a m^, \O✓,. ? 530J �.oc-ssh- o ISM `I \\Q 0 62 N5 1.20 26 bo r ^'g'�3 PROPOSED VACATION #AV-90-1 �► /2a 6� `"'' sr PROPOSED VACATION OF THE WALKWAY r. 3° o o EASEMENT KNOWN AS TRACT "A" OF I� n 17, 27,0 0 �q PARKS'IDE DIVISION #2 �7(j PLF6. (a n r°o'2E s" <L !o Area of Vacation 28' 0 �9 �D° e �� Kent, Washington September 18, 1990 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Captain Jim Miller, Assistant City Administrator Hansen, Personnel Director Olson, Finance Director McCarthy and Deputy City Clerk Jacober. Police Chief Frederiksen and Parks Director Wilson were not in attendance. City Clerk Jensen was on vacation. Approximately 60 people were in attendance. Boy Scout Troop 302 lead the flag salute. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICA- Constitution Week. Mayor Kelleher read a procla- TIONS mation declaring the week of September 17 - 23 as Constitution Week, and urging all citizens to pay special attention to our Federal Constitution and the advantage of American citizenship. A repre- sentative of the Daughters of the Revolution, Lakota Chapter, urged everyone to fly their flags this week in honor of Constitution Week. (PUBLIC COMMUNICATIONS - ITEM 1B) National Arts Week. Mayor Kelleher read a procla- mation declaring the week of September 23 - 29 , 1990 as National Arts Week and an invitation was extended to all to join in a celebration of the arts on September 29, 1990 at noon, on First Ave. and Meeker St. (PUBLIC COMMUNICATIONS - ITEM 1C) Walk for Health Week. Mayor Kelleher read a proc- lamation declaring September 17 - 23 , 1990 as Walk for Health Week in the City of Kent and urging people of every age, background, ethnic group and interest to take part in this community event. Nadine Byers accepted the proclamation and dis- tributed flyers for this occasion. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through F be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 4, 1990. 1 September 18, 1990 STREETS (CONSENT CALENDAR - ITEM 3E) 228th Street Acquisition. AUTHORIZATION to trans- fer $20, 000 from the West Valley Highway Improve- ment Fund to the 228-th Street Acquisition Fund for right-of-way acquisition as recommended by the IBC, Public Works and Operations Committee. (CONSENT CALENDAR - ITEM 3F) LID 331 - 240th Street Improvements. ACCEPT as complete the contract with R.W. Scott Construction for LID 331, 240th Street Improvement Project, and release of the retainage after receipt of the nec- essary releases from the state. TRAFFIC (BIDS - ITEM 5A) CONTROL Signal Modifications - 84th Ave. S. & S. 208th St. Bid opening was September 7 with two bids receiv- ed. The low bid was submitted by Totem Electric in the amount of $43, 258. Staff recommends that this bid be accepted. WHITE SO MOVED. Woods seconded and the motion carried. FAUS (CONSENT CALENDAR - ITEM 3D) FUNDING FAUS Funding Proposed Allocation Method Change. AUTHORIZATION to support the change in allocation of FAUS funding to the City from a project prior- ity basis to an allocation based on current popu- lation and for the Director of Public Works to communicate that support to the King County Pub- lic Works officials and King Subregional Council, as recommended by the Public Works Committee. PRELIMINARY (OTHER BUSINESS - ITEM 4A) SUBDIVISION Harvey Preliminary Subdivision No. SU-90-3 . This meeting will consider the Hearing Examiner's rec- ommendation of conditional approval of an appli- cation by Townsend-Chastain and Associates for a 10-lot single family residential preliminary subdivision. The property is located north of S. 252nd St. between 22nd Ave. S. and 25th Ave. S. Jim Harris, Planning Director, pointed out that Conditions A.4 .d and A.4e. are incorrectly listed as notations on the final plat mylor or linen, and that they should be shown under Condition A. 1 as Conditions A. i.d. and A. l.e. , which are required prior to recordation of the final plat. He noted that these items provide for construction of half- street improvements on S . 252nd St. and full- street improvements for 23rd Ct. S. and they need 2 September 18 , 1990 - PRELIMINARY to be listed under A. 1 so that they will be SUBDIVISION constructed. Harris noted that Condition 4 would then include only a, b, and c. JOHNSON MOVED to accept the findings of the Hear- ing Examiner and to adopt the Hearing Examiner's recommendation of approval with the corrected con- ditions of the Harvey No. SU-90-3 10-lot single family residential preliminary subdivision. White seconded and the motion carried. REZONE/ (OTHER BUSINESS - ITEM 4B) APPEAL Minshull/Wagner Rezone Appeal. On August 21, 1990, the City Council conducted a public hearing on the Minshull/Wagner Rezone Appeal (RZ-90-5) from the Hearing Examiner's recommendation for denial of the applicant's request for R1-7 . 2 zoning. After closing the hearing, the Council voted to modify the Examiner's recommendation and to adopt R1-12 (12, 000 square foot minimum lots) for RZ-90-5. The Council directed staff to pre- pare conditions to mitigate traffic problems with the rezone. Harris noted that the conditions have been pre- pared for the already adopted rezone on the Minshull/Wagner application. Martin Durkan noted that the conditions which the Planning Department prepared have merit but are very costly. He listed the conditions as follows: 1. The developer shall reconstruct the west half of 92nd Avenue South (minimum 18-feet of asphalt pavement) including the installation of curb and gutter, sidewalk, street lights, storm drainage, underground utilities and related appurtenances for the entire property frontage. On the east side of 92nd Avenue South a 12-foot wide asphalt paved half-street improvement shall be constructed. 2. The developer shall widen and improve 92nd Avenue South to a width of 24-feet with a minimum five-foot paved shoulder on the west side of the' street from the southerly property line to the intersection of 92nd Avenue South/South 208th Street. 3. The developer shall install a minimum five-foot wide paved shoulder on the north side of South 200th Street from 92nd Avenue South to 96th Avenue, where an existing paved shoulder exists. 4. Secure necessary permits and approvals from King County for all road improvements. 5. If any road grades on the subject property exceed 12 percent, any single family residences constructed on the site shall be sprinklered. 3 September 18, 1990 REZONE/ Durkan noted that the Minshulls and Wagners APPEAL feel these conditions are excessive for the 12, 000 square foot lots but could possibly go along with Minshull/ them if the lot size was 7200 square feet and the Wagner number of lots was increased to 85. Durkan said that this would improve the area and make the streets safer. Lubovich clarified for Durkan that the rezone and the appeal were both closed and the Council did rezone to R1-12, subject to the mitigating conditions, and that the only thing open for discussion is the conditions. He also noted that when the Council took their action, it essentially resulted in denial of the appeal. Cal Stewart, 20028 92nd Ave. S. , noted that he feels all the conditions outlined by the Planning Department should be met. . White stated that in order to have the developer pay for improving the roads, the lot sizes would need to be smaller. Stewart replied that the neighbors would prefer the largest lots possible and they could live with the roads as they are, if the project does not happen. Margaret Minshull, 28114 110th Ave. S.E. , express- ed concern that she did not receive a copy of the conditions. She noted that the developer on the east side of 92nd- is responsible for the develop- ment of the road on that side, which is in the county, and she is concerned about the cost of redoing the full length of 92nd Ave. Donna Williamson, 20211 92nd Ave. S. , noted that traffic is a problem, and stated that lots should not be smaller than 12 , 000 square feet. . Al Minshull, Prosser, WA. , noted that with im- provements and 12, 000 square foot size, the lots will cost $50, 000-$60, 000 and that in order to build affordable housing, the lots should be smaller. JOHNSON MOVED to deny the appeal, Houser seconded. Motion carried. Johnson asked whether the City or the County re- quires the 12-foot wide asphalt paved half-street 4 September 18, 1990 �r REZONE/ on 92nd Ave. S. in Condition No. 1. Wickstrom APPEAL replied that the standard minimum lane is 12 feet wide and that the total pavement in this area Minshull/ ranges from 19 •- 20 feet. He stated that the City Wagner requires the street be widened to a full 12 foot lane, so there would be minimum lane size in both directions. Regarding Condition No. 2, Wickstrom noted for Johnson that in a plat within the City where the road is substandard, the City has typically required the developer to provide two 12 foot lanes, so there are adequate driving lanes for two-way traffic and there is a shoulder for school children to walk on. JOHNSON MOVED to approve staff proposed mitigating conditions that support Council 's action to zone the Minshull/Wagner application to R1-12 and direct the City Attorney to prepare the necessary ordinance. Wickstrom noted for Dowell that there are only two outlets, at 92nd Ave. S. and S. 200th, both of which are County roads. He also noted that S . 208th St. and E. Valley Highway are both signal- ized. White expressed concerns that the project will not occur with the strict conditions at this lot size. The motion then carried. SENIOR (CONSENT CALENDAR - ITEM 3C) HOUSING Senior Housing Technical Assistance. ACCEPTANCE of the establishment of a pre-bond issue budget of $40, 000 for technical assistance to the Senior Housing Program. The Planning Department requires technical assis- tance to carry out the direction of the Mayor and City Council in moving forward with the Senior Housing Bond Program. The expenditure of Senior Housing Bond proceeds for this technical assis- tance is a legitimate expense of the bond money. The IBC, Planning and Operations Committees recom- mend establishing a pre-bond issue budget of $40, 000 to cover consultant expenditures incurred since voter approval of the bond issue in February. 5 September 18, 1990 COMMUNITY (PUBLIC HEARING - ITEM 2B) DEVELOPMENT 1991 Community Development Block Grant Program BLOCK GRANT -CDB(;) . This public hearing will consider adop- PROGRAM tion of the 1991 Community Development Block Grant (CDBG) Program as recommended by the City Coun- cil's Planning Committee. Alice Shobe of the Planning Department noted that this program comes to the Council as a recommenda- tion from the Planning Committee and the Human Services Committee. She noted that the County has estimated that the recommended funding level for the year will be $219, 719, and listed the eight projects as follows: I Protect Tvbe Funding Level I. Planning & Administration Administration $926 2. City of Kent Housing Repair Service Program Housing Rehab $134,055 3. Kent community clinic Facility Expansion** Construction $5,000 4. KVYS Transitional Housing for Homeless Teen:.Farents Rehab/Relocation $25,000 5. Children's Therapy Center Handicap Accessibility Construction $11,100 6. .SKCMSC Transitional Housing Rehabilitation** Housing Rehab $14,000 7.... Kent Community Clinic Health Services Human Services $12,178 8. YWCA Emergency Housing Program Human Services $17,460 TOTAL $219,719 The Mayor declared the public hearing open. M.L. Peterson, 27537 43rd Ave. S. , Auburn, President of Kent Valley Youth Services, stated that they have started a program within the Kent School District, funded by U.S. West, in which they counsel and train teen parents. He noted that they currently have over 50 teen parents, and that they are between 13 and 17 years old. Peterson noted that in order to continue the program, housing is need- ed for some of the teens, and that they have lo- cated an apartment in Kent which could accommodate up to 15 parents and infants. He urged the Council to approve their request for funding, so that housing can be provided. 6 September 18, 1990 COMMUNITY Linda Wheatman, representing YWCA of Seattle-King DEVELOPMENT County, noted that they provide emergency BLOCK GRANT shelter services and that the funds requested PROGRAM would be used for three units of emergency shelter for facilities in the city of Kent. She thanked the Council for consideration of their request. Curtis Thom, Financial Manager for the Community Health Center, thanked the Council for their support, so that low cost health care can be pro- vided to low income people. There were no further comments and WHITE MOVED that the hearing be closed. Woods seconded and the motion carried. Peterson noted for Dowell that the teen parents come to Kent Valley Youth Services through the Kent School District, and that some of the infants are under a year old. JOHNSON THEN MOVED to approve the 1991 Community Development Block Grant Program as presented. White seconded and the motion carried. GROWTH (PUBLIC HEARING - ITEM 2C) MANAGEMENT Growth Management Advisory Ballot. The Mayor' s Growth Management Committee has recommended that the Council pass a resolution to pass an advisory ballot before the voters on November 6. The Plan- ning Committee dealt with this issue at its last meeting of September 4 and the consensus was that it be placed before the full City Council as a public hearing item. The advisory ballot wording approved by the Growth Management Committee is as follows: "Should Kent immediately adopt interim growth management measures--pending implementation of state-directed growth management measures-- which would require installation of public facil- ities (schools, roads, parks, etc. ) before or during construction of new multi-family, indus- trial or commercial developments; control the rate of development; and control conditions for multi- family rezones?" Laurie Anderson of the Planning Department noted that the Responsible Urban Growth Group had re- ferred a petition containing approximately 1600 signatures to the Council, and that the petition was referred by the Council to the Mayors Growth Management Committee, who considered it and also looked at the issue of an advisory ballot. September 18, 1990 _. GROWTH The Mayor declared the public hearing open. Chris MANAGEMENT Grant, 26302 Woodland Way South, Presidentof R.U.G.G. , urged the Council to authorize the advisory ballot concerning improved growth controls in Kent. He noted that earlier this year, their efforts to place an initiative before the voters on growth management issues failed because the initiative process is not permitted due to the code city status of Kent. He noted that an advisory ballot would enable the Council to hear from the entire community. Arnold Hamilton, 25410 113th Ave. S.E. , stated that this issue needs to go before the public, and pointed out traffic problems. Upon a question from Suzette Cooke of the Chamber of Commerce, Laurie Anderson listed the members of the Growth Management Committee and noted that the vote was 5-2 , with the two developers on the com- mittee voting against the advisory ballot. Cooke noted that the Chamber is concerned with the cost of the advisory ballot. She pointed out that Initiative 547 is very similar and is already on the ballot, and that the Council could get an idea of the citizens feelings by looking at the results of Initiative 547 . Cooke then asked how the public would be educated if this issue were put on the ballot and the Mayor noted that he would be required to advertise for people who could offer statements for and against this measure for inclusion in the voters pamphlet, and that in addition, the Council could authorize funds to do a mailing to residents. Cooke recom- mended that the advisory ballot not be part of the November ballot measures. Gilbert Sanders, 10925 S.E. 244th, noted that the growth issue is getting out of hand, and recom- mended that this be on the ballot in November. Sherry Grant, 26302 Woodland Way South, voiced concern about traffic, crowded schools and poor emergency vehicle response time. She urged the Council to make this issue an advisory ballot in November. 8 September 18, 1990 GROWTH Jack Cosby, 525 Van de Vanter, of the Growth MANAGEMENT Management Committee, pointed out that the Council has had direction from citizens regarding multi- family housing for the past two years, .and that if they cannot act on this issue tonight, then it should be placed on the November ballot. Cathy Myers, 26537 S.E. 224th, Maple Valley, noted that she had helped gather signatures on the R.U.G.G. petition, and that people were eager to sign. She disagreed that the results of Initiative 547 would give an indication of how people feel about this issue. She stated that the advisory ballot is not really necessary, that the Council has the information necessary to act, but if they do not act, the advisory ballot would be the next best thing. Susie Mallot, 818 Ellis Place, noted that growth needs to be controlled and directed. Dee Eklund, 524 W. Meeker, stated that there is more to this issue than multi-family dwellings. She pointed out that multi-family dwellings are affordable, and that if they are close to places of employment, traffic is reduced. There were no further comments and WOODS MOVED to close the public hearing. White seconded and the motion carried. White pointed out that when this petition came to the Council, he had asked that it go to the Planning Commission as well as the Growth Management Committee in order to speed up the process. Harris noted that the Planning Com- mission has received the information but has not yet discussed this subject. White said the Planning Commission could hold public hearings and make a recommendation to the Council on this. Orr noted that an advisory ballot would give the Council the opinions of Kent residents fairly quickly and that the Planning commission process could be a lengthy one. ORR THEN MOVED to adopt Resolution No. 1259 placing the Growth Management Advisory Ballot on the November 6 election. Woods seconded. Woods noted that growth has been an issue for some time and that is time to get a sense of what the citizens feel on this issue. She urged Councilmembers to pass this motion to place the issue on an advisory ballot. Mann 9 September 18, 1990 GROWTH voiced concern regarding the wording of the MANAGEMENT advisory ballot. He noted that the City has no control over the school system, that roads are already the #1 target issue for the City, and that Kent has the best parks system in the U.S. for a city of this size. He noted that the wording is misleading and unclear, and that it implies the Council is doing nothing with regard to growth, which is not true. He also said he is against spending $13, 000 of the taxpayers money to put this on the ballot. Orr noted that infrastruc- ture and public facilities are now taking place at the same time as growth is happening and that the solution would be to require improvements before development begins. White voiced concern regarding property tax assessments, saying that if the ballot is passed, it will not cure the problems. He noted that public hearings would still have to be held and measures adopted. Chris Grant noted for Dowell that R.U.G.G. is incorporated as a non-profit organization, and that there is no relationship at all between the advisory ballot and the lawsuit pending against the City. Upon Dowell ' s question, Grant noted that an example of an interim growth control would be improving a Grade F intersection so that it is possible for a fire engine to get through it. He also stated for Dowell that R.U.G.G. would consider the possibility of a bond issue to pay for these improvements. Orr noted that the Growth Management Committee has worked out the wording of the advisory ballot to address the entire issue, not just interim growth controls. She reiterated that services would need to be in place during or before a project could proceed. The Mayor noted that if the voters approved the advisory ballot, the issue would come back to the Council to work out the details. Johnson stated that he is not in favor of any advisory ballot because they did not accomplish anything. He stated that even if an advisory ballot passed, hearings would still have to be conducted, and that it could be a lengthy process. He suggested that the Planning Commission consider the items requested by R.U.G.G. Harris requested that if this is sent to the Planning Commission, it come with specific guidelines, and suggested that the Growth Manage- ment Group recommendations be given to the 10 September 18, 1990 GROWTH Planning Commission. Houser asked that this issue MANAGEMENT be on the Planning Committee's agenda as soon as possible. White stated that the Council should make recommendations to the Planning Commission rather than going through with the advisory ballot. Dowell said the only way to solve this problem is to have a bond issue, and urged the Council to consider that option. The motion to adopt Resolution No. 1259 placing the Growth Management Advisory Ballot on the November 6 election failed, with only Orr and Woods in favor. WOODS MOVED that the Council send the proposals of the Growth Management Committee to the Planning Commission for immediate consid- eration. Johnson seconded and the motion carried. Steve Burpee, Vice President of Economic Development for the Chamber of Commerce, noted that the Chamber would like to work with the City on this issue. ECONOMIC (PUBLIC HEARING - ITEM 2A) DEVELOPMENT Economic Development Corporation - Resolution. CORPORATION The Baer Family Partnership has applied for indus- trial development bond financing through the City of Kent Economic Development Corporation in the amount of $3, 000, 000 to be used for the acquisi- tion, construction and equipping of manufacturing facilities for the processing of meat products, to be located at 7622 S. 188th St. in Kent. The Baer Family Partnership application for in- dustrial revenue bonds was approved by the EDC at a special meeting held at 5: 30 p.m. this date. The Mayor declared the public hearing open. There were no comments from the audience and WHITE MOVED that the hearing be closed. Woods seconded and the motion carried. WHITE MOVED to adopt City of Kent Resolution 1258 approving the issuance of in- dustrial revenue bonds in the amount of $3, 000, 000 and approving Resolution 1990-50 of the EDC au- thorizing the sale of the bonds to provide funds for the project. Woods seconded. Finance Direc- tor McCarthy pointed out that these are industrial development bonds, not City of Kent bonds. He noted that securing these bonds improves the economy and is allowed under IRS regulations. The motion then carried. 11 September 18, 1990 LIBRARY (PUBLIC COMMUNICATIONS - ITEM 1D) King county Library system. Bill Ptacek, Director of King County Library Systems gave a slide pre- sentation on the King County• Library 2000 Plan, including expansion and renovation. He indicated the library system enables residents to access over one million volumes. He noted that the new Kent Library will be the first regional library that will have extensive business resource mate- rials, and that the new library will attract people to the downtown area. Ptacek noted that a presentation from the Georg- ette Group has been made and that the local library board will respond to the issues raised. Dowell noted the main concern of the Georgette Group is the method by which the payment for services is collected. Ptacek clarified for Dowell that the payment is based on property taxes and the City' s contractual fee, with City and County residents paying the same, and that the contractual fee is arranged at such a rate that it would equal that in the annexed or unincorporated areas, based on property taxes. Ptacek noted that the contract for this year for Kent was about $770, 000, and that next year it will be up to about $1. 1 million. Dowell stated that he feels there might be a discrepancy in the method by which cities pay, and hopes that Kent citizens are not penalized. Dowell noted that the Georgette Group has indicated that it is more economically feasible for Kent to pull out of the county system. Ptacek agreed, but noted that Kent citizens have come to expect library services far greater than a Kent-owned library could provide, and that one goal of the new Kent Library is to bring people into downtown Kent, not to close people out. Mann asked why Kent has no member on the Board of Directors. Ptacek responded that the city is currently contracting with the library for a service, and that the Library District Board of Trustees exists to represent the people in the unincorporated areas of the county. Joe Street, 849 Tilden, pointed out that contract- ing with Kent would be a distinct advantage for the Library System, and as such, Kent ' s rates 12 September 18, 1990 LIBRARY should be as low as others. Street pointed out that citizens use the library, not businesses such as Boeing, and that the cost of taxes has nothing to do with library services. Laura Whitehurst, Chairman of the Library Board, noted that they have received the Georgette Group Study and have a number of unanswered questions. She noted that they will be investigating the possibility of Kent starting their own library and that they will bring the results of their study, and the costs involved, back to the Council. Dowell asked Whitehurst to include the per capita cost, City vs. County, in the study. White also voiced concern about equity, stating that over 70% of Kent' s tax base is non-resi- dential. Mayor Kelleher noted that no action is to be taken at this meeting. PERSONNEL (OTHER BUSINESS - ITEM 4C) Prosecutor Services Staffing. The Council is be- ing asked to authorize an additional City Attorney position to handle growth in the number of cases and double set calendars established by the Aukeen Court. The Public Safety Committee and Operations Committee have heard staff presentations on the workload and need. Action has been deferred until this date pending the hiring of a new City Attor- ney. At its September 11, 1990 meeting, the Operations Committee considered the City Attor- ney's request to add one additional attorney and one additional support staff to the Law Depart- ment's present staff. The Committee approved the addition of one prosecutor to the Law Department prior to the 1991 budget year, but deferred its decision on the office support position until 1991. Funds for the additional position will come from currently authorized salary and contract bud- gets. Upon White' s question, Lubovich clarified that the funds used for the attorneys currently on staff will be used for the permanent positions, and that he is requesting a prosecutor to replace a con- tracted position on staff. 13 September 18, 1990 PERSONNEL HOUSER MOVED to authorize the establishment of an additional attorney position in the Law Department as Prosecutor. Orr seconded. Motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 19 after auditing by the Operations Committee at its meeting at 4 : 30 p.m. on September 25, 1990. Approval of checks issued for vouchers: Date Check Numbers Amount 9/1 - 9/13/90 96161 - 96181 $ 402 , 179. 67 9/14/90 96182 - 96542 1, 904 , 665. 62 $2 , 306, 845. 29 Approval of checks issued for payroll: Date Check Numbers Amount 9-5-90 140948 - 141691 $ 836, 278 .32 REPORTS (REPORTS - ITEM 7F) Parks Committee. Dowell noted that the Parks Committee will meet at 4 : 00 p.m. on Wednesday, September 19, 1990. ADJOURNMENT The meeting was adjourned at 9: 50 p.m. Brenda Jacober', CMC Deputy City C1 / 14 September 18, 1990 M LIBRARY should be as low as others. Street pointed out that citizens use the library, not businesses such as Boeing, and that the cost of taxes has nothing to do with library services. Laura Whitehurst, Chairman of the Library Board, noted that they have received the Georgette Group Study and have a number of unanswered questions. She noted that they will be investigating the possibility of Kent starting their own library and that they will bring the results of their study, and the costs involved, back to the Council. Dowell asked Whitehurst to include the per capita cost, City vs. County, in the study. White also voiced concern about equity, stating that over 70% of Kent's tax base is non-resi- dential. Mayor Kelleher noted that no action is to be taken at this meeting. PERSONNEL (OTHER BUSINESS - ITEM 4C) Prosecutor Services Staffing. The Council is be- ing asked to authorize an additional City Attorney position to handle growth in the number of cases and double set calendars established by the Aukeen Court. The Public Safety Committee and Operations Committee have heard staff presentations on the workload and need. Action has been deferred until this date pending the hiring of a new City Attor- ney. At its September 11, 1990 meeting, the Operations Committee considered the City Attor- ney' s request to add one additional attorney and one additional support staff to the Law Depart- ment's present staff. The Committee approved the addition of one prosecutor to the Law Department prior to the 1991 budget year, but deferred its decision on the office support position until 1991. Funds for the additional position will come from currently authorized salary and contract bud- gets. Upon White' s question, Lubovich clarified that the funds used for the attorneys currently on staff will be used for the permanent positions, and that he is requesting a prosecutor to replace a con- tracted position on staff. 13 September 18, 1990 PERSONNEL HOUSER MOVED to authorize the establishment of an additional attorney position in the Law Department as Prosecutor. Orr seconded. Motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 19 after auditing by the Operations Committee at its meeting at 4 : 30 p.m. on September 25, 1990. Approval of checks issued for vouchers: Date Check Numbers Amount 9/1 - 9/13/90 96161 - 96181 $ 402 , 179. 67 9/14/90 96182 - 96542 1, 904 , 665. 62 $2 , 3061845. 29 Approval of checks issued for payroll: Date Check Numbers Amount 9-5-90 140948 - 141691 $ 836, 278. 32 REPORTS (REPORTS - ITEM 7F) Parks Committee. Dowell noted that the Parks Committee will meet at 4 : 00 p.m. on Wednesday, September 19, 1990. ADJOURNMENT The meeting was adjourned at 9: 50 p.m.. J Ae'14 c t Brenda Jacober�I CMC Deputy City C1�/ 14 CONSENT CALENDAR 3 . city council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through J be approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 18, 1990 with the following correction: Information Services Director Spang arrived late and was therefore not listed ng those present. �•iy p3BJAA,2DDRr al of Bills. Approval of payment of the bills received through October 3 , 1990 after auditing by the Operations Committee at its meeting at 2 :00 p.m. on October 9, 1990. Approval of checks issued for vouchers: ate Check umbers Amou t 3 �'Z" '7 Approval of checks issued for payroll: Date Check Numbers Amount 9/20/90 141691 - 142398 830F838 .24 Council Agenda Item No. 3 A-B ............... CONSENT CALENDAR 3 . Citv Council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through J be roved. Discussion y� v Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 18, 1990 with the following correction: Information Services Director Spang arrived late and was therefore not listed among those present. 3B. Approval of Bills. Approval of payment of the bills received through October 3 , 1990 after auditing by the Operations Committee at its meeting at 2 :00 p.m. on October 9, 1990. A� Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount 9/20/90 141691 - 142398 830F838.24 Council Agenda Item No. 3 A-B Kent City Council Meeting Date October 2 . 1990 Category Consent Calendar 1. SUBJECT: DRINKING DRIVER TASK FORCE 2. SUIDIARY STATEMENT: Acknowledgment of donations to the Task Force for support of the Parent Education Program activities as follows: Bell Anderson Agency Inc. - $100 Mountain High Burger Company - $50 Scenic Hill PTA - $100 3 . EXHIBITS• None 4 . RECOMMENDED BY: (Committee Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FIS PERSONNEL IMPACT: NO YES FISCAL PERSONNE NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIjtED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: `, Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C Kent City Council Meeting Date October 2, 1990 Category Consent Calendar I. SUBJECT: STREET VACATION 2 . SUMMARY STATEMENT: Adoption of Resolution 00 setting a public hearing for November 6, on the application of Kelly's Cafe Americana, Inc. for vacation of a portion of South Central Place. 3 . EXHIBITS: Resolution 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FI CAL PERSONNEL IMPACT: NO_x___ YES FISCAL PERSO L NOTE: Recommended Not Recommended 6. EXPENDITURE UIRED: $ SOURCE OF F 1DS• 7. CITY COUNCIL, ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D 3� RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding vacation of certain property located at 1734 So. Central Ave. , Kent, Washington, legally described in Exhibit A incorporated by reference herein, setting a public hearing for November 6, 1990 on the application of Kelly's Cafe American, Inc. WHEREAS, a proper petition has been filed requesting vacation of certain property located at 1734 So. Central Ave. , Kent, Washington as more fully described in Exhibit A attached and incorporated by reference herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the aforesaid vacation petition shall be at a regular meeting of the Kent City Council to be held at 7 : 00 p.m. , Tuesday, November 6, 1990 in the Council Chambers of City Hall located at 220 4th Ave. So. , Kent, Washington, 98032 . Section 2 . The City Clerk shall give proper notice of hearing and cause the notice to be posted as provided by law. Section 3 . The Planning Director shall obtain the necessary approval or rejection of or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the matter may be considered by the City Council at such regular meeting on November 6, 1990. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1990. Concurred in by the Mayor of the City of Kent, this day of , 1990. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1990. (SEAL) MARIE JENSEN, CITY CLERK 8970-320 2 - Legal Description That portion of South Central Place (also known as 84th Place South and Kent-Thomas Road) described as follows: Beginning at the Southwest corner of Tract 30, Horseshoe Acre Tracts to Kent, according to the plat recorded in Volume 15 of Plats on page 10, Records of King County, Washington; Thence N 88034100" E along the North line of South 266th Street for a distance of 21. 19 feet to a point on the Westerly line of said South Central Place and The True Point of Beginning; Thence continuing N 88034'00" E along said North line of South 266th Street for a distance of 70. 54 feet to a point on the Easterly line of said South Central Place; Thence N 33009149" W along said Easterly line for a distance of 36. 60 feet to a point on the South line of that portion of South Central Place vacated by The City of Kent through Ordinance No. 2015 approved on February 23, 1977; Thence S 88034,100" W along said South line for a distance of 66.26 feet to a point on a line 36. 00 feet Easterly of and parallel to the centerline of South Central Avenue; Thence S O1001130" E along said parallel line for a distance of 6. 84 feet to a point on the Westerly line of said South Central Place; Thence S 33009149" E along said Westerly line for a distance of 28. 55 feet to The True Point of Beginning. 3 - ............... Kent City Council Meeting Date October 2. 1990 Category Consent Calendar 1. SUBJECT: STATION 76 k&APOMEBE3'E 2. SUMMARY STATEMENT: Acceptance of the contract with Mar Jon Contractors for the completion of Fire Station 76. 3. EXHIBITS: Executive summary 4 . RECOMMENDED BY: Public Safety Committee, Fire Administration (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISgWPERSONNEL IMPACT: NO X YES FISCALIPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: Final payment has yet to be made. Retainage is being held. SOURCE OF FUNDS: Public Safety Bond Levy. 7. CITY COUNCXL ACTION: Councilmekber moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3E 3 ` C EXECUTIVE SUMMARY OCTOBER 2 , 1990 TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS, COUNCILMEMBERS WHITE, JOHNSON, DOWELL, HOUSER, MANN, ORR FROM: NORM ANGELO, FIRE CHIEF 0 4a, SUBJECT: ACCEPTANCE OF STATION 76 --------------------------------------------------------------- INTRODUCTION/BACKGROUND Contract for construction was signed with Mar Jon Contractors, Inc. of Tacoma on the 15th of July, 1988 . The contract sum was $1, 668, 690. 66 with tax. The Fire Department took occupancy of this station on June 26, 1989 . It was only until August, 1990 that all punch list items were corrected. RECOMMENDED ACTION The Fire Department is recommending processing the paperwork to notify the Department of Labor and Industries and Department of Revenue that work has been completed. Upon receipt of the necessary certificates, we will then be able to release retainage to the Contractor. SIGNIFICANCE The Fire Department is accepting the construction of this fire station as complete. This action will complete the construction phase of the north end fire station and maintenance building. BUDGET/ECOMONIC IMPACT This project has been budgeted through the bond levy with no impact on the general operating budget of the department. ALTERNATIVES/CONSEQUENCES None ti Kent City Council Meeting Date October 2 . 1990 Category Consent Calendar 1. SUBJECT: RESOLUTION FOR INTERFUND LID LOANS 2. G and-cTaTFlrtR As recommended by the IBC and thee_' Operations Committee t of n o eso ution pproving interfund oans—for- LIDs 329, 331, 333 and 335 The Council has previously approved interfund loans for LIDS but no formal documentation was incorporated in ordinances creating LID No. 329, 331, 333 and 335. Bond Counsel has prepared this resolution to formally authorize interfund loans when borrowing money to perform local improvement district construction prior to the issuance of bonds and receipt of the bond proceeds. Future interfund loan authorizations will be included in the specific ordinance creating LIDs. i 3 . EXHIBITS: Resolution prepared by Bond Counsel 4 . RECOMMENDED BY: Finance Staff. IBC and Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL, IMPACT: NO >� YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F 3F CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to various local improvement districts of the City and authorizing and ratifying interfund loans. WHEREAS, the City of Kent, Washington (the "City") , has created Local Improvement Districts Nos. 329, 331, 333 and 335 (the "Districts") for the purpose of making various improvements within those Districts; and WHEREAS, it is the intention of the City Council to construct the improvements in each of those Districts and to authorize, issue and sell its local improvement district bonds (the "Bonds") or, pending the receipt of the proceeds of those Bonds, to issue and sell its local improvement district bond anticipation notes (the "Notes") to pay all or part of the cost of carrying out those improvements in those Districts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: Section 1. Authorization and Ratification of Interfund Loans for LIDs Nos. 329, 331, 333 and 335. For the purpose of paying all or a part of the costs of carrying out the improvements within each of the Districts pending the receipt of the proceeds of the issuance and sale of the Bonds and/or Notes or of prepaid special benefit assessments, the following interfund loans are authorized and approved: From the General Fund to the Local Improvement Fund, District No. 329, in the maximum aggregate amount of $182,325; From the General Fund and/or the Sewer Fund to the Local Improvement Fund, District No. 331, in the maximum aggregate amount of $540,900; From the General Fund to the Local Improvement Fund, District No. 333, in the maximum aggregate amount of $130,000; From the General Fund, Water Fund and/or Sewer Fund to the Local Improvement Fund, District No. 335, in the maximum aggregate amount of $1,261,704, each of those interfund loans to be repaid on or before issuance of the respective Bonds and/or Notes, from the proceeds of those Bonds and/or Notes or from prepaid special benefit assessments. Any interfund loans made prior to the date of adoption of this resolution are ratified and affirmed. Section 2. Interest Rates. Each of the interfund loans authorized by Section 1 shall bear interest at a variable rate, adjusted the fifteenth and last day of each month, equal to the interest rate of the State of Washington Local Government Investment Pool on the fifteenth and last day of each month. The initial interest rate on the date of each interfund loan shall be determined as of the last preceding interest payment adjustment date. The foregoing resolution was ADOPTED by the City Council of the City of Kent, Washington, at a regular open public meeting thereof this 2nd day of October, 1990. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: 4iFRal Counsel a d and Counsel JHO-116- _2_ Kent City Council Meeting Date October 2 , 1990 Category Consent Calendar 1. SUBJECT: LI D 3 31 2 4 �SE MP 1 f�3QT,S� 2 . SUMMARY STATEMENT: Authorization to set November 6 as the date for a public hearing on the final assessment roll for LID 331 - S.E. 240th Street improvements. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO \ YES FISCAL/PERSONNEL NOTE: ./Recommended Not Recommended 6. EXPENDITURE REQUIRED,; $ SOURCE OF FUNDS* 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G Kent City Council Meeting Date October 2 . 1990 Category Consent Calendar 1. SUBJECT: . =C ARTERIAL CLASSIFICATION SYSTEM Off 2. SUMMARY STATEMENT: Approval of the County's revision of the arterial classification of South 272nd/South 277th Street from urban minor to urban principal arterial. 3 . EXHIBITS: Letter from King County 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL4, PERSONNEL IMPACT: NO_X,_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUND$: 7. CITY COUNCIL-ACTION: Councilmembkr moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H 374 O King County Division of Roads and Engineering Department of Public Works 956 King County Administration Bldg. 500 Fourth Avenue July ll, 1990 Seattle,Washington 98104 Mr. Marty Nizlek Cif' Qe f . Transportation Engineer �g90 City of Kent ,►►�►. 1 Department of Public Works 220 Fourth Avenue South EGt: rE 1t�G �iL4's. Kent, WA 98032-5895 RE: Request for a Revision to the Arterial Classificuburnati n System of Roadways in Federal Way, , King Count Dear Mr. Nizlek: The King County Department of Public Works is proposing the following revisions to the "Statewide/federal functional classification system" of federal-aid arterials. The specific arterial is located in Federal Way, Kent, Auburn and in unincorporated King County. The concurrence of your jurisdictions with this revision is required. Proposed revision: 1. (In Federal Way, Kent, Auburn and unincorporated King County) * Reclassify South 272nd Street/south 277treet (State Route 99 to East Valley Highway) from an urban minor to an urban principal arterial; and 2 . (In unincorporated King County) * Classify Proposed south 2774,-h Street Extension (East Valley Highway to State Route 18) as follows: A. As a proposed urban principal arterial, from East Valley Highway to 132nd Avenue Southeast; and B. As a proposed rural minor collector, from 132nd Avenue Southeast to State Route 18. (Note: The current federal-aid urban area boundary is at 132nd Avenue Southeast. Should that boundary be moved in the future, which is likely, to some point east of State Route 18 , the rural classification of South 277th will be Mr. Marty Nizlek July 11, 1990 Page Two automatically upgraded to the same classifi- cation that exists for the segment from East Valley Highway to 132nd Avenue Southeast. The arterial is currently classified on the federal-aid arterial system as an urban minor arterial from State Route 99 to East Valley Highway and is unclassified for the remainder. As you may be aware, the King County Council has recently changed its classification for the arterial to make it an urban principal arterial for the entire distance between State Route 99 and State Route 18 . An enclosure explains this reclassification request in more detail . Concurrence from Federal Way, Kent, and Auburn on the classification listed above is required under Puget Sound Council of Governments (PSCOG) and Washington State Department of Transportation (WSDOT) procedures in order for King County's classification request to be considered as a revision to the federal-aid arterial system. Your agency's response to this letter will be included in the submittal of King County's request to PSCOG and WSDOT for approval by those agencies. If you have any questions or require additional information on this reclassification request, please contact Senior Engineer Johnnie Walker at 296-6596. Sincerely, t 110 Bui Haff, P.E. County Road Engineer LJH:BB: fq Enclosures cc: Bill Hoffman, Manager, Transportation Planning Section ATTN: David Mark, Transportation Planner John Logan, Traffic Engineer ATTN: Johnnie Walker, Programming Engineer Rex H Knight, Manager, Engineering Services section ATTN: Ben Brantley, Senior Engineer Pete Ringen, Senior Engineer, Consultant Liaison FEDERAL FUNCTIONAL al'R all/ DepsounamCLASSIFICATION REQUESTS IM form has been developed for use in all future requests for Federal Functional classification changes. One form should be completed and submitted for each requested classification,change. Upon completion of the requested.forms, they should be submitted to the District State Aid Engineer with a transmittal letter signed by the Mayor,Chairman of the Board or other responsible official of the agency. COUNTY or CITY NO. 1.COUNTY or CITY NAME (refer to Local Agency Guidelines) King County 17 2. LOCAL AGENCY CONTACT PERSON TELEPHONE NO. Louis J . Haff, P. E. , County Road Engineer 2 6-6590 ROUTE NO. 3. LOCAL NAME OF ROUTE (if State Route use SR No.) S . 272nd St . /S . 272nd Way/S . 277th St . 1160 4. TERMINI OF ROUTE (milepost or other identification) ($3rd ave . S . ) 4 . 0 FROM SR 99 TO East Valley Hwy. S . LENGTH:Miles 5. TYPE OF AREA (mark appropriatespacel: ICJ URBAN ❑ RURAL 6. EXISTING FUNCTIONAL CLASSIFICATION I PROPOSED FEDERAL FUNCTIONAL CLASSIFICATION ' (major collector,minor collector,principal arterial,minor arterial collector,local system! Urban Minor Urban Principal .•�, SPACING (distance to parallel Federal functionally classified route) Mi 1 5 B. DOES ROUTE EXTEND INTO ANOTHER JURISDICTION? 11 YES []NO Federal Way, Kent, Auburn (if yes•concurrence from the other affected agency is required.unless the functional classification can iogically be changed between agencies.) 9. EXISTING ROAD CHARACTERISTICS Roadway Width (incl.shoulders) 44 n• Surfacing Type (mark appropriate specel ❑ Gravel ❑ ACP ❑ BST ❑ Earth ❑ Other 10. TRAFFIC GENERATORS (whet generator does route serve?) 3000 6000 SHIPPING POINTS:Annual Tons 4, 000, 000 INDUSTRIAL: Employees VPD — AIRPORTS: Annual Flights RECREATIONAL: Annual Visitors (parks,ski resorts,lakes,beaches,arc.) MILITARY INSTALLATIONS: Type AGRICULTURE AREAS: SHOPPING CENTER: No.Stores __Z 5 or more COLLEGE OR UNIVERSITY: Enrollment OTHER:Type — VPD - GOV. INSTITUTION: VPD — 11. Are there zoning ordinances which can restrict growth or encourage growth of any of the above generators? Please indicate below. No growth restrictions ; high rate of forecasted population growth- is expected . DOT FORM /aa-OaaA Ovan 1/ae 12. TRAFFIC tat significant volume change locations) My. SR 9 9 EXISTING TRAFFIC 21 565 VPD MP SR 181 EXISTING TRAFFIC 14247 VPD Percent through traffic 75 Percent through traffic 75 Future Traffic[is years) 30450 VPD Future traffic (15 years) 20000 VPD 13. Written description of route (genera/characteristics including alignment,speed limit and how it relates to the surrounding area in terms of importance.) Existing alignment has four lanes , provides major east-west connections . 14. A brief description why the proposed change is requested and justification for the change. King County Council upgraded calssification to principal per Ordinance #9153 on September 25, 1989 . King County classification change reflects increased demand on facility; Federal conciirrance with classification change is appropriate . 15. Additional remarks to more fully explain the situation. 16. Attach a vicinity map showing the proposed changes,and existing Federal Functional Classifications. FEDERAL FUNCTIONAL -" CLASSIFICATION REQUESTS This form has been developed for use in all future requests for Federal Functional classification changes. One form should be completed and submitted for each requested classification change. Upon completion of the requested.forms, they should be submitted to the District State Aid Engineer with a transmittal letter signed by the Mayor,Chairman of the Board or other responsible official of the agency. 1.COUNTY or CITY NAME COUNTY or CITY NO. (refer to Local Agency Guidelines/ King County 17 2. LOCAL AGENCY CONTACT PERSON TELEPHONE NO. Louis J . Haff, P. E. , County Road Engineer 296-6590 3. LOCAL NAME OF ROUTE ROUTE NO. (if State Route use SR Nod S. 277th St . /S. 277th St . Extension 1160 (proposed) 4. TERMINI OF ROUTE (milepostorot ridentification) �a rd Ave . S . ) FROM East Valley Hwv. TO SR 18 LENGTH:Miles . 5 5. TYPE OF AREA (mark appropriate space): ® URBAN ® RURAL East of 132nd Ave . SE to SR 18 6. EXISTING FUNCTIONAL CLASSIFICATION I PROPOSED FEDERAL FUNCTIONAL CLASSIFICATION (maior ,collector,minor collector,principal arterial,minor arterial collector,local system) Proposed Not classified urban principal, rural minor collector ``'SPACING (distance to parallel federal functionally classified route) Mi 1 . 0 B. DOES ROUTE EXTEND INTO ANOTHER JURISDICTION? ❑ YES ❑NO (If yes•concurrence from the other effected agency is required.unless the functional classification can logically be changed between agencies.) 9. EXISTING ROAD CHARACTERISTICS Roadway Width (incl.shoulders) Not a.pplic4le Surfacing Type (mark approprietespace) ❑ Gravel ❑ ACP ❑ BST ❑ Earth ❑ Other 10, TRAFFIC GENERATORS (what generator does route serve?) INDUSTRIAL: Employees 3000 VPD 6000 SHIPPING POINTS:Annual Tons 4 , 000 , 000 AIRPORTS: Annual Flights RECREATIONAL: Annual Visitors — (parks,ski resorts,lakes,beaches,etc.) MILITARY INSTALLATIONS: Type AGRICULTURE AREAS: SHOPPING CENTER: No.Stores 75 or more COLLEGE OR UNIVERSITY: Enrollment — OTHER: Type — VPD — GOV. INSTITUTION: VPD — 11. Are there zoning ordinances which can restrict growth or encourage growth of any of the above generators? Please indicate below. No growth restriction; high rate of forecasted population growth I expected . DOT FORM 140469A oV[R 11a4 12. TRAFFIC (at significant.volume change locations) Est . st . M.P. SR 181 EXISTING TRAFFIC 16000 VPD Mp SR 18 EXISTING TRAFFIC 12000 VPD Percent through traffic 75 Percent through traffic 75 Future Traffic (is years) 22600 VPD Future traffic (15 years) 17000 VPD 13. Written description of route (general characteristics including alignment,speed limit and how it relates to the surrounding area in terms of importance.) New arterial likely to be constructed in the near to mid-term future . The proposed arterial will provide an east-west connection _between SR 18 and to points west to SR 99 . Proposed arterial is expected to have four lanes, to be consistence with proposed widening of SR 18 to four lanes . 14. A brief description why the proposed change is requested and justification for the change. King County Council established a classification for this-proposed arterial as urban principal in Ordinance #,9153 on September 25, 1989 • This County classification reflects the expected travel demand in this area . Federal concurrance with classification request is appropriate . 15. Additional remarks to more fully explain the situation. u 16. Attach a vicinity map showing the proposed changes,and existing Federal Functional Classifications. DOT •owra taoosa■ s/aa Aw L4M. Ir T-4 It A.ve Nv•+. S A \r 11 �11'11MVVK —r7.7 t4 'A' Atw .'Y. �� -,n+a.� .:-. "1T. x: '�. �' '^" _ tT. .-.... q'�f.2�^x't t..-'s. �_ .,. ...-- sr�e^ - �p uv fr 124 "E NP, ;wr- 132 JAI; Ub rl H48 zq, Av� r 80 Kent City Council Meeting Date October 2 . 1990 Category Consent Calendar 1. SUBJECT: WESTBROOK COMMERCE CENTER TIME EXTENSION 2. SUMMARY STATEMENT: 'As recommended by staff Approval of a one-year time extension a est�ro-ok—Commerce Center Preliminary Plat. F 3. EXHIBITS: Memo, letter by KPFF Consulting Engineers dated July 25, 1990 and a map 4 . RECOMMENDED BY: Planning Department (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO,�_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I 3� arrofItnQ KENT PLANNING DEPARTMENT September 27, 1990 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: REQUEST FOR EXTENSION OF WESTBROOK COMMERCE CENTER PRELIMINARY PLAT (SU-86-2) As noted in the letter from Mark W. Stiefel, progress is being made to accomplish the conditions which were part of the approval of the Preliminary Plat. However, more time is needed to finish work on the remaining conditions. Staff recommends an extension for one year; the extension is to expire on October 6, 1991. y JPH:mp ' kpff JA2600 consulting engineers DEPARTMENT July 25, 1990 FKENT Mr. James Harris Planning Director City of Kent 220 Fourth Avenue S. Kent, WA 98032-5895 Subject: Westbrook Commerce Center SU-86-2 Preliminary Plat Request for Time Extension Dear Mr. Harris: On behalf of Glacier Park Company, we are requesting that the City of Kent grant.a one-year time extension for completing the final plat requirements. We understand that the existing approved preliminary plat will expire in October 1990, unless an extension is approved. Because a one-time'extension has already been granted, the next extension must be considered by the City Council. A. Significant progress has been made by Glacier Park Company toward completing the final plat requirements. This includes: 1 . Received permission from the City of Kent to revise the preliminary plat to respond to changing environmental policies and market conditions. 2. Received approval to modify certain conditions of SEPA compliance to reflect the revised preliminary plat. 3. Prepared a Preliminary Final Mitigation Plan for wetland fill permit process. 4. Obtained Section 401 Water QualitJ Certification from Department of Ecology. 5. Obtained Hydraulic Project Approval concurrence for work adjacent to Springbrook Creek. 6. Completed Practicable Alternatives Analysis for proposed wetland fill and mitigation program which is in the final review phase by the Seattle District Corps of Engineers Regulatory Branch. Their decision document is expected to be released in the next 60 days for resource agency review. The final decision should be reached 30 days thereafter. 7. Site boundary and topographic surveys have been completed for use in final design and plat preparation. 1201 third avenue,suite 900,seattle,wa 98101 (206)622-5822 fax: 622-8130 Mr. James Harris July 29, 1990 Page 2 8. A traffic study has been completed to determine project impacts and roadway lane configurations. B. The following activities are yet to be completed. Glacier Park Company is waiting for the Corps of Engineers, Section 404(b)1 authorization 'prior to finalizing the engineering and final plat documents for City approval. 1 . Final engineering of improvements within the road right-of-way. 2. Final engineering and design of mitigation areas. 3. Final plat surveying including calculations; map and certifications. 4. Bonding of improvements prior to recording the plat. 5. Construction of mitigation, plat improvements and general site fill operations. Our current schedule allows for completing final engineering and surveying in late 1990 or early 1991. City review and approvals are expected in spring 1991, which would allow for start of construction in spring or summer 1991. -~ In summary, because of the regulatory process imposed on projects impacted by wetlands, the time needed to complete the final plat activities has expanded. It is appropriate for the City Council to authorize a time extension to allow Glacier Park Company to complete their development of the Westbrook Commerce Center to provide high-quality industrial facilities to meet the needs of the marketplace. Please confirm the process and schedule for responding to this request. Should you have questions, please call. Sincerely, 1 Mark W. Stiefel, P. . Project Manager MWS:cjs cc: Scott William, Kent Planning Don Wickstrom, Kent Public Works Bill Pontius, Glacier Park Company Don Marcy, Foster Pepper Shefelman 89713.2 ` Z'ON NOISIAIo t'QN 101alS1a 1L I VdFJ Mal if - - 0. LU MOCL co II 3SlHd i .�^✓ - __ d, I a • �I n _ 1 IN _ 81 O `s (l N 0 t ■ 3p: lja 0 O1 C�� •I I x_ Z p ovvcs sa t� �� CL I I nZ 9 'PIn �I c m _. QI r• e L Fi i w w03 ,rsa w ,ors -- .crt 947 ¢ i • �' i•O iowiSIa iviHisnGNI O'ddaON �a �— tJi YY I�= '4 3�=lJ=�ILL [f� i �. • / 1` • a. i p!! � ; ifi }�{�t ,7Pit ,�� lT � �1 it I'• 1•., �4,� '✓IA Et2� �Yi f !!L Lii ��t i�jt��1 )S , JI 'I F • t�( ,:ell: t 1 4� d •I t g = 1F i �_�r fifia L77 J rJ fl f 3SI:S tail I,:it 'iSM 31iSOI.C� 01 nYlYJnO M33Y�f • Kent City Council Meeting Date October 2 , 1990 Category Consent Calendar 1. SUBJECT: MINSHULL-WAGNER REZONEt6P^ AN0M- i 2 . SUMMARY STATEMENT: Adoption of Ordinance approving this rezone in accordance with Council action on September 18 and August 21. 3. EXHIBITS: Ordinance 4 . RECOMMENDED BY: Council (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL, IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J I i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to and amending the Official Zoning Map of the City of Kent, Ordinance 1827, to rezone approximately 18 . 5 acres of property located at 20227 and 20129-92nd Avenue South from RA to R1-12 zoning, subject to mitigating conditions. (Application of Minshull/Wagner #RZ-90-5. ) WHEREAS, an application (#RZ-90-5) was filed with the City to rezone certain property located at 20227 and 20129 - 92nd Avenue South from Residential Agricultural (RA) to Single Family - I Residential with 7, 200 square foot minimum lot size (R1-7 . 2) , pursuant to the provisions of the Kent Zoning Ordinance (1827) ; and WHEREAS, the Hearing Examiner having held a hearing on said matter and having recommended denial of the applicant's request for R1-7 .2 zoning; and WHEREAS, the Kent City Council held a hearing on the proposed rezone and a hearing on the appeal of the Hearing Examiner's decision on the rezone appeal and voted to deny the jappeal and to modify the Examiner's recommendation and to adopt Single Family Residential with 12 , 000 square foot lot size (R1-12) zoning for the property, subject to certain mitigating conditions ) to ameliorate the adverse impact of uses and developments not otherwise permitted in an R1-12 zone; NOW, THEREFORE, I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: I i i Section 1. That, subject to Section 3 below, the Official Zoning Map of the City of Kent as adopted by Ordinance 1827 is further amended to rezone from Residential Agricultural (RA) to Single Family Residential with 12 ,000 square foot minimum (R1-12) , subject to mitigating conditions set forth below, on the following property: Parcel #1 S 1/2 of NE 1/4 of SW 1/4 lying easterly of Primary State Highway #5 Less S 130 feet of N 160 feet of E 170 feet less S 125 feet of E 230 feet less County Road; Parcel #2 NE 1/4 of NE 1/4 of SW 1/4 of Section 61 Twn 22 N, Range 5 E, W.M. , in King County, WA, lying E of the E line of Primary State Highway #5, EXCEPT the E 30 feet thereof conveyed to King County for road; All as recorded in the records of the King County Auditor, King County, Washington. Section 2 . That as a condition to the R1-12 Zone, the following development conditions are imposed on any development permit approved for the Property, and will complete said conditions prior to approval of a final rezone plat in conjunctio with any such development: 1. The Owners shall reconstruct the west half of 92nd Avenue South (minimum 18-feet of asphalt pavement) including the installation of curb and gutter, sidewalk, street lights, storm drainage, underground utilities and related appurtenances for the entire property frontage. On the east side of 92nd Avenue South a 12-foot wide asphalt paved half-street improvement shall be constructed. 2 - 2. The owners shall widen and improve 92nd Avenue Sout to a width of 24-feet with a minimum five-foot paved shoulder on the west side of the street from the southerly property line to the intersection of 92nd Avenue South/South 208th Street. 3 . The Owners shall install a minimum five-foot wide paved shoulder on the northside of South 200th Street from 92nd Avenue South to 96th Avenue, where an existing paved shoulder exists. 4 . The Owners shall secure necessary permits and approvals from King County for all road improvements. 5. If any road grades on the subject property exceed 12 percent, the Owners agree to install sprinkling systems on any single family residences constructed on the site. Section 3 . This rezone is conditioned upon the owners o8 the above described property executing an agreement setting forth and agreeing to the above noted mitigating conditions, which agreement shall be recorded in the records of the King County Auditor and filed with the City Clerk. The conditions contained therein shall be deemed to attach to and run with the Property and shall be binding upon the Owners, their heirs, successors and assigns, and shall apply to after-acquired title of the Owners of the Property. Section 4 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its fina approval and passage as provided by law. DAN KELLEHER, MAYOR - 3 - ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED the day of , 1990. APPROVED the day of , 1990. PUBLISHED the day of , 1990. I hereby certify that this is a true copy of Ordinance' No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEN, CITY CLERK I 8950-320 4 - I Kent City Council Meeting Date October 2 . 1990 (VN Category Other Business v1 1. SUBJECT: GROUP HOMES - PLANNING COMMISSION RECOMMENDATIONS 2. SUMMARY STATEMENT: This public meeting will consider recommendations made by the Planning Commission to the City Council concerning zoning code changes for group homes. The Planning Commission made their recommendations after considering the Group Homes Committee's final report. 3 . EXHIBITS: Memo, summary of Planning Commission's final actions called Exhibit A, Group Homes Final Report and Planning Commission minutes dated June 25, 1990 and August 27, 1990 4 . RECOMMENDED BY: Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to accept/modify/reject the Planning Commission's recommenda- tions on proposed zoning changes for group homes. DISCUSSION• ACTION• Council Agenda Item No. 4A arr of TA=d M E M O R A N D U M KENT PLANNING DEPARTMENT September 26, 1990 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: Kent Planning Commission recommendations on proposed zoning changes for Group Homes. On June 25 and August 27, 1990, the Planning Commission voted to recommend certain zoning amendments to the City Council pertaining to the regulation of group homes. Attached as Exhibit "A" are the details of those recommendations, including: o Recommendations to add definitions in the zoning code for family and Class I, II, and III group homes, including a siting matrix and dispersion/separation requirements. o A proposed licensing and monitoring program and conditional use permit criteria for Class II and III group homes, and, o background information on the proposed licensing, monitoring and condition use permit criteria. It is important to acknowledge the diversity of group homes living situations possible in any City. The action items contained in the Planning Commission's recommendation respond openly to this issue. Both the Group Homes Committee and the Planning Commission deserve recognition of successfully tackling this difficult task. JPH:mp EXHIBIT "A" DETAILS OF PLANNING COMMISSION RECOMMENDATION ON GROUP HOMES RECOMMENDED BY THE PLANNING COMMISSION JUNE 25 AND AUGUST 271 1990. Following are the details of the actions taken by the Kent Planning Commission with regard to the recommendations of the Mayor's Advisory Committee on Group Homes. To assist you with your deliberations at the October 2 hearing on the Group Home recommendations, you are being provided with the following information: A. Actions taken by the Planning Commission on the Group Homes Report related to zoning changes (definition for family, and Class I, II and III Group Homes, includes a siting matrix and dispersion/separation requirements) . B. Action taken on (monitoring, licensing and conditional use permit criteria for Class II and III Group Homes) . C. Background information on B. (monitoring, licensing and conditional use permit criteria) . A. PLANNING COMMISSION RECOMMENDATIONS ZONING CHANGES: 1. Amend the Current Definition of Family as it appears in the Zoning Code Th Definition of Family ould be amended as follows: (Pro -te fisting text are shown in bold- faced type and are underlined. Proposed deletions are shown with a line running through them. ) A-persen 11-ving aleme __ twe er mere pers ._.. _stem.,__,y r r elub, One or more individuals related by blood or legal familial relationship or a group of not more than six (6) persons who need not be related by blood or a legal familial relationship, living together in a dwelling unit as a single, nonprofit housekeeping unit: excluding Class II and III Group Homes (as defined in this code) . Note: Certain living situations may appear to be Group Homes Class 1-A, but are actually Families for purposes of zoning. Proposed Zoning changes for Group Homes September 26, 1990 Page 3 2. Amend the Rent Zoning Code to add the following definition of Class I, Class II and Class III Group Homes: Class I Group Home �e Class includes groups such as state- licensed foster homes and group homes for children (not including nursing homes) , developmentally disabled, physically disabled, mentally disabled, and other groups that are not considered Class II group homes. a. ) Group Home, Class 1-A - a maximum of 10 residents including resident staff. b. ) Group Home, Class 1-B - a maximum of 14 residents including resident staff. c. ) Group Home, Class 1-C - the number of residents will be based on the density of the underlying zoning district. Class II Group Homes: " Group Homes, Class II includes groups that are under the �� jurisdiction of the criminal justice system or individuals that are undergoing intensive drug and/or alcohol addiction rehabilitation. Such groups include " s-ate-license--group-care licensed homes or half-way houses for juveniles providing residence in lieu of institutional sentencing. or incarceration;—half--way-- IJ� --houses providing residence to those needing correction, and residential rehabilitation centers (voluntary or r p9� required) for recovering alcohol and drug abusers. a) . Group Home, Class II-A - a maximum of 8 residents including resident staff. b) . Group Home, Class II-B - a maximum of 12 residents including resident staff. c) . Group Home, Class II-C - a maximum of 18 residents including resident staff. Class III Group Homes: Group Homes, Class III includes individuals that have tlw'' been convicted of violent crime against a person, been yW convicted of a crime against property with a sexual pn motivation, been convicted or charged as a sexual or 9 e assaultive violent predator. These individuals are still under the jurisdiction of the criminal justice system or 4 Proposed zoning changes for Group Homes September 26, 1990 Page 4 have entered a pre-or post-charging diversion program. Such groups involve individuals that are selected to participate in state operated Work/Training Release and Pre-Release Programs or similar programs. Class II and Class III group homes will be subject to the separation and dispersion, requirements and criteria - established for the conditional use permit-requirements. 3 Amend the Zoning Code to add the Group Homes Siting Matrix. (Approved with modification) (� The Group Homes Siting Matrix is intended to indicate v clearly where the group homes classes defined above may locate in regard to existing zoning districts. The matrix also indicates whether the group home will be permitted outright or will require a conditional use permit. The Siting Matrix was modified by the Planning Commission so that all Class II group homes would be subject to _ obtaining a conditional use permit and so that Class I-C group homes would be conditional in the MRG zoning i district. �p 4 Amend the Zoning Code to Establish Separation and V Dispersion Requirements. Dispersion Requirements A 600 foot dispersion requirement will apply to all Class II and Class III group homes. This distance will be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. Separation Requirements A 1, 000 foot separation requirement will apply to Class II and Class III group homes to separate such facilities from sensitive land uses such as public or private schools, churches or other religious facilities or institutions, parks and playgrounds, and other such uses that are deemed to be sensitive. This distance would be measured by the same method as that for the dispersion requirements described above. y p y A A A A A A A A O S T i o n m m N S 1 n n C T T r T N N N N N N Ate` y T A n W } y A n m S y y m A m A z mo m It I I 4 C p A s m W Q r ti n n D C A m n n v v �y.N fY n 9 9 T A m n n v v N 0 m z y n n v v j r n n n n n n v v v v x r } n n n A C n n n n n v v v < v a � vmi m o p m z � r A N C r- N x N n v a O n v 4 G p N r pnp tD n n v o v n n g tp n v n n n inn O A n p• p n n n n n n n n � k � o Nn v n n n n n n n n r n o . o N N N -� O rt O VIP 3JVd p .. Proposed Zoning changes for Group Homes September 26, 1990 Page 5 B) PLANNING COMMISSION RECOMMENDATIONS ON CLASS II AND III GROUP ONES LICENSING AND MONITORING SYSTEMS AND CONDITIONAL USE RMIT CRITERIA 1) . Amend the Zoning Code to provide for annual monitoring and licensing requirements for Class II and Class III Group Homes. The suggested modification is indicated below in bold and underlined typeface (reference page 12 of the Group Homes Report) . Class II and Class III group homes will be subject to the separation and dispersion requirements, City of Rent annual monitoring, and any criteria established for the conditional use permit requirements. Class II and Class III group homes will also be required to obtain a license to operate from the appropriate licensing agency or agencies, including the City of Rent. -. (The administrative guidelines developed by Planning Department--staff for the licensing and monitoring programs along with information on enforcement mechanisms -- are included in Section C. Background Information. ) c� )2) Amend the Rent Zoning Code to add the following three conditional use permit criteria to be applied to Class II and Class III group homes only: - Applicant must provide copies of the appropriate licensing criteria and rules they will operate under for City review. The proposed Class II or III group home must meet the City's separation and dispersion requirements. The operating characteristics of the proposed Class II or III group home must be such as to ensure a means for ongoing communication with the City. This includes identification of appropriate contacts for establishing 24-hour contact availability. Proposed Zoning changes for Group Homes September 26, 1990 Page 6 C) . BACKGROUND INFORMATION PRESENTED TO THE PLANNING COMMISSION ON THE PROPOSED LICENSING,, NONITORINGO, CONDITIONAL USE PERMIT CRXTERIA AND CITY CODE ENFORCEMENT POLICY. (For information only - Wo,". ction by the City Council is required. ) ,,.._.LICENSING: T ose of the licensing program is to aid the City in implementing the separation and dispersion requirements which apply to Class II and III group homes. The licensing procedure will be similar to that used in the City' s business licensing program. The Class II or III Group Home will apply for a license as part of the permit approval process. The license will be renewed annually so as to update the City on any change in contact persons, number of persons in the home, etc. The following information will be required on the license application: - King County Property Parcel # (s) - WA State Tax ID # - Date the group home will begin operating - Population served (ex: Alcohol rehabilitation, juvenile home. . . ) - Total number of employees - Total number of resident clients - Name of the group home (if applicable) - Address of group home location - Group home phone number - Name of contact person on site - Name of sponsoring agency - Address of sponsoring agency - Sponsoring agency phone number - Name of contact person at sponsoring agency - Licensing agency(ies) under which the group home is operating (agency, address, contact person, phone #) - License # (s) - Two emergency contact names and phone numbers Proposed Zoning changes for Group Homes September 26, 1990 Page 7 - Any change in the above information requires immediate notification to the Kent Planning Department. Failure to do so is a violation of the licensing requirement and may result in revocation of license and/or conditional use permit. Proposed Zoning changes for Group Homes September 26, 1990 Page 8 ONITORING: Manitarfng will be an ongoing process with a staff site visit occurring once a year. The staff role in the monitoring program is to act as a liaison between the citizens of Kent and the Group Home operator and residents. Annual Site Visit The following are the specific items that the City Staff person will review with the Group Home contact person during an annual site visit: Check that the Group Home is still operating under a valid license. Check the number of residents and staff to ensure that this number is within the parameters established for the conditional use permit issuance. Review criteria for resident client selection to ensure there is no change in the type of residents being admitted into the home. For a Class II group home, ensure that the clients are Class II and that no Class III individuals are residing in the home. - Request an updated list of the Board of Directors of the agency sponsoring the group home. - Request an updated list of contact persons (on-site, sponsoring agency and appropriate licensing agencies) . - Review appropriate licensing agencies reports of compliance with licensing contract standards. - Review complaint record. (If there have been legitimate complaints, they should have been satisfactorily resolved. ) The monitoring session should validate that the home is operating as indicated on the current conditional use permit, has passed the monitoring of the appropriate licensing agencies and maintains a current license(s) to operate. Proposed Zoning changes for Group Homes September 26, 1990 Page 9 CITY POLICY REGARDING COMPLAINTS: The staff person assigned to the monitoring of Class II and III group homes will also serve as the contact person to whom nonemergency complaints the City may receive regarding a Class II or III group home should be directed. When the staff contact receives a complaint regarding a Class II or III group home the procedure will be as follows: - Notify the Police Department if the complaint regards a police matter. - Notify the appropriate code enforcement division if the complaint is a code enforcement matter. - In all cases, notify the designated contact person at the group home. - If necessary, notify the appropriate licensing agencies. - Log the complaint, date, name and phone number of person _. making the complaint for departmental records. - Follow up on the complaint to determine whether the complaint was legitimate and if so, what was done to resolve it. To insure that the Planning Department contact is notified of complaints made to the Police Department: The Police Department will be provided with a copy of the license for each Class II and III group home in the City. The Police Department will be instructed to notify the Planning Department staff contact of any complaint or other incident which occurs at any Class II or III group home to the extent permissible under privacy laws. Proposed Zoning changes for Group Homes _. September 26, 1990 Page 10 CITY POLICY REGARDING CODE ENFORCEMENT: The following outlines the procedure for enforcing zoning code violations or violations of conditions established by a conditional use permit. Only violations of a zoning permit, or any law or ordinance in connection therewith, may be enforced by the Planning Department. This may include; parking, signage, landscaping maintenance violations or violations of any condition placed upon a land use by a conditional use permit. Section 15. 09. 100 of the Kent Zoning Code outlines a procedure for enforcing zoning code violations. Zoning Code violations are considered a misdemeanor and are subject to the fine of up to $100 for each day the violation continues and/or imprisonment of the person or persons who participate, assist, or maintain such a violation. Section 15. 09. 080 of the Kent Zoning Code allows for the revocation of permits if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith. If a Class II or Class III group home were to violate one of the conditions established in a conditional use permit, (for example: more people residing in the home than specified in the conditional use permit) , the permit would be subject to revocation. To determine whether a permit should be revoked, a hearing in front of the Hearing Examiner would be held. Each party would present its case and the Hearing Examiner would decide whether revocation was justified, or whether other mitigating actions were appropriate. It is important to clarify that violations of criminal law and violations of state laws governing the licensing of the operation of a Class II or III group home are not subject to City Planning Department enforcement. Any incident regarding a criminal action or operational problem would be investigated and acted upon by the appropriate enforcement agency. To the extent that a violation of criminal law or laws governing the operation of a Class II or III group home is tied to a zoning permit, such violation may result in Planning Department action. For example, Class II and III group homes are required to be licensed by the appropriate agency(ies) . If they were to lose their license, yet continue to operate in the City, the Planning Department could take action by initiating revocation of their conditional use permit and/or by citing the use for violations of their permit. Proposed Zoning changes for Group Homes September 26, 1990 Page 11 CONDITIONAL USE PERMIT CRITERIA: The following are the current general conditional use permit criteria which the City of Kent utilizes to determined whether a proposed land use may be issued a conditional use permit. 1. The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district. 2 . The size of the site is adequate for the proposed use. 3 . The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity. 4. The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity. 5. ' Adequate buffering devices such as fencing, landscaping, or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects. 6. The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively. 7. The proposed use complies with the performance standards, parking requirements and other applicable provisions of this code. 8. Any other similar considerations that may be appropriate to a particular case. The following are additional criteria which will be utilized in determining whether or not a proposed Class II or Class III group home is to be granted a conditional use permit. (As detailed in Section B. of this report) : Applicant must provide copies of the appropriate licensing criteria and rules they will operate under for City review. The proposed Class II or III group home must meet the City's separation and dispersion requirements. Proposed Zoning changes for Group Homes September 26, 1990 Page 12 The operating characteristics of the proposed Class II or III group home must be such as to ensure a means for ongoing communication with the City. This includes identification of appropriate contacts for establishing 24-hour contact availability. i KENT PLANNING COMMISSION MINUTES June 25, 1990 The meeting of the Kent Planning Commission was called to order by Chair Martinez at 7: 30 p.m. June 25, 1990 in the Kent City Hall, City Council Chambers. PLANNING COMMISSION MEMBERS PRESENT: Linda Martinez, Chair Tracy Faust, Vice Chair Anne Biteman Frank Chopp Elmira .Forner Willie Gregory Coleen Miller PLANNING COMMISSION MEMBERS ABSENT: Elmira Forner, excused Greg Greenstreet, absent PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Lauri Anderson, Senior Planner Janet Shull, Planner Lois Ricketts, Recording Secretary KENT CITY STAFF: Carolyn Lake, Assistant City Attorney APPROVAL OF MAY 21, 1990 PLANNING COMMISSION MINUTES Commissioner Faust MOVED that the minutes of the May 21, 1990 meeting be approved as presented. Commissioner Gregory SECONDED the motion. Motion carried. GROUP HOMES - ZCA 90-2 Verbatim Minutes Chair Martinez: This evening we have a continuation of our hearing on Group Homes. As you are all aware, last month we heard from a number of people who had concerns and questions that had been presented to us. We have actually three. . .two. . .three large things to consider. We have one to amend the current Kent Zoning Code to implement four different things: the definition of family, the -.- definition of Class I, II and III Group Homes, the Group Homes Siting Matrix, and the Separation and Dispersion Requirements for Kent Planning Commission Minutes June 25, 1990 Class II and III homes. And then we have three further actions that will help implement and clarify what would be the result of action 1. And the first is to establish conditional use permit criteria for group homes. We can recommend to the City Council that those conditional use permit criteria be studied and some recommendations for specific application to group homes, and we can also recommend to establish that a licensing and monitoring system be put in place which would include some staffing perhaps from the Planning Department. So those are the three activities we have to deal with this evening. Most people I think that we will be hearing from later will be talking about action item 1 simply because that is the root and guts of all that is happening. We will hear first from the Planning Department staff. I have asked them simply to give us a very brief overlook and catch us up on exactly what all of these things are, take us a little bit through what we are supposed to be doing, and then answer some of the specific questions that were raised at the last hearing. Then I will, for those of you. in the audience, I will reopen the hearing so that you will have another opportunity to speak to us. We are very interested in hearing what you have to say. And there is a sign-up board. I don't know exactly where that is. Please, if there are people who have not signed in, please do so. We really do need your input in this. And I will call on you when we reopen the public meeting. Then after the input from the public, we will close the public meeting and begin our discussions. Janet. Janet Shull: This is Janet Shull with the Kent Planning Department. And I will just get right into the recommendations. For those of you in the audience who may not have attended the last meeting, there are copies of the report up front here on the table, and there is a lot of background information in that report as well that I won't be going over tonight. So if you are interested in seeing kind of how these recommendations were formed by the committee, then I suggest you come and get a copy of the report because I won't be taking time to go over that this evening. The first recommended action item is to amend the current definition of family, so I am going to be putting some overheads up here that are slightly larger than last time. It was kind of hard to read these so, hopefully, a little better tonight. I ' ll just read to you what this says. This is the proposed definition of family which should replace the current of family in the zoning code, and it reads one or more individuals related by blood or legal, familial stat. . .relationship, or a group of not more than six persons who need not be related by blood or legal familial relationship living together in a dwelling unit as a single, nonprofit housekeeping unit. And it specifically would exclude Class II and II Group Homes as defined in this code. And I will be going over those definitions. And there is a notation here that says that certain 2 Kent Planning Commission Minutes June 25, 1990 living situations may appear to be Group Homes Class IA but are . actually families for the purpose of zoning. So when I read to you the definition of C1ass 'IA, you will see that some may seem to fall in the Class IA category, but they are really covered here under the definition of family. This is the proposed definition of Class I Group Homes and it is broken down into three classes, or three divisions within that class. . .A, B, and C, and the only difference between A, B and C are the size of the number of people in the residence. So the definition would read Group Homes Class I includes groups such as state licensed foster care homes and group homes for children, not including nursing homes. They are covered elsewhere in the zoning code, and there w4s no recommended change to that. Developmentally disabled, physically disabled, mentally disabled and other groups that are not considered Class II group homes. Basically the Class I Group Home. . .people who would reside in those homes are protected by the Federal Fair Housing Amendments Act. And so you will see when we get into this siting matrix that they are permitted in all residential zones. The only times when they may not be permitted in a particular residential zone, the reason that they may not be permitted is based on the size, or the number of people in the facility. . .not the type of people that are going to live in the facility. This is the proposed definition for Class 'II Group Homes. Again, with the proposal for A, B and C subclassifications and again the only difference here is the size of the facility. And so this definition would read Group Homes Class II includes groups that are under the jurisdiction of the criminal justice system or individuals that are undergoing intensive drug and/or alcohol addiction rehabilitation. Such groups include state licensed group care homes or half-way houses for juveniles providing residences in lieu of institutional sentencing or incarceration, half-way houses providing residence to those needing correction and residential rehabilitation centers voluntary or required for recovering alcohol and drug abusers. And as I stated, the only differentiation between A, B and C is the size of the facility. And this group would include. . .these people would not necessarily be covered by the Federal Fair Housing Amendments Act, so you can see when we get into the siting matrix that there are quite a few more restrictions placed on Class II. And this is a proposed definition of Class III. And it would essentially read Group Homes Class III, includes individuals that have been convicted of violent crime against a person, been convicted of a crime against property with a sexual motivation, been convicted or charged as a sexual or assaultive violent predator. These individuals are still under the jurisdiction of the criminal justice system or have entered a pre or post charging diversion program. Such groups involve individuals that are selected to participate in state operated work training release and pre-release programs or similar programs. The note at the bottom 3 Kent Planning Commission Minutes June 25, 1990 just states that Class II and III homes will be subject to the separation and dispersion requirements and any criteria established for the conditional use permit requirements. And it is important to note the committee's intent. . .the Group Homes Committee's intent in creating this Class III designation. . .that initially they had looked at a two class system and at the same time were looking at the Governor' s Task Force on Community's Protection's results of that report, and in looking at those results felt that this class needed. . .that a new class or a third class needed to be designated that would be even more restrictive than Class II to deal with this potential group home situation. And this is the proposed siting matrix ,that would be used in conjunction with the different definitions of group homes so that you . so that to actually try to site a group home in Kent you would first try to determine what definition it fell under, and then you would look at the siting matrix and be able to determine whether or not it was permitted or a conditional use permit would come into play, or it just would not be permitted at all. And for those of you in the audience who .may have come in late, I know that Lauri did announce earlier that there is a large zoning map up here to the right with a large blown-up matrix underneath, so hopefully those of you are interested can come up and get a good sense of how this would really work. Would you like me to. . .I can go through this if you would like as I have before. Chair Martinez: Commissioners, would you like her to go through this. Commissioner Faust: This is what you went through last time. Janet Shull: Right Commissioner Faust: I don't feel a need for you to go through it. Voice: I don't either. Janet Shull: I would just like to go through separation and dispersion requirements once again. These would apply to Class II and III Group Homes only, not to Class I. There again, the reason they would not apply to Class I is that those group homes would have individuals residing in them who are protected by the Federal Fair Housing Amendments Act, which means we cannot regulate them based on the type of person. . .they are protected groups. The dispersion requirements do apply to Class II and III and the proposed way this would work is that a 600-foot dispersion requirement would apply to all Class II and III Group Homes. And this distance would be measured by following a straight line without regard to intervening buildings from the nearest point of 4 Kent Planning Commission Minutes June 25, 1990 the property or parcel upon which the proposed use is to be located to the nearest point of the parcel or property or the land use district boundary lines from which the proposed use is to be separated. What dispersion requirements basically do are to avoid the situation where you have two or more Class II or Class III Group Homes locating within 600 feet of each other. In other cities in the country they have found that the way their zoning codes are worded is that you will tend to have all your group homes locating in one section of town because that seems to be the place that is the least politically sensitive or for whatever reason, but that you sort of have a de facto institutional setting occurring where you have. . . it's not good for the residents who may already live in that neighborhood. It' s not good for those who live in the group home who are trying to transition to mainstream society life. So that the purpose of this would be to avoid any concentration within one geographic area of the city of a Class II or III Group Home. The separation requirements would also apply, and the proposed wording is l, 000 foot separation requirement will apply to Class II and III Group Homes. To separate such facilities from sensitive land uses, such as public or private schools, churches, or other religious facilities or institutions, and other such uses that are deemed to be sensitive. This distance would be measured by the same method as that for the dispersion requirements described above. One thing that came up at the last meeting was the issue of parks which was shown as an example of sensitive use but wasn't listed specifically here for some of you were not here last time. That was an issue that did come up. Just for your information, the rest of these recommendations are those that wouldn't be direct amendments to the zoning code but are really directed at staff for things that the committee thought we should do in conjunction with all these proposed zoning code changes. The first one is establishing conditional use criteria specifically for group homes. We currently have criteria in the zoning code the cover additional uses, but the committee felt that those needed to be looked at, and staff should determine whether anything more specific to group homes needs to be developed. So I don't know if I need to read this one. The next two kind of go in conjunction with each other. The first one is establishing a city licensing program to monitor the location and nature of Class II and III Group Homes. And this would work in conjunction with the separation and dispersion requirements that the committee recommended that in order to implement that you need some way of knowing where these group homes are. So this would be similar to our business license program where a record would be kept of the addresses and nature of the group homes that people could reference, and that staff would have a sense when a new permit came in. They could say, well, I'm sorry there is one located within 600 feet of you, so you' ll have to find another site. But it is 5 Kent Planning Commission Minutes June 25, 1990 important to point out that this licensing program would not take• the place of state licensing which most Class II or probably all Class II and III homes would fall under. So it is a different. . . it's more of a business licensing, not a licensing of the operation. We are not concerned through zoning with the operation of the group homes. Then in conjunction with that there is the recommendation that. . .there is the recommendation that the city assign a staff person with a social service background to do the monitoring of group homes in Kent. And again, this is not meant to take the place of state monitoring. We would not be so much concerned with the operation of group homes, but we would be concerned that there be a staff person that could act as a liaison between the operators of the group homes and the city that as well as knowing where the homes are, we may know who the director is and know exactly what the program is offering so that if there is a potential problem or anything that would come up in the future, a concern that staff would know who to call and that, hopefully, any potential problem could be resolved quickly. So, again, this is not meant to take the place of monitoring that the state would do of the operation of the group homes. That is really beyond the city's jurisdiction. And I really wanted to point that out because that was one of the questions I was asked to respond to at the last meeting. Commissioner Ward: Would this be in conjunction with the state monitoring or separate from. . . Janet Shull: As I understand the recommendation, this would be separate. Voice: Unclear. Janet Shull: Right. We would be interested in the operation of the group homes only in that it may potentially violate perhaps some of the conditional uses that may have been conditioned on the granting of a permit for a group home. Also, as I said if there were any concerns people had and they wanted to call the city, that someone would be aware of the nature of that group who may be the contact person, so then the city's role would be more to see that the proper person at the state level was contacted. But it would not be within our jurisdiction to make any correctional action. We could, maybe, make. . .as I understand it, we could call whoever the state. . . Chair Martinez: Unless they were violating the conditional. . . Janet Shull: Right, which is what we are concerned with is the zoing and the proper siting of facilities. 6 Kent Planning Commission Minutes June 25, 1990 Commissioner Ward: In other words this sounds like a continuing monitoring process of the operation. Janet Shull: Right. The intent of this was that this person would make periodic contacts so it would be sort of a checking up just to make sure that things were going. . .that we would keep in contact. It wouldn't be that we would meet them once, but that person would make annual rounds or something. . .staff personnel could change either at the city or at the facility. We would want to keep a constant. . . Commissioner Miller: Would the person if they discovered that they were continually running under staff, would they make a report to the state or some other source of violation. Janet Shull: I don't think the committee got into that level of detail. This is one of those recommendations that they are asking staff to act. . .take further action on. They felt it was kind of beyond their scope as trying to make policy level decisions to really find detail exactly how that would work, but they felt it was an important element to have. And that is why they are asking staff to look into that further and then we would come back to you, I imagine, with a proposal for how that system would work, but the details haven't been figured out at this point. I also wanted to respond to a question that came up regarding schools. For those of you who were not at the last meeting, staff was asked to look into the potential impacts on local schools and school programs that may result in group homes for children locating within a school district. So in an attempt to answer this question I contacted several sources. I spoke with representatives from the State Social and Health Services Juvenile Rehabilitation Division and the State Superintendent of Public Instruction and people from the Kent School District. I asked each one of these people whether there would be any impacts on the local school district resulting from the special needs that children residing in groups may have. No one I contacted could cite any evidence that children living in a group home or group living situation could be expected to require special services at a rate greater than in the average student population. Further, the people I spoke with shared the opinion that the overall number of students served in the distict as opposed to the small percentage who might reside in a group home would result in any impact contributed specifically to a group home living situation being inconsequential. So, in other words, no one could cite any specific cases where there were great impacts on a school because of a group home locating in a community and they felt that even if there were impacts that we could measure. . . if we could prove, for instance, that these children needed special care or special treatment somehow at a rate higher than a quote unquote 7 Kent Planning Commission Minutes June 25, 1990. a normal student coming out perhaps out of a quote unquote normal family situation. That, for example, the Kent School District has over 20, 000 children in it, and they felt that any potential number coming from group homes spread over the money that the school district gets. They get money from the state on a per-student basis, and they augment that, of course, with the levies that they hold every year for new facilities or better programs, or whatever. They felt that the number of children divided into that 20, 000 total, that it would be really hard to put a measurement on that impact. Chair Martinez: Let's say there were 18 children in a group home and they all went to the same school. Did they respond at all to that? Eighteen difficult children in a school, even if the school has 500 children, is not insignificant. Did they have any data. . . Janet Shull: No one could cite any data or specific example. The closest thing to get to a real concern was one person I spoke with did suggest that if a group home for severely disabled children were to locate within the school district, say they were handicapped or needed to go to special education classes, they may impact, for example, double the size of a special education class in the district, that would be a potential impact. Chair Martinez: And that we would get additional state funding. Janet Shull: Children who are handicapped are funded at a different level through the state than your average student. So, theoretically anyway, from the state' s standpoint and from the local school district's standpoint, they are being funded at a higher level that would compensate for the need for a lower student-to-teacher ratio, for instance. The one woman I talked with in Kent said there are very strict limitations on the number of students per teacher in the special education program. So, for instance, if there were a number of new students coming in, they may have to hire a new teacher to teach them, but they would also be getting reimbursed from the state. Chair Martinez : What if those children were 18 drug-dependent youth? Are we on shakier ground? Janet Shull: It would depend on what kind of group home it is. There are group homes, for instance, for juvenile delinquents. When I talked to one person from the state they informed me that they are funded. . .they consider them in two different groups. There are group homes for juvenile delinquents where they are very large, institutional settings. They may or may not be attending public school. They may attend classes within the complex where 8 Kent Planning Commission Minutes June 25, 1990 they may also stay 24 hours, but in any case they are funded at a higher level by the state because of the special programs that they are in. There are, according to the state, some children smaller group home situations that would be treated as a normal. . .quote unquote normal student in the school district. So. I don't know that there would be any responses. . . Chair Martinez: There may be a whole range of responses as far as our educational. . . Janet Shull: Right. There are also some federal programs. Chair Martinez: Okay. Do you want. . . Janet Shull: Sure. Commissioner Chopp: I 'd like to know. . . is there are any of these problems in the Kent District at this present time that are being serviced by the city. Commissioner Faust: Oh sure. Janet Shull: There may be. Tracy is indicating that there are. I was not made aware of any, but I didn't ask specifically about current programs. The specific question I asked was whether people knew of any impacts that we could consider when siting a group home. I got a lot of different responses. I really honestly tried to get someone to say something negative, I really did. One comment that I did get was the concern that perhaps a number of handicapped children may impact a special ed program. . .I just lost my train of thought. . .There was a point I wanted to make. Commissioner Chopp: Now are these children in one of these homes now in the City of Kent or not, or are they dispersed all over. Janet Shull: I don't know of any group homes currently. I know one did try to site recently and they had to go through the conditional use process, and it was determined that there too many juveniles proposed for the size of the home, and there were a lot of concerns, so the permit was denied. I don't know of any that currently exists in the City of Kent. How about you. Commissioner Faust: Can I just add something to what Janet has said. I worked in Special Education for 11 years before I went to Law School, and what is completely right about funding following the students who are classified as handicapped under our state and federal definition. So it doesn't matter whether six, eight or twelve of them live in one home, money will follow them from the 9 Kent Planning Commission Minutes June 25, 1990 State and I agree completely just from my own background about what you just said about the problems the district might or might not have. As far as juvenile delinquents go, if a juvenile delinquent is also classified as handicapped under the state definitions, that particular boy or girl or adolescent would also have funding that would follow him or her. So a juvenile delinquent is treated. . .someone who has been under the court system is treated no differently by the school system than any other student; however, if they have also been assessed as having a handicapping condition, then the additional funding that is allowed for handicapped children would follow them. Then again it doesn't matter if they all live in the same household or not. It would require, as Janet said, perhaps hiring an extra teacher in one building or perhaps those children would be bussed to various locations within the district depending on where the programs are for different kinds of handicapping conditions. But the juvenile. . .children who are under the jurisdiction of the court system. . . it makes no difference to the school district, unless they are also handicapped and then there is additional funding. Commissioner Miller: I assume we can all make the assumption that at least some of these children who are termed juvenile delinquents came from out own community, so they may not be an addition as a change in residence. Janet Shull: That's true. Right. One comment in relation to what Tracy said. . .I 'm sorry. . . Commissioner Ward: I 'm trying to get the (unclear) commission clear in my mind. To me the delinquent is the one that got caught, and he is placed under some type of jurisdiction of the court. If he is addicted to drugs or something else of the sort, then that (unclear) in that given environment and possibly if there is funding designated to give him the special care, this would be additional funding as far as of the school district is concerned, and not necessarily would that individual be placed under special type of circumstance based on his residence at a group. Chair Martinez: That's right. Commissioner Ward: So I 'm saying this basically regarding the group home concept, because I was with the Model Cities Program back in the late 60 's and early 70's when the concept of group homes was first started and funded by the Feds. And in that given case we funded a group home of basically delinquents. The delinquents were thrown in there where they had been caught in drugs or some part of the criminal justice system. It' s impact was given (unclear) consideration as nobody wanted a group home to be 10 Kent Planning Commission Minutes June 25, 1990 near them. . . (unclear) I wanted to clarify that given point as what I believe and know regarding the school system. They have the same problems in schools and exist with the same kids. The group home ones got caught. The other ones are still able to be in the school system. Janet Shull: Right. And some of the people I spoke with did try to point that out to me that really whether or not this is the case, schools are in the business of teaching reading, writing and arithmetic. They admitted that they have to deal with some of these other things before they can get around to the reading, writing and arithmetic, but their .feeling was that some of the other special needs, particularly in the case of a juvenile delinquent or half-way home situation, that we should be getting those needs through another system, not through the school system. So some people did make that point with me. One woman also made that particular point. I think she was an elementary principal and I think she was probably thinking of elementary-aged children that she felt the opportunity for children to reside in quote unquote normal living situation as possible. Say in a residential area next door to other children they attend school with, but that makes their job that much easier if the children are coming from as normal a living situation as possible. It just makes it that much easier. She kind of felt. . .at least coming from the prospective of an elementary school. I don't know that she would have the whole prospective on the whole school district, but. . .I don't know that I have anything else. But the only thing that I wanted to add to what Tracy said regarding the handicapped children was that in some of the programs within the Kent School District anyway, they may only have one or two class locations depending upon the nature of the disability. So, for instance, whether a home were to locate on the East or West Hill may make no difference. If it is the Kent School District, they may be going to this one classroom. So that was one point that was not mentioned. Chair Martinez: Are there any other questions that you have of Janet. Okay, thank you very much. At this time I would like to reopen the public hearing. We have. . . it looks like perhaps five or six people that would like to speak. I would like to first remind everybody that please let us know what part of the changes that we are addressing that you will be speaking to. And also we would like to keep this as much as possible to ten minutes or less per person. So the first person I ' ll call is Kathleen Kennelly. Kathleen Kennelly: I have nothing at this time, but I would like to reserve my right to speak. 11 Kent Planning Commission Minutes June 25, 1990 .Chair Martinez: Certainly. Linda Fischer. If you' ll step up to the podium please for the record. Linda Fischer: I don't have anything. Thanks. Chair Martinez: Floyd Bacon. Floyd Bacon: I'm Floyd Bacon, 24311 35th Avenue South, Kent. I was here at the last meeting and I have some questions. I don't see too many changes that we've had from the last time we had on Group II, Group III homes. I first would like to say that what I am going to speak on will not be. . .only one question I have would be in reference to the Group IA and IB and so on down the list. I ' ll ask that later. Now this amendment does not affect local government. I 'm going to read right from the book. Specify the types of group homes allowed within a district if found if legitimate concerns for health, safety and welfare. For example, groups such as half-way houses, adult rehabilitation centers and treatment centers may be disallowed in single family districts since such uses are inherently different from normal family living arrangements. These groups may also be excluded on the basis that such groups may constitute a dangerous disruption of the neighborhood. Now we will go on to the meat of this thing. Why is it that we have still got to have our Group II and Group III homes. I would like to have that question answered from somebody. Chair Martinez: I 'm sorry. Floyd Bacon: : Why are we still having to have Group II and III homes. . . Chair Martinez : In our community at all? Floyd Bacon: And where will they be? This is still a map which is very hard to understand. These are questions that I would like to know, and there are a lot of people that are not here tonight who would like to know. Chair Martinez: I guess I' ll answer from what I know, and the reason that we are proposing Group II and Group III is that the community produces people who would use those facilities, and we are proposing that we need a way to control where they go and to have better siting proposals than we currently have in place. Floyd Bacon: Let's go to one of our neighbors in Auburn here. . . Redmond. Let's go to Redmond. Their group homes with greater than five residents aren't allowed as outright uses in residential zones. This is Redmond's family. The family is no more than five. 12 Kent Planning Commission Minutes June 25, 1990 We have six, and we say that we are following everybody. We are supposed to be following Bellevue. The things that I can't understand is that we have come in with the Group II and Group III homes, and I see it not listed anywhere else in this proposal that I see herewith Redmond, King County or Bellevue. Group homes, as I stated last time, in the category II and III. . .they state that they only place they would have the category III or the class III home would be in a prison site, which to me tells me that they don't want them. But we are saying that Kent has got to accept this, we've got to accept that. And one other thing and I will repeat this again. We do not have to do this. This is something that has come around, and I don't feel as some of the people who are advisory to the mayor stated that they are our brothers and our sisters. They are under God our brothers and sisters, I agree, but I don't think that in this case. . .we don't have any controls stipulated whatsoever in here. We say we have a monitoring system, which is fine if one person can monitor through all these situations. Who is going to monitor the two in Class II and Class III? Is there going to be constant monitoring of this. Are we going to have a safeguard that these people do not go off the deep end after they have been released from the prison. I see no controls at all in this. I would like to know from somebody what -. type of controls we would have. And I don't know how we could ever. . .you could vote on something until we get some controls on this. There are no controls at all in here. I 'm for helping people. It's been a shame that so many people in the paper have said that we are hard-hearted people. We are not. We love people. I 'm not against helping the mentally handicapped, the physically handicapped. Lord knows there's a lot of people that need help that way, but this is my issue tonight, but I 'm asking why do we come up with a figure of ten when other places come out with a figure of five. I don't that either. There are a lot of things here to be answered and I haven't found the answers to them yet. I feel that a community has a right. . .you know we hear one side of the story of what is going on that we need to help these people, but there are residents, children, especially, could be in danger from the Class II and Class III people. They have been released. . .here right out of the paper where one of the members that were on the advisory committee said that. . .I 've got a copy that is a little better I can have it marked up here. . . It says that for instance the committee suggested that most of Class I and Class II Group Homes be allowed outright or under conditional permits in family areas but be banned entirely in single zones. I knew nothing of what she said in the paper. Maybe the committee had to change it because she was head of the committee. I don't know. It says right in here that the committee members . . . controversial, but (unclear) felt the community should make a place even for half- way homes where people who enter the work release programs 13 Kent Planning Commission Minutes June 25, 1990 according to the report, the occupants would include people convicted of charged as sexual or assaultive, violent predator. And yet we have not one thing in here to tell us how. . .I don't care if it were a thousand feet or 4,000 feet, what is a thousand feet to a person who has run the ropes and proven himself not to be let loose. And the governor himself and his task force says very much, and I can read it. . . it is in the front of your book if ;you would like to read it. And I am sure you have, I hope you have. We are very concerned about these people. Now juveniles. . .I 've talked to people,they have asked me questions and I have asked them. You know what is also a large concern is, unfortunately, the young juveniles. ' It is not always their fault, but they have run the gauntlet and I say we need to help them, but you can't completely throw them out into society. I don't think they need to be incarcerated all their life. But again we are not our brothers' keeper as taking care of people of people who have proven that they are not safe in the neighborhood. And I am asking tonight that you people certainly give this certain thought, because there is no content in this that tells me what type of protection we have against. . .I m saying that basically a human being himself, a big person can usually protect himself, but we have a lot of children out there. We've got a lot of older people out there, and they are very subject to this kind of behavior. You pick up a newspaper every day of the world and you see these things happening. I realize that there are a lot of times in residential area, unfortunately we have problems. But we've got to help these people. We've got to get them off drugs. I realize it, but the situation that we are facing here in Kent. . .how are we going to take care of these Class II and Class III. We have no system at all in here that tell them. . .I don't even know. . .according to this that doesn't tell me at all where they are going to be located. I 've heard that they are going to be in the factory areas. There will be certain areas downtown. Also, while I 'm on the schools, I heard the lady here, Miss Tracy Faust, discussing mostly about Kent. But you know there will be some group homes up on the West Hill. What about the Federal Way School District. They also have something to say about it, because we are kind of a split. . .between east and west of the valley splitting, we are kind of like two cities, actually. So, I have no answers tonight yet, and I respect the work and the people who have come up with things. I am just going (unclear) . . .I just don't feel that we have anything yet to tell the citizens. We are the citizens. All of us. You are part of the citizens. You are part of the city just as much as we are. You are here to look out for our interest. too. I 'm not even talking about Class IA. I 'm talking about. . .but I do want an answer why you have come up with a figure six as designated as the family, and then we came up with a figure of ten for the Class IA. And then we go down to the next one down here is IB, maximum 14 . 14 Kent Planning Commission Minutes June 25, 1990 . This is. . .to an average person who reads this, maximum 14 residents including resident staff. That would be a total of 12 people, wouldn't it. Where would these people be located? Fourteen. . .you take a large house. Take somebody in speculation now. I 'll speak for the West Hill now. We have the dump over there and there are a lot of houses for rent over there, some large houses. Could they go ahead and move in here with 14 or 15 people in a group home? I don't know. Is this true? Could you answer this question for me? Chair Martinez: It depends on the zoning. Floyd Bacon: Okay, the zoning. Chair Martinez: It depends how those are zoned and whether they would be an outright for 14 or 15 people. If it were a single family residential area, no. Floyd Bacon: Are you saying that this would not be a normal residential area, this 14 residence. Is that correct as I hear you? Chair Martinez: That would be a Class IB, 14 residents, and they are not permitted in any single family residential area. That is correct. Floyd Bacon: Then what we would have is the Class IA. . . Chair Martinez: Class IA which would be a maximum of eight residents (unclear) . . . Floyd Bacon: Where would those be located? Chair Martinez : Those are outright permitted in either single family residential areas or multifamily residential areas. Floyd Bacon: okay. That's fine. I 'm not quibbling about that, I just wanted the answers. Chair Martinez: That's the answer to that according to our matrix. Floyd Bacon: That's fine. We did have some new matrix last time. There wasn't very many of them. If we could have had a full matrix for the people here. . .there isn't too many. Lauri Anderson: The revised matrix is in the report. 15 Kent Planning Commission Minutes June 25, 1990 Floyd Bacon: Oh, is it. • That is the new report. So the type of things that we have to discuss tonight. . .I don't want to take up the whole evening, because there are other people who have something to say, but we are very concerned about it. I feel. . .I hope that the people that represent us here on this Planning Commission would give it a lot of thought. Again, we are not against what the government says, and we are happy to help those people who need it, because those people cannot help how they were born. They are great. They are God's people and I am 100 percent for that. When we come to these people in Category II and III, we've got some problems, because it dictates where they will be, what will we do. We have one monitor that is a, I believe on the last page we have here, we have one monitor that states that they will. . . let's see action to. . .one . . . assign a staff person with a social services background to periodically monitor group homes in Kent. Now this group homes in Kent does not specify I, II or III. To me this means all of them. Are you going to have one person monitoring Class II and Class III homes? Chair Martinez: Did you. . .I think Miss Shull referred to that. . .you understood what we meant by monitoring in that the City of Kent is not going to be responsible but that we will give conditional use for specific agencies to site homes, and those agencies will be responsible for the monitoring. Floyd Bacon: If you want my honest to goodness. . . I don't have any faith in the monitoring of the various agencies, but. . . Chair Martinez: Do you have faith in Kent's monitoring agencies? Floyd Bacon; I 'm saying that monitoring II and III, how are they going to monitor those people? Chair Martinez: They're not. Floyd Bacon: All right. This is what I mean. I don't know why we even have a Class II or Class III. I don't see anything here or anything else. It says right in here, we are following the book as far as the federal government tells us to do, and it has filtered down from the governor, and the governor is very concerned, and I am sure everybody has read this. I 've read it two or three times. I 'm real proud of our governor. He came out and says what we are going to do with these people. He tells what should be done. Apparently we are going to put him right in the middle of a smaller city and we are going to say, hey, here we are. I would recommend that we get more study on how we are going to monitor these people. To what extend. . .how long. . .what happens if one of these people decide to do something. Are we going to do something 16 Kent Planning Commission Minutes June 25, 1990 about it. Are they going to close it down or what are they going to do? Gee whiz. We can't do a thing about it, because it is being monitored by the state, monitored by somebody else. This is our city. This is one time. . .I' ll just mention it once. . .we could not have much to say about certain areas that is going in on the West Hill of Kent, but at this I think we should have some input. I an serious about it, and it is Class II and Class III, and I am very serious. That is not covered, and the federal government. . .that we should accept those kinds of people. Thank you. Chair Martinez: Thank you. Any questions. Okay, thank you. Commissioner Gregory: In answer to your question, one of them, is that zoning can go only so far. I think that was stated at the last hearing. Zoning, for example, can't tell people what to do. It can only dictate what you can do with the land. So we can't go in and tell them what to do, but we can tell them where to place certain houses or homes in Kent. That is as far as zoning can go, but in terms of telling somebody how to treat their residents, that is pretty tough for zoning to do. That is my understanding. Am I right. Floyd Bacon: Mr. Gregory, I don't understand exactly what you mean. I'm speaking of. . .I don't care where they would place a. . .Kent has put provisions to have a Class II and Class III. I 'm not speaking of Class I home, because that is a whole different ball game as far as I am concerned. But I an speaking about the two ones that I just spoke about, and yet why do we have to accept those people in the city limits of Kent. That was my question. Is that clear? Commissioner Gregory: Oh, yes. It' s clear to me. Commissioner Ward: It's because we produce those kinds of people. If we produce them, if our society is less than perfect, which it is, and our children have a tendency to do certain things . . . if we can correct that situation, if we can stop producing those people, then by the same token then we won't have to make any provision for housing them. If we could do another holocaust and wipe them all out. . . Floyd Bacon: We are all a product of the system. All of us are. I realize that. And I realize that there are people that are in the system and they can't get out of it. I 'm not fighting that. If we do need to help them, then where is the protection, because these people have had a rough go, and you know. . .human beings to them sometimes is the ones to them that caused this problem, and I 17 Kent Planning Commission Minutes June 25, 1990 just don't feel that the City of Kent should be that or other cities have (unclear) . . .I say that if it is monitored, but there's no control. . .there's got to be some control on these individuals, right. And I'm speaking specifically of people released out of institutions that are in situation that is bad as far as their minds, their control of themselves, and I am speaking especially of people. . .assault and do bodily harm. Those kinds of people are listed in this thing. And I think we should. . .and I recommend strongly that the Commission look at it real good, and again I say I want to help people, too, but there is always two sides of the coin. I'm not trying to single out any group at all whatsoever. Chair Martinez: Thank you. I am going to mispronounce the next name because I can't quite read your writing. Nasreen Mall. If you'd please step to the podium. Please correct my pronunciation. Nasreen Mall: You know shopping mall. Chair Martinez: Oh, that's an M. Thank you. Sorry. Nasreen Mall: Okay. That's all right. My name is Nasreen Mall, and I live on 3506 South 244th, and I have two questions that I would like to ask. One is that in Class II and III homes, why cannot we just leave a provision that they are always under a conditional permit so that the community can get together and give their input as to what kind of use that particular facility or particular area is going to get, and then clarify some of the misconceptions and clarify some of the fears, if there are any. I don't think that will be discriminating against them if we say that conditional use is required. And then my question is that why did we adopt Bellevue's definition of classes, why not Auburn and Renton? Chair Martinez: We' ll get clarification on that. Nasreen Mall: Okay, and another question is that something like that in Class II and III in the multifamily situation, don't you think that is unfair to the multifamily. After all, they are a family too. They might be a set up that is not single family, nonetheless they are family and they will be affected by behaviors. The problem is behaviors on people, not entirely what class. And those people can behave adversely for multifamily kind of set up than for the single. And then I just have a little bit of concern about the dispersion/segregation requirement on page 14 of the blue book. To my understanding that is. . . 1, 000 feet doesn't mean anything away from school or a church. . .of people who can probably escape from jails. And keeping them just 1, 000 feet away from the children who go to school or to a park or Sunday school or 18 Kent Planning Commission Minutes June 25, 1990 whatever, and luckily most of the Sunday schools and churches are usually during the daytime which would be a little safer, but parks people stay out late. I would suggest that these kinds of things when we talk about. . .I have thought about it for a long time now. Why do we look only at one side of the equation, the people who need help. How about the children or the people who are on the other side of the equation who have not been there or who will not be there if given the right kind of protection. An example is like this. If my children, for example. . .hypothetical. . .have not gone to the point where they are on drugs, why give them a greater chance by putting so many people here who will affect this group of people. And the only time we can help, or you or the state or government, can help them when they have gone ahead and reached this group, whereas all the children have got. . .the use of drug and all that, and I don't know if that is up to the zoning committee to consider things like those, but at least give a thought for the people who will be affected. A lot of them are children first, and then senior citizens. Not that the senior citizens will go on the drugs or anything like that, but the property crimes and the personal crimes against them. Chair Martinez: Have you thought about. . .because this was discussed at our last meeting about the separation and dispersal. Have you thought about a distance that seems acceptable given the size of our city. Nasreen Mall: There is one city over here that is saying 35, 000 acres, a minimum. That is Auburn and Renton. . .this paper. Chair Martinez: I think that is a typo. Nasreen Mall: That sounds very good. Chair Martinez: I don't know what that is. Can you share it with us, please. Commissioner Faust: This is the problem with relying on the newspaper. Chair Martinez: We never know where some of the stuff comes from. Commissioner Faust: This is from the local paper and I have no idea where they came up with some of the stuff, but I doubt that Auburn has a dispersal requirement of 35, 000 acres, and who know, we may see some sort of correction in the paper. Voice: I doubt it. 19 Kent Planning Commission Minutes June 25, 1990 Commissioner Faust: I 'd like to address one thing that she said, though. That is. . . looking at this matrix it looks like all Class II and Class III homes are conditional use permits, except, of course, in the commercial and office. I 'm assuming that there aren't too many children in the commercial and office area who will be polluted by the kids who might be in the Class II. But in all the neighborhoods, including the multifamily, those Class II homes are all conditional use permits. If it weren't, I 'd share your concern. That's another problem with relying on the newspaper rather than on what we've got here. Nasreen Mall: Like Mr. Bacon said earlier, whatever we have heard so far from Ms. Shull, it seems like there isn't much distinction from II and III, and where can they go. My suggestion would be that they should always be kept in conditional use and the input of the community should be considered. Commissioner Faust: That is the way it has been proposed to us, that the only type of group home that isn't a conditional use is most of Class I. But the Class II and III, that's all conditional according to this latest matrix that we are operating under. So I just wanted to assure you that had been done. Nasreen Mall: What some of the (unclear) created because some of the. . . Commissioner Faust: I 'm afraid so. Nasreen Mall: What if the papers are right. What do we do. By that time the thing has been passed. Chair Martinez: We will be operating. Rest assured. What is recommended by this Commission will be either in this book or in the minutes of our meeting coming out of our discussion either from tonight, if we decide to pass it tonight, or the next time we which you will be informed of. The minutes will show exactly what our intent is. Right now we are working on what is in the blue book. There is no hearsay. It is either there or not there. You will either agree with what is there or you don't agree with what is there. You can see where conditional use is permitted, where no home is permitted, where it is permitted outright. I think you ought to get the blue book and study it very carefully, because I truly believe that is where we should be speaking from, not from what the newspaper said, but from what we are actually proposing. Because you may still disagree with us, but we just need to be speaking from what we are really going to be doing. Nasreen Mall: Okay. - 20 Kent Planning Commission Minutes June 25, 1990 Chair Martinez : And I do appreciate your comments, everyone, truly. Voice: Is there something that is popping up in here? Janet Shull: This is Janet Shull, Planning Department. I just wanted to clarify one thing that Tracy just said. In the case of Class II, there are some instances where it is permitted outright. Commissioner Faust: I corrected myself the first time. . . Janet Shull: I believe you said that the first time, but I think the second time you said they're always conditional. So I just wanted to point that out. Commissioner Faust: They are permitted in some of the commercial areas. But Ms. Mall's remark was that she seemed to think that some of the Group II and III homes were permitted in residential neighborhoods, multifamily. And I just wanted to correct that. You're right. . . . (unclear) further clarification. Chair Martinez: Thank you. Did anyone have further questions of Ms. Mall. I sort of cut her off. I 'm sorry. Okay. Mr. and Mrs. Jarvis, did you have anything you wanted to say. OK fine. James Wright. James Wright: My name is James Wright. I live at 3605 South 241st Street in Kent. Good evening. Once again I am back. I still have a few comments to make about this on some of the things I 've heard tonight and some of the concerns I have about this zoning. I think that the answers we got on the impact on schools and needed special helps for children from these homes is very well done. I think they should be complimented on their diligence on getting those answers for us. Appreciate that very much. What I have to say is that people from our community are our responsibility. People from other communities are not our responsibility. When a member of our community has a problem, that's our responsibility to help that member of our community. When a member of our community commits a criminal act, it is our responsibility to deal with that criminal act and to deal with that member of our community in a lawful manner, and to take care of that member of the community however the law directs. When a member of one of our families. . .our member of the community's families is released from an institution after the commission of a criminal act, then he should be integrated back into our community in a good manner that shows that person has either paid their debt to society. . .which seems to be rather ignored by our legal profession is that people should pay for the crimes that they commit. Once they've paid their dues, they should 21 Kent Planning Commission Minutes June 25, 1990 be integrated back into their community, back into their neighborhood where they came from. One person in the neighborhood is part of that neighborhood. A problem person in a neighborhood is part of a neighborhood. Five, six or ten people integrated into a community from some other community or into a neighborhood from some other community are not part of that community. They are not part of that neighborhood. They are a problem. The criminal acts go up, and drug abuse in that neighborhood increases simply because of the number of people in the neighborhood that are committing these criminal acts, using drugs, whatever. I am kind of using general sense there. I can't say they would definitely. Many group homes are very well supervised and things like this don't happen. I was in a group home, personally. I think it was one of the most horrible things that ever happened to me in my life. I am still traumatized by the thought of something like that. Scares the dickens out of me that any child that I would know would be committed to a group home. Group homes are impersonal. Group homes don't give the child the love they need. They don't give the child the attention they need. They just don't. Governments don't provide love and attention. Families do. And a group home that is made up of people from different places are not a family no matter what you call it. It is still a group of people put together by the law or put together by the state. States don't make families. The monitoring issue. . .I think we should be very concerned about that. It is our community and we should monitor the system. We should monitor these group homes. A Roman named Cassius, the general, he said about the Roman guard. Who should watch these self-same watchers? Who is going to monitor these monitors from the state to see that they are doing their job? Obviously they don't do their job many of the times, because criminal acts are committed by people from these group homes all the time. There are abuses of children in group homes all the time. There are people who run away from group homes all the time. Obviously they are not doing their job. Who is going to watch these self-same watchers. Chair Martinez : Do you have some proposals for monitoring? James Wright: Yes. Chair Martinez: What. James Wright: I think that a person from the community or an office from the community should be directed to monitor these homes. And if they are not obeying the letter of the law, their permit to operate should be withdrawn and they should have to get out of the community period. And they shouldn't. . . 22 Kent Planning Commission Minutes June 25, 1990 Chair Martinez: That should be part of the conditional use permit, exactly. Commissioner Faust: How are you defining community? Are you defining community as the three square blocks around where the group home is? James Wright: I 'm calling the City of Kent our community, our city, the place where we live, where we have chosen to make our homes and earn our livelihood. Chair Martinez: Okay, thank you. James Wright: I 'd like to go back to page number 5 of the blue book. On paragraph 3 it says that the amendments to the Fair Housing Act respond to misundstandings and prejudice on a legal basis. They give local government the legal framework permitting group homes to locate in residential areas. They protect certain types of group homes, particularly homes for the disabled, and they protect them from unfounded community fears. Now if we go up to the paragraph directly above that, it says that the amendment does not affect local government' s ability to specify the types of group homes allowed within a district if founded in legitimate concerns for health, safety and welfare. I think that we have some legitimate concerns for health, safety and welfare of our community members when it comes to Group II and Group III homes. I think that Group II and Group III homes should not be permitted in our community period. Chair Martinez : May I ask whose community they should be allowed in. James Wright: If you look at the definition of the people from Group II and III homes, these people are under the law, they are supposed to be under the supervision of the criminal justice system. These are people that have been committed. . .that have committed violent crimes or sexual perverts who have committed various perverse sexual crimes. The (unclear) convicted or charged as a sexual or assaulted violent predators. These are people with drug and alcohol problems that are not dealt with in a normal community setting. Definitely not dealt with in a group home. These are dealt with best in a clinical atmosphere. Those convicted of violent crimes, violent behavior, are best dealt with in prisons, not in group homes. Coleen Miller: May I ask you a question. What can or ought we to do with people who have been released by the prisons but may not be ready to . . . or may not be fully released. The prisons have 23 Kent Planning Commission Minutes June 25, 1990 released them back to the community. It is going to happen. James Wright: I know it happens. It is the fault of our criminal justice system. It should not happen. A person should not be -released to the community to become . . .to prey upon us further. We suffer enough from these criminals the first time they are out until they are ready to come back to the community as a viable citizen, as a valuable citizen, as something other than a drone and a drain upon our resources, they should not be permitted back in our community. Coleen Miller: But you and I don't get to make up the rules. The fact is that they do come back to our community. James Wright: Yes, and we should be doing something about that. And that is why we are here. We are trying to do something about this. Coleen Miller: We cannot change that fact, all we can do is deal with the reality of them being released. James Wright: Yes, ma'am, we can't deal with the fact of them being released right now. Coleen Miller: Not through this forum. James Wright: We can deal with the problem of siting group homes of people of the Class II and Class III type as described in this booklet. We can deal with that and say that they are not permitted, because the Federal Fair Housing Act is to deal with people who are disabled, people who are mentally retarded, and those that are not able to defend themselves. Criminals are very well able to defend themselves. Drug addicts are very well able to defend themselves. They do it to us all the time. They break into our homes, they steal our goods. They rob us of our livelihoods, they attack our children and we continuously allow them back in our community. I think it is time for us to say no. It is time for each and every one us to say no, we don't want these people in our community any longer. Thank you very much. Chair Martinez: Are there any questions? Some people reserved the right to speak. Ms. Kennelly. Kathleen Kennelly: I am Kathleen Kennelly. I live off of 239th in Kent. You spoke about the newspaper comments and how unfair the newspaper comments are. Eric Lucas, is that the correct spelling pronunciation of this last name, do you recall his comments on the families in the communities, the families in the community in 24 Kent Planning Commission Minutes June 25, 1990 Midway, Nike Manor, area. He spoke in a vitriolic way about our lack of compassion and our hatred, and he was very satirical of how we didn't want quote unquote those people quote unquote again those people of color in our neighborhood. We are those people in this community where I come from. We are people of color. We are Black, Hispanic and Asian people. I have a Brownie troop of 12 children, three of whom are children of color. Three of the families live at this time in Nike Manor. Chair Martinez: I hate to interrupt you, but we have nothing to do with Nike Manor. We don't have anything to do with it. We are dealing with. . . Kathleen Kennelly: I am only speaking from my own experience. I realize that the overall question is the City of Kent, and our community is within the City of Kent, and the best that I can do to convey my thoughts, ideas and feelings from my own particular viewpoint, and it happens to be in the West Hill, but, again, my heart goes out to the homeless in our whole community within the City of Kent. In my church community, which again is in the West Hill, I a member of a church community and I have taken food on more than one occasion to the homeless people who are stuck in the Three Bears Motel and the New West Motel. We have been helping. I drive these homeless people, the mother with five children and others, to pull them out of one school and into another school. I know a little bit about what I am speaking of when you are talking about, for instance, Class I. anyway. Also, the prayer group that I belong to, eight couples supply food on a regular basis, not just Thanksgiving, Christmas and Easter, but on a regular basis to people in need. We are not heartless. We are, as a matter of fact, within our own community doing the very best we can to make our community to continually improve it. So as far as welcoming the low income, elderly, the handicapped, even the mentally disturbed, the mentally ill, the mentally handicapped, this kind of thing, Class I, I think that we are people of compassion and I think we could welcome that kind of group into our community. Again, I have real concern also about the Class II and the Class III groupings. I will say that I agree with Mr. Wright. I think I agree with just about everything he had to say about the monitoring and his recommendations of monitoring for group Class II and III. It is just inconceivable to me that we would try and incorporate this kind of person into the community. There is a place for them. I really do think that as members of this community, Mr. Ward, Mr. Gregory, Ms. Martinez, Mr. Chopp, Ms. Miller, Ms. Faust, that we just need to work together and use our brains to solve the problems that are before us. I think that if we think long and hard and really study the problems, we can come 25 Kent Planning Commission Minutes June 25, 1990 up with some humane solutions that will improve and enhance our entire community and our entire city. Commissioner Faust: Where do you think that we ought to site Group II and Group III: Kathleen Kennelly: As it so happens, I am working on a Master's Degree in Reading Specialist and though it may sound strange as an educator, one of the classes that we are offered in the Education program happens to be along with child abuse and things like that. I just was. . .entitled the. . .the class I just finished. . .one of the many classes that I just finished in January was called the sex offender. I must tell you that for three months, unpleasant as it was, we really, really studied this problem. And I wrote back and forth to Olympia, went down to Olympia, met with people in the legislature. I have to tell you that at this time for one thing we all know there is lack of funding. . . Commissioner Faust: Excuse me. Could you just tell me where you think we ought to site. . . Kathleen Kennelly: I'm going to tell you that right now if you' ll _ . . . lack of funding for both treatments and incarceration. The only place from three months of study on the problem of the sex offender. . .the only place at this time is incarceration and possibly there is hope for very young sex offenders, but there has to be funding from the legislature. There is no treatment. We think there is treatment. There is no treatment at this time. To answer your question, the only place for these people is in an incarcerated position at this time. It is absolutely inconceivable that these people would be welcomed into a community situation within a city. Commissioner Faust: How about Group II. Kathleen Kennelly: Again, I think there are places and centers outside of the community that have got to answer the problem of the drug and alcohol problems. It is a major problem throughout our country. There is just too much danger, and I know you have to agree. . .you must agree with us of the danger to small children and the elderly because of all of the ramifications that go along with the drug and alcohol problem. I am sure that in our hearts we have to agree on that, and that welcoming these people into our community unless you are absolutely sure of their . rehabilitation and recovery process, at least advanced rehabilitation, advanced recovery process. . .I can't imagine trying to incorporate, as much as we love them and wish them well, I can't imagine trying to incorporate them into our community. I think they need to 26 Kent Planning Commission Minutes June 25, 1990 have. . .and it's our job to get the funding, to have treatment centers for them. I hope that does answer your questions. I do thank you. Chair Martinez: Thank you. Miss Fischer. Linda Fischer: My name is Linda Fischer. I live at 846 Hilltop here in Kent. Briefly for what it is worth. I am the parent of a handicapped child and my interest is Group I, which doesn't look to be a major problem, though we don't have very many group homes for children as severely disabled as my child. But then, that is a little different than what we are looking at. But as a possible parallel, when my daughter's school was disbanded and they put all the handicapped children in various schools around the district, a lot of the parents were extremely upset and concerned about what was going to happen to our kids when they were in there with the normal kids who were going to point at all those retarded kids. And the Kent School District amazed me and surprised me with the kind of thoughtful consideration in letting the normal population know the kinds of things they could expect out of these abnormal, handicapped, disabled individuals, and they managed it in such a way so that that existing community, if you will, knew what was coming, the kinds of things to expect, the disabilities, the strengths. It was a process of education. I think there is a possibility that that could be worked in this situation. I think the concerns expressed here are very real. My only real concern is I get a little bit scared when people start talking about not in my backyard, because the next thing. . .they may not want my kid in their backyard either. Thank you. Chair Martinez : Excuse me. Are you suggesting. . .I think that we should build into our . . . something, I 'm not sure what. . .some guidelines for letting the community know about the various homes that we are going to site there so that they can . . .other than perhaps we do have a conditional use which will be a hearing situation, but you're suggesting some other sorts of things. Do you have any other ideas. Linda Fischer: No, not very specific (unclear) . . . I think the best thing for people to be aware of, you know, the possibility of a group home being sited in their community. If a group home of this kind should be introduced in your community, what would you want done, how would you want it handled, what are your concerns. This is what you are doing here. But, obviously, we are a very small group of people that are here. A lot of those people are going to wait until it is down the street from them and then they are going to be concerned about it. 27 Kent Planning Commission Minutes June 25, 1990 Chair Martinez: Okay. Thank you. Is there anyone else in the audience who did not sign up who wishes to speak? I would entertain a motion to close the hearing. Commissioner Faust: Before we do that though, I 'd like to ask a question of staff. Chair Martinez: Certainly. Commissioner Faust: Just a clarification, staff, please, ten-point toss up, could somebody talk to us about. . .a lot of the people we have heard tonight have expressed a particular concern about monitoring. They want to make sure that somebody is monitoring these. Could you all. . .somebody discuss one, what kind of monitoring is done by the residents, I mean by the people who actually live in the group homes; two, what kind of monitoring is done by the social service agency that funds the group home. I am really most concerned about those two. Also, is monitoring something that in the past has been brought up and has been incorporated into a conditional use permit for a group home in the City of Kent, or anything you know about some of the other cities around here, in ten words or less. Fred Satterstrom: I don't know if I can answer any of your questions specifically about what kinds of monitoring that is done by the agencies themselves. I sure the requirements vary according to what the stipulations are in the monitoring if they are licensed by the state or some other agency. I know that there are certain requirements for monitoring, particularly DSHS. I am aware of some of the regulations that apply and how frequently DSHS enters the facilities. I think if you were to ask a normal person about how much monitoring DSHS does, they would probably tell you not enough. The city's monitoring here is not necessarily meant to replace the monitoring that is done by any of the agencies over any of the group homes, but merely to augment the monitoring that the city would do in terms of knowing where these uses are, of knowing what the conditions would be for any conditional use permit that would be issued subsequent to the development and implementation of the criteria, as well as any, you know, requirements such as fencing, parking, any other normal zoning-type requirements that would go along with that use. That is the kind of monitoring that the Planning Department would do in addition to making sure that the dispersion and separation requirements were met. But we wouldn't be trying to replace the DSHS concerns. Commissioner Faust: To paraphrase what you are saying is that in the conditional use permitting process, which is really what we are talking about here, we are talking about Group II and III homes, in 28 Kent Planning Commission Minutes June 25, 1990 the permitting process, public safety that is insuring that whoever is running the group homes takes that into consideration and has some plan, is part of the permitting process, the conditional use permitting process. Fred Satterstrom: Well it could be recommended, both the licensing and a monitoring program, to you. We haven't really gotten into the precise application or precise details of these programs, but some of that short of specifying total operational characteristics, I don't think. . .like Willie was referring to before, we want to make sure the place. . .the land use is properly conducted, but I don't think we want to get in there and start telling them how to run their program, for instance. That is an operational thing that I think DSHS and other funding agencies would be telling them to do. Commissioner Faust: At least it is assuring that somebody is monitoring it. . .would be something that the city would be inquiring into. Fred Satterstrom: Yes, one of the speakers asked who would be watching the watch dogs. And actually the monitoring of the city would be watching the monitoring of the state to make sure that the it looked like it was being monitored appropriately. I don't know, a lot of this is just speculation at this point because we haven't gotten to those types of details, but, obviously, here the goal is to ensure the general welfare of the neighborhoods where these uses are going in. The only comment I would add in addition to the question is that this proposal may not be the world's best proposal. It' s darn close, though. I think Janet and Lin and the committee have done an enormous amount of work on this and there may be some fine tuning as there would be with any proposal, but I believe it is a heck of a lot better than what we've got now, because there aren't any regulations now per Class IA, or Class II or Class III. They are all mental health facilities, and they are allowed Willy nilly. This proposal really starts to grab hold of the situation. And, certainly, as time goes on, we may fine tune it. But it is a darn site better than the wide-open situation that we've got right now which was developed back in 173 and long before the concept of group homes ever really came into this community. James Harris: Madam Chair, could I make one comment. Chair Martinez : Certainly. James Harris: I think what I 've heard here this evening over and over again is on page 14 in the blue book under E, Establish Conditional Use Criteria Which Specifically Addresses the Nature Of Such Land Use. This is what is being asked of you over and over 29 Kent Planning Commission Minutes June 25, 1990 again. That is getting down to the knitty gritty, the specific. What is it that a person or group that comes to the city and asks for a group home, Group II, or Class II and Class III, is going to be, right from the starting blocks, required to adhere to, plus whatever else the hearing examiner may pull out of the air and say these are additional conditions. It just seems that it is very crucial that somewhere along the line those questions be answered through the criteria, the conditional use permit, because that may not alleviate all the fears, but it may help go a long way to show what it is that these group homes are going to be expected to adhere to in a way of some standards. Chair Martinez: I have another question of the staff, and that is in the layout for Class II homes where in some commercial zones there are outright permitted uses. I recall particularly when we were doing East Hill there were some office zones. . .there are some commercial zones that are very close to some residential. I didn't study the map and I meant to. . .can you answer the question are any of these within a significant distance, closeness, to either multifamily or single family so that we should change that to conditional use rather than outright permitted. Did I make that too long? Lauri Anderson: This is Lauri Anderson with the Planning Department. The question is not as simple as that. The way the zoning map works is that there are always boundaries between districts. The office zone is often used as a buffer zone between a commercial district and a residential district. So, undoubtedly at some point there would be office zones that butted up against residential zones. There may be commercial zones that butt up again residential zones. So yes, there would be some fringes that would touch. Chair Martinez: So consider conditional use for that entire class of group homes, that is Group II for all places that might be permitted. It seems like it would not be an unreasonable thing for us to do. Lauri Anderson: I think that is your decision. We were thinking of the core of a commercial area where typically there is not residential. Chair Martinez : Okay. Okay. Any other things you want to say before. Commissioner Faust: Madam Chair, I would move that we close the public hearing on this issue. 30 Kent Planning Commission Minutes June 25, 1990 Commissioner Gregory: Second. Chair Martinez : All in favor. Voices• Aye. Chair Martinez: Opposed. (silence) What is the pleasure of the Commission. I would like to hear as much discussion as we can generate . . . I think we are talking about some fairly serious things that people are concerned about. Commissioner Faust: I would suggest, Madam Chair, that we go down the list of things. In fact, do we still have, staff. . .do we still have that lovely graphic from last time about the things we are going to be voting on so that we can just go down. . . Chair Martinez: It is on page 15 and it is quite clear. And we can bop back and forth between that and page 11-12 . Commissioner Faust: Anyway, that is my recommendation that we go down action items one at a time. Chair Martinez: Fine, and within Action Item 1 we have four things to consider. And I would like to act in each case on a motion, and then we can go from there. So Action Item 1, Part A is amend the current definition of family as it appears in the zoning code. Commissioner Miller: Madam Chair, I move that we consider the definition of family as proposed on page 11 in the recommendations in the final report. Commissioner Ward: Second. Chair Martinez : Discussion Commissioner Faust: I think this simply bring us in line with what is being done elsewhere. I 'm not concerned about the six that was explained to us last month by council, and six seems to be a very reasonable number. I don't think it is out of line with what is being done. I 'm quite willing to accept it Commissioner Miller: I think six is more realistic than some of the communities that have four or five in their definition. And I think six is a more realistic definition and is certainly in line with traditional family size in the community. Chair Martinez: And we probably already have a number of adults living together in homes, unrelated adults, at that level. I don't 31 Kent Planning Commission Minutes June 25, 1990 have any -trouble at all with six. Is there anyone on the Commission that wishes to speak against that? Commissioner Faust: Question. Chair Martinez: All in favor of recommending this proposal to the Council. Voices: Aye. Chair Martinez: Opposed. (silence) Part 1B is to amend the Kent Zoning Code to add the definitions of Class I, II and III which we are all aware of by now. They all have, with the exception of Class III, they all have numbers of people attached to them. Commissioner Ward: So moved, Madam Chair. Commissioner Miller: Second. Commissioner Ward: Question. Chair Martinez: All in favor. Voices: Aye. Chair Martinez: Opposed. (silence) We will recommend that. To amend the Zoning Code to add the Group Homes Siting Matrix. Commissioner Gregory: So moved. Chair Martinez: There is a motion. Commissioner Faust: Second. Chair Martinez: Discussion. Commissioner Miller: All I could say is I think the Planning Department and the Mayor's Commission that did the proposal put a lot of work into it, and I think it gives the greatest amount of protection to the community and the greatest amount of discretion back to the community by leaving most of Group II and all of Group III as conditional use permits. There are a few areas where Group II homes would be a permitted use, but they are only in commercial areas; therefore I think a lot of study went into this to be sure that the community has the greatest protection that would be available, and I would therefore recommend that we adopt. 32 Kent Planning Commission Minutes June 25, 1990 Commissioner Ward: There was one concern that was brought up that sort of struck home with me was that we should have some assurance that it would be in the center of the commercial area as compared to abutting and the possibility. . .someone brought that up. Voices• (unclear) Commissioner Faust: I have something that I would like to say about that, too, but I think that I would probably. . .I was going to wait and bring it up under D, Separation and Dispersion Requirements because I was going to suggest that we add an additional separation and dispersion requirement for Group Home Class II in the permitted areas of the commercial *office ,to include a distance so that we would be assured that in the areas, like up at the Benson where you have a small commercial strip and then housing, that you wouldn't end up having de facto placement in a single family neighborhood of say a Class II site. Chair Martinez: What if we would make it a conditional use in. . .Class II would be completely conditional use, and then when we get to working on the conditional use rules and regs for this particular thing, then build that into the. . .at that point. Commissioner Miller: I could accept that. Commissioner Faust: I think that the way it is now really streamlines things. I don't see any reason. . .I would prefer to leave it as permissive use, but I would like to add a separation and dispersement requirement to insure that it didn't abut onto single family or even multifamily homes without a conditional use. Voice: Any residential. Commissioner Miller: How far are you going to suggest that they be sited from a residential area? I 'm not clear, I guess. Chair Martinez: At least 1, 600. Commissioner Faust: I would say at least that. Commissioner Miller: That is what I was thinking. . .that separation and dispersement rather takes care of that. Chair Martinez: Well, it doesn't now, because it is just sensitive areas and it doesn't include residential, so we need to put. . .need to be considered, we need to put it in. Commissioner Ward: In other words you'd combine both of those 33 Kent Planning Commission Minutes _. June 25, 1990 distances, the 1,000 and the 600. . . Chair Martinez: Well, in the 600 you'd include residential areas under the dispersion and you'd also put in the thousand under the whatever distance. . . Commissioner Ward: Suppose there is a commercial area that is not quite 1, 600 and then we've totally eliminated . . . Chair Martinez: No it is 1, 000. Commissioner Faust: See, the 600 is the distance between two group homes. You can't have two group homes closer than 600 feet. Commissioner Ward: Oh, I thought you were suggesting that you combine both those distances. . . Commissioner Faust: No, I was just saying that the existing separation and dispersion requirements be applied to the NCC, CC, and DC areas under commercial and office for Group II, so that would . . . Voice: Approximately how far is a block? Voice• 600 feet Commissioner Ward: Approximately 300 feet Commissioner Faust: So we are talking. . . Commissioner Ward: Two blocks. Commissioner Faust: Three to four blocks for a thousand feet. Voice• Well, yes. Voice: A regular city. Voice: Two to four. James Harris: Cities vary. There is no standard. Commissioner Faust: Which would effectively preclude siting of any of these Class II 's up at the Benson where it is only one block wide. I just think that if we amend the separation and dispersion requirements to Class II to insure that the commercial areas that we are talking about aren't strip commercial, like up at the Benson. I 'm just using that as an example. I think that I would 34 Kent Planning Commission Minutes June 25, 1990 prefer to leave it as permissive. I think that we would get the same place. Commissioner Chopp: (unclear) . . .How far away from the dividing line. Commissioner Miller: I think she is suggesting we look at that under the separation and dispersion Voices• (unclear) Commissioner Faust: The property line with a radius from the edges of that property line 1, 000 feet. So if there were any homes, single or multifamily residential homes, within that 1,000 foot radius, it could not be sited there period. I suppose it could come in as a conditional use, but it certainly couldn't be the permissive use the way it is listed here. Commissioner Ward: Even though it is commercial. Commissioner Faust: I'm concerned, Ray, about it, too, but I would rather deal with it by leaving the matrix as is and then doing Action Item 1D. Commissioner Ward: That would cover it. . . (unclear) Commissioner Faust: I think so, because it is going to cut out an awful lot of commercial office space in the city that is close to houses. Commissioner Ward: Okay. Commissioner Faust: It would cut out a lot of the stuff even up on 99, because that is only two blocks wide. It would even preclude siting in a lot of the 99 area. Commissioner Ward: I will withdraw my concern. We can call for the question. Chair Martinez: Wait. I have another one. Don't call for the question. Voices• (unclear) Chair Martinez: I have another place that I am concerned about and that is in the Class IC. I think that MRG should be a conditional use simply because of the size of most MRG and the size of a Class IC. It is just that it could be very intrusive into that 35 Kent Planning Commission Minutes June 25, 1990 particular neighborhood. Making it a conditional use doesn't. . .just puts that extra leap to make sure that the Planning Department take a little closer look at it before okaying it. Commissioner Faust: But Linda, on page 12 up under Class I Group Homes under C. . . Chair Martinez: Hold it. I am sorry. Commissioner Faust: It says that the number. . . Chair Martinez: Yes, I understand. Commissioner Faust: It says that the number of residents will be based on the density of the underlying zoning district. How many does that actually mean when we are talking about an MRG. Chair Martinez: Sixteen units per acre. Commissioner Faust: How many people does that actually translate into. . . Voice: Twelve. Commissioner Miller: Sixteen times five would be eighty. Lauri Anderson: This is Lauri Anderson. The rationale behind that was that the 16 would translate into number of units per acre. It doesn't transfer into people. It transfers into units. However, in group homes more typically you are talking about bedrooms or individual sleeping areas that may share a common kitchen. So what we are saying is that if you had an acre of land, you could presumably site a facility that had 16 bedrooms. If they were individual units, 16 individual units. Then as your acreage decreased, the number of bedrooms and the number of units you could have would also decrease. So the size is regulated by the density allowed by the zoning district. Commissioner Miller: Well, but a unit would presumably house three to five people frequently. And a bedroom would frequently house. . . Lauri Anderson: Probably two, maybe. One or two. Commissioner Miller: So they really don't translate. Lauri Anderson: Well it is the same translation that we use in our multifamily zoning districts. We don't regulate by number of people. We regulate by number of bedrooms or numbers of units. 36 Kent Planning Commission Minutes June 25, 1990 Commissioner Miller: Okay. Chair Martinez: That's why I'd like to have a conditional use on that one. I just think it has the potential for causing a problem we don't need to build into the system. Commissioner Chopp: Change it from P to C. Chair Martinez: Change it from P to C. Commissioner Miller: I guess I'm satisfied with the limitation being controlled by the zoning limitations, that a half an acre would be limited to eight bedrooms, essentially a whole acre, 16. Voice: That's houses. Commissioner Miller: Well, but she said units translate to bedrooms. Chair Martinez: And if it is only one bedroom, they can only be within 600 feet of each other. Commissioner Miller: But if it is only one facility. . . Voices: Right, Right, Right. Voices• (unclear) Chair Martinez: I 'm talking about MRG, which is suggested to be an outright permitted. And I am suggesting a conditional use for that one. Voice: (unclear) Chair Martinez: That would be only if they were built as little, tiny units. Then the separation and dispersal comes into it. Commissioner Miller: Well, except that it wouldn't if it was the same facility that happened to build little, tiny units. If it was one facility, they would still only be limited to 16. Chair Martinez: Wouldn't they be limited to one? Lauri Anderson: If a single piece of property were to decide that in their group home facility they were desiring to have 16 units, like in a multifamily type of an arrangement, the separation requirements are not within the property itself. And you will see in the definition of how you calculate the dispersion and the 37 Kent Planning Commission Minutes June 25, 1990 separation requirements that it is from the edge of the property line that is being affected. So it is from the boundaries of the property. So if you had 16 cottages or whatever, that's typically not a group home arrangement. But if that is the arrangement that you are thinking about, the individual cottages would not have to be separated by 600 feet. The whole development would be separated from another group home. Does that make sense? Commissioner Gregory: The dispersion and separation requirements do not apply to Group I. Lauri Anderson: Right. Are you talking about.. . Voices• (unclear) Commissioner Faust: I guess I 'm not really as bothered about that. Commissioner Miller: I 'm not either. Chair Martinez: I feel that in an MRG which frequently actually in our city is not great, big plots of land, but in fact are small plots of land (unclear) . . . it has the potential to have a more significant impact at that density than if those same folks were dispersed in either an MRM or over in single family where there in a four bedroom house with only four or six people in it, something like that. Commissioner Miller: But for an MRG we are looking at C. which would be 15 or more residents for an MRG that is already limited to a density not greater than 16 units per acre. I think that is limiting in itself in that you couldn't put a 1C home on a third of an acre, because a 1C by definition would have 15 or greater. An I. . . Chair Martinez: Yeah. Commissioner Miller: So I think it limits itself. Commissioner Ward: Fifteen or greater people as compared. . .I don't understand how you are correlating people with units. Chair Martinez: You can't. Commissioner Miller: You just assume that in a certain unit. . . Commissioner Ward: But you are not saying that. . . 38 Kent Planning Commission Minutes June 25, 1990 Commissioner Miller: I assume that. . .she says that bedroom equals unfit. I guess I am assuming that they are all going to be generous and have separate bedrooms. That may be too generous an assumption on my part. Commissioner Ward: I don't think they are going to plug these people into separate bedrooms. Commissioner Miller: Even if there are two in a bedroom. and you have to have at least a half an acre to do a permitted use under an MRG, and a half an acre is a pretty good-sized lot. Commissioner Faust: Can I add something, too. In group homes that have to deal with handicapped individuals, they have to have their own bedrooms. That's the rule. They have to have their own bedrooms. Commissioner Ward: Handicapped people have to have (unclear) Commissioner Faust: In group homes, handicapped people have to have their own bedrooms. You don't share. And that is what we are talking about here. _. Voice: And is that foster homes, too? Commissioner Faust: That' s foster homes as well. You have to have your own bedroom. If you have a foster child in your home, that kid has to have its own bedroom. I haven't worked in a group home but lord knows I 've been to enough of them. Every one of those kids has to have his or her own bedroom. So it does end up limiting the size of these facilities because the kids have to have their own rooms. They don't have to be very big, but they have to have their own rooms. And as well as having their own rooms, I frankly. . .why we have included 1C because if you are talking about the handicapped children, physically, mentally disabled, which is what we are talking about basically with a Class 1, logistically you just can't deal with that many handicapped or retarded individuals. You just can't. . . 16, 18, 20 sharing a common kitchen and all of that, you can't do it. Even if you are talking about disabled adults who are living in a group situation, you just don't have 20 of them living in a single home. The staffing requirements would be impossible. Commissioner Miller: Then why would we make it an outright permitted use. Commissioner Faust: Well, I 'm just saying that I think it is mute. 39 Kent Planning Commission Minutes June 25, 1990 Chair Martinez: I think any time we put something in,. we have the potential for it to be used. And I would rather, and if in fact it is. . .sort of an outrageous thing. . . I 'd rather either take it out and make it conditional use or something, for sure as sin if we put it in, it will happen. Commissioner Miller: I would like to take a small bit of issue with Tracy in that foster homes, state licensed foster homes not dealing with special needs children, just state licensed foster homes, they don't have to have a separate bedroom but a separate bed. In some group homes . . . Commissioner Faust: You're right. I was talking about handicapped foster children. Voices• (unclear) Commissioner Miller: Well, you know that sometimes kids do share a bed in our own homes. Chair Martinez: I was going to say that my kids have been deprived all their lives. Commissioner Miller: And the other thing is that there are some group homes where children do share a room, but probably not more than two to a room. So for consideration purposes, there are circumstances where they are allowed to share a room, but I believe that Tracy is correct that it is not handicapped children. Commissioner Faust: Well, I 'm willing to go along with Linda and make it a conditional use. I don't think that it is going to end up being that much of a problem, but I think your point is well taken. Commissioner Miller: I ' ll go along with that. Commissioner Ward: Let's go along with that Chair Martinez: Okay, but do we want to leave then the permitted uses for the Class II and deal with that at the area in separation. Commissioner Faust: I would rather. Commissioner Miller: Help me out for a minute and tell me what NCC is. Chair Martinez : Neighborhood Community Commercial. 40 Kent Planning Commission Minutes June 25, 1990 Commissioner Miller: So that is basically the Benson strip. Chair Martinez: Is that correct? James Harris: There's only one in the city and it is where the fire station (unclear) . . .I don't think we have any other. Chair Martinez: Community Commercial is the Benson. DC is Downtown Commercial, and O is office. And there is a lot of those over on. . .in the Benson area, but they are about a block deep, and they are close to. . . Voices: (unclear) Commissioner Gregory: I wonder if it would be a lot easier for us to make all of this conditional, or to go ahead and put it in the separation and dispersion. Commissioner Miller: I would be willing to make strip malls conditional, because those are the ones that really are in the neighborhood. Chair Martinez: Downtown Commercial. . .how many people live downtown? A lot of people. Commissioner Miller: Besides you. Chair Martinez : I wasn't going to make any. . . Commissioner Faust: I 'm not sure if there is any place in downtown that you can get 1,000 feet away from a home, church or park. I 'm not sure that they can. Chair Martinez: It would be difficult, I think. I don't know if it is impossible. Commissioner Miller: I don't want to throw in something new, but I am also concerned and more appropriately at separation and dispersement about bars. I'm not interested in protecting bars as I am the kind of people that are going to be housed very nearby. I 'm not sure that we should not include bars as a sensitive area. Voices• (unclear) Chair Martinez: Okay, let's get back. I would like to talk about the commercial office, the outright permitted for twos. What would you want to do about that 41 Kent Planning Commission Minutes June 25, 1990 Commissioner Miller: I would suggest that we change strip malls, which is CC, under Group Home Class II to a conditional use on Group Homes Class A, B and C. Commissioner Faust: And I'd rather just deal with it under D, Separation and Dispersion. Commissioner Ward: I 'm sort of reluctant about changing the matrix itself when these people have put so much time, effort and (unclear) and investigative process putting together this thing and saying that this is possibly where we have made the determination. I 'm kind .of skeptical of that. Perhaps we can deal with it . . . Commissioner Miller: I can appreciate that, but I am also trying to be sensitive to all the community members we have heard from, and I think they are very concerned about them, and I think that is the remaining area that would potentially them in the area that would put them within a one or two block radius of their homes. I think their kids go to the neighborhood strip malls, and I think that is one of my things. Kids traditionally, if you live in the Benson, they hop on their bike they and go down, because they don't have to cross busy streets to let your kids go down there, and I think that, trying to look at it from a community prospective, that would be my concern that it would have extra scrutiny that they could technically meet the separation and dispersement requirements. Commissioner Gregory: I think we listened to the concerns of the community and we should make it all conditional use permit. At least we have the scrutiny of the Planning Department in looking at it and bring it to a hearing when a conditional use permit. . .and members of the community could come and voice their opinions about whether or not it should be allowed in a certain area. Commissioner Miller: Well, I guess. . . in the commercial office, DC, CM1, CM. . . DC I guess is the other one that would not be conditional, I'm not as concerned about that, because I think you're not dealing with the neighborhood. I 'm concerned when you are dealing with the neighborhood. Because I don't want to make it so restrictive that realistically. . .everyone is made to jump through so many hoops that it becomes crazy. I am concerned, though, about protecting neighborhoods. Commissioner Ward: Do we have people living in -DC. Voices: (unclear) Commissioner Faust: That' s downtown. 42 Kent Planning Commission Minutes June 25, 1990 Commissioner Miller: Okay. I 'm . sorry. I was thinking of that. . .well, I guess the NCC, CC and DC all potentially. Commissioner Ward: Is there any designation here that we don't have people living that is commercial? Commissioner Miller: Those are the only ones that are remaining as permitted except office. Chair Martinez: And I think we can conditional use the other commercials simply because it may be inappropriate to site a home there rather than they will have any undue influence on the homes. You can imagine what places you don't want people to. . . I tell you what. We have had a lot of discussion. There is a motion on the floor. I would entertain a motion to amend that motion if someone wants to do that. Commissioner Faust: I 've forgotten what the motion was. Chair Martinez: The motion was to accept this siting matrix as presented to us. ~ Commissioner Miller: I move that we amend the Group Homes Siting Matrix for Class II A, B, and C under NCC, CC and DC and Office, changing them from permitted uses to conditional uses. Commissioner Ward: Is that a friendly amendment? Commissioner Miller: That is a friendly amendment. Chair Martinez : Is there a second to that amendment? Commissioner Chopp: I ' ll second it. Chair Martinez: Okay, there is a. . . is there further discussion on the amendment? And the amendment is to change from outright permitted to conditional use for Group Home Class II A, B and C to conditional use in all four cases. Voice: That's correct. Chair Martinez: Further discussion. Commissioner Chopp: They can still change that if the conditions (unclear) with the Council. Chair Martinez: That's right. They can do anything. 43 Kent Planning Commission Minutes June 25, 1990 Voice: What's that Frank? Commissioner Chopp: They can still change that back to P. Chair Martinez: The Council can change it back. They can undo this whole thing, but they don't usually. Commissioner Ward: You said Class II. Chair Martinez: Class II A, B and C. Is there further discussion on the amendment? Commissioner Ward: Question. Chair Martinez: The question has been called. All in favor of the amendment. Voices: Aye. Chair Martinez: Opposed. (silence) Okay is there a motion about Class IC. Commissioner Faust: Yes. Madam Chair, I would like to add a further amendment that under Group Homes Class IC that in the MRG residential area we change permitted to conditional use. Chair Martinez : Is there a second. Commissioner Miller: I would second it. Chair Martinez: Is there further discussion? Voice: Question. Chair Martinez: The question has been called. All in favor. Voices: Aye. Chair Martinez : Okay. We have not talked at all about Class III. Is there any discussion before we. . . Commissioner Ward: Nobody wants it. Commissioner Miller: My feeling was that all of Group Home Class III are conditional use. And that is as it should be. So I didn't feel that I needed to discuss it. Chair Martinez: The only thing I had is that I think that in terms 44 Kent Planning Commission Minutes June 25, 1990 of. . .particularly O, we might want to go to the separation from residential. Commissioner Miller: Where offices are near. . . Chair Martinez: Where offices are near homes. Commissioner Miller: Then we could take care of that issue under the separation. . . Chair Martinez : Right. Under D when we get to it. Commissioner Faust: Are you talking about. . .right now we have left Class II under commercial office. . . office, the O, we've left that as a permissive use. Chair Martinez: No. Commissioner Faust: We've made it as a conditional use. Chair Martinez: Yes. Commissioner Faust: That' s what I thought. Chair Martinez: I 'm talking about III, which is. . .they are all conditional uses. We have two choices. We can either, we have lots of choices, the two obvious ones or we can do separation, I mean dispersal from residential areas in that condition or when we get to conditional uses we can further. . .yes. . . Lauri Anderson: Just a point of clarification. The office zone is often used, as I stated earlier, as a buffer between a residential zone and a commercial zone. Probably the most significant piece of office zone is in a strip along 104th up on the East Hill. I guess our recommendation might be that if you are concerned about a separation from residential zones even with a conditional use permit in place, that you might just want to eliminate the office zone from consideration. Chair Martinez: Oh. Commissioner Faust: That is just what I was going to suggest we do. Would you like a motion. Chair Martinez: Yes, it is so much easier, yes. Commissioner Faust: I move that in the Group Homes Class III that we remove from even conditional use the following categories: NCC, 45 Kent Planning Commission Minutes June 25, 1990 CC, DC and O, leaving the conditional use possible only in CM1, CM2 and GC. Commissioner Ward: Why is that? Chair Martinez: Just a second. Is there second to that even for discussion purpose. Commissioner Miller: For the sake of discussion I will second it. Chair Martinez: Ok, now, Ray. Go ahead. Commissioner Ward: Why are you making that suggestion? Commissioner Faust: Well, because I can't help thinking back to what we did when we decided where pornographic theaters could go. And I think we ended up with three little tensy areas marked in yellow all of which seemed to be very near very large warehouses, and lots of very large warehouses, so I 'm thinking that perhaps this is not to say that a Class III home will ever be sited in the City of Kent anyway. But I think that if it is why don't we limit it even farther down to first of all conditional use permit,yes, but also narrow it down further so that it is strictly in the zone that we have already said is a zone that we consider safe quote unquote for certain kinds of activities. Commissioner Ward: Why couldn't it be extended on to industrial. Commissioner Faust: That' s what this is. Voice: No this is commercial. Industrial is M. . . Commissioner Faust: Oh, I 'm sorry. Chair Martinez: This seems inappropriate for health and safety for the people who would be in the group home. They could die of toxic poisoning and sue us. Their family would. Commissioner Miller: I guess my view is that conditional use permits give sufficient community as well as policy scrutiny that I am willing to accept it as it is proposed, because as long as it is going to be scrutinized and the community surrounding it has a great opportunity to be heard, then I guess I don't object to it being as the matrix is laid out. I just don't want to leave it where. . .and there is nothing here that would be a permitted use. My concern is Class II, where permitted uses are right next to a neighborhood. As long as they bear scrutiny, then I think I am 46 Kent Planning Commission Minutes June 25, 1990 willing to leave it to the people who will be scrutinizing it to make proper decisions with community input. Chair Martinez: I 'd like to speak in favor of the amendment simply because for these particular types of homes we are dealing with people who are very difficult people. They are not people we really want in any case. But since we raise them, some of them, and probably at some point we will probably we asked at some point to take some of them back. And I guess these neighborhoods, or these zoning districts, are close enough to where we conduct our own business that I think I could support just eliminating them. I'm not sure if that is wise, and we are not privy, unfortunately, to why people put a C there. Are we? Commissioner Miller: One of my concerns is that as long as it is going to bear full scrutiny, I was willing to accept the conditional use. I don't know. . . Chair Martinez: The problem with conditional use is that. . . it is in the newspaper and stuff. . . if you don't read the newspaper this week. . . Commissioner Miller: It's a close one. Chair Martinez : I'd kind of like to have. . .some folks have not spoken on this at all. I think we need. Commissioner Gregory: Well, I have a comment. I 'm in favor of leaving it as it is and just check it under the Section E when we can establish conditional use criteria. Commissioner Chopp: That's the way I feel. Commissioner Gregory: I don't remember exact points, but when we had our workshop we talked to the people from the committee and they had certain reasons for doing this. I can't remember the reasons now. I go back to what Ray was saying. They have done a lot of reasoning to support this. Maybe we can (unclear) when we go back to Section E very tough, that it can't be allowed in these three areas anyway. Commissioner Faust: Question. Chair Martinez: The question has been called for. We are considering an amendment to eliminate the possibility of siting a Group Home Class III in the commercial zones, NCC, CC, DC or O. All in favor. 47 Kent Planning Commission Minutes June 25, 1990 Voices• Aye. Chair Martinez: Opposed Voices• No Chair Martinez: Please hold up your hands. Okay, it is two to four. The amendment failed. Linda and Tracy voted for the amendment, and the others against it. So the conditional use maintains for Class III. Commissioner Ward: We' ll take care of it in another section. Chair Martinez: Are there any other amendments to the major motion? Voice: (unclear) Chair Martinez: That has been changed to conditional use. Commissioner Faust: Madam Chair, I move that we accept the matrix as it has now been amended. Commissioner Gregory: Second. Chair Martinez: Further discussion. Commissioner Faust: Question. Chair Martinez: All in favor. Voices: Aye. Chair Martinez : Opposed. (silence) Now we have some hard work ahead of us. Commissioner Miller: Madam Chair, I move that we adopt the separation and dispersion requirements for Class II and Class III Group Homes. Chair Martinez: Discussion. Commissioner Faust: Question. Chair Martinez: I have discussion. I would like to have parks in separation requirements. I would like to have parks added after religious facilities or institutions. 48 Kent Planning Commission Minutes June 25, 1990 Commissioner Miller: Could we say parks and playgrounds, because some of the little neighborhood playgrounds. . . Chair Martinez: I am also. . .would you like to. . .I think I would like to at least discuss adding residential areas. James Harris: Madam Chair, we know that Coleen Miller made the motion to approve separation. Who seconded it. Commissioner Faust: I did, Tracy. Chair Martinez: Is there anything that should be mentioned. Commissioner Ward: I missed the part where you want to put parks. Chair Martinez: In separation requirements after religious facilities or institutions add parks and playgrounds and other such uses that are deemed to be sensitive. And, as a result of the other discussion, we are going to put the residential areas, we are going to discuss that under conditional uses. Voices: I don't see any point to that right now. Commissioner Miller: I 'm back into bars and taverns, I guess. I 'm not sure that I think it is wise to place Group II or IIIs. Now I realize that they are primarily going to be governed by conditional use and they would consider it there, but I 'm not sure that we don't want a separation requirement from bars, taverns, lounges. Commissioner Faust: Well, how about liquor stores, too. Commissioner Miller: Well, I think that is taken care of by. . . Voice• zoning Voices• (unclear) Chair Martinez: (unclear) and I can't remember where, but I think it is in the. . . Commissioner Miller: Although all of them would be conditional use, now if I remember correctly. So maybe that becomes more mute with it all being conditional use, Its and IIIs now. Chair Martinez: We may get so muddled up in our. . . Voice: definitions. . . 49 Kent Planning Commission Minutes June 25, 1990 Chair Martinez: And the thing is we could come back to this when we are talking about the conditional use. . . Commissioner Miller: A good place for it. Chair Martinez: (unclear) and if we start spreading this out and see what the results. . . Commissioner Miller: But I do agree with adding parks and playgrounds. Chair Martinez: Would you make the motion. Commissioner Miller: I move that we amend the separation requirements such that on the third line after religious facilities or institutions comma, we insert parks and playgrounds before and other such uses that are deemed to be sensitive. Commissioner Faust: Second. Chair Martinez: Is there discussion on that issue? All in favor. Voices: Aye. Chair Martinez: Opposed. (silence) Okay. Is there further discussion on the separation and dispersion requirements? Commissioner Faust: Madam Chair, I move that we adopt the separation and dispersion requirements as amended. Chair Martinez: Is there a second? Commissioner Gregory: Second. Chair Martinez: Discussion. Commissioner Faust: Question. Chair Martinez: The question has been called. All in favor of adopting the amended separation and dispersion requirements. Voices: Aye. Chair Martinez: Opposed. (silence) We have the next two items, actually the next three, we can choose to do them in a number of ways. . .establish conditional use criteria which specifically addresses the nature of such land uses. We can do that any way we want. (unclear) So I would entertain a motion to implement that. 50 Kent Planning Commission Minutes June 25, 1990 Commissioner Faust: Madam Chair I move that we implement Action Item Two--Establish Conditional Use Permit Criteria for Group Homes. Chair Martinez: How would you propose that we do that. James Harris: You need a second. Chair Martinez: Coleen seconded it. Chair Martinez : How would propose that we do that? Commissioner Faust: Well, I propose that the Planning Commission do it and that we direct the staff to develop some sample criteria based on what we have done in the city and what is being done in surrounding cities and then make a presentation to us at which point we will take some public testimony and then come up with conditional use permit criteria. Chair Martinez: That we can recommend to the Council. Commissioner Miller: I could accept that. Commissioner Ward: I could buy that, too. Chair Martinez: Okay. Can we add to the implement by . . . Commissioner Faust: Shall I try again. Chair Martinez: Yeah. If the second will be withdrawn. Commissioner Miller: I will certainly consider her new suggestion. Commissioner Faust: I have to phrase this somehow. Madam Chair, I move that we, the Planning Commission, establish conditional use permit criteria for group homes and that we direct Planning Department staff to develop sample criteria for our consideration at a public hearing, and that the Planning Commission establish conditional use criteria and present them to the City Council for its approval. Commissioner Miller: I would second that. Chair Martinez: Will you withdraw your other second. Do we have that motion. Voice: I have it on the tape. ~ 51 Kent Planning Commission Minutes June 25, 1990 Commissioner Faust: I was trying to speak distinctly for Lois. Commissioner Ward: How are we pressed for timing. Don't you think we should ask staff. Commissioner Miller: I certainly would want their suggestions as to when this can actually happen. Commissioner Ward: Can that be part of the motion? Voices• (unclear) Commissioner Faust: I would like this to be presented at a workshop. Chair Martinez: My personal feeling is that this is something that we really need to work at. James Harris: We could get it to you at a workshop in August. Voices• (unclear) James Harris: Third Monday, the 20th of August. Chair Martinez: That is a reasonable time for me. Then we would spend that workshop working on it and then have the public hearing after that. Okay. And I would suggest that we at least notify the folks that worked on this so that all of the stuff that they collected can be available so that we don't have to reinvent anything. Is the question called. Commissioner Faust: Question. Chair Martinez: You all understand what we are doing here. Commissioner Ward: I don't understand your last statement. You said we notify the people, the committee that worked on this. . . Chair Martinez: To invite them to come to our workshop. Commissioner Ward: That's a very good idea. Chair Martinez: The question has been called. All in favor. Voices• Aye. Chair Martinez: Opposed. (silence) More work for the staff. Our next action item is to establish a city licensing program to 52 Kent Planning Commission Minutes June 25, 1990 monitor the location and nature of Class II and III Group Homes in Kent. It is closely tied to G, assign a staff person with a social services background to the periodic monitoring of group homes in Kent. Again these will come as recommendations, or they can come as recommendations from this body. Commissioner Miller: Do we need to address that today, or can we deal with Action Item 2 first? Commissioner Faust: I think I would prefer to either deal with it simultaneously. In other words either keep it for ourselves or release it to somebody else to deal with. Chair Martinez: I want to make sure that when we send this up, that this goes with it. However we do that. Commissioner Gregory: You want to make sure that the matrix (unclear) . Chair Martinez : With the monitoring and the conditional use and the parks. . . Commissioner Miller: We want to send a package. Chair Martinez: I don't want to send loose ends hanging out there. Commissioner Faust: Madam Chair, since we are already going to be taking the central position on Action Item Two upon ourselves as the Planning Commission, I think it makes perfect sense for the Planning Commission also to take the lead position on establishing the licensing and monitoring systems as well. Therefore I would like to make a parallel motion and it is this. I move that the Planning Commission authorize. . .sorry, strike that. I move that the Planning Commission establish licensing and monitoring systems and to that end that they direct the Planning Department and staff to develop licensing and monitoring guidelines that will be presented to us at the same workshop which we will be considering Action Item Number Two, and that the following week, August 28th I guess it is or 27th, that we will hold a public hearing on this as well, and that our recommendations, I 'm not done yet Willie, and that our recommendations will be forwarded to the City Council. Commissioner Gregory: Second. Chair Martinez : I have to say is there discussion of this item? Commissioner Ward: Question. 53 Kent Planning Commission Minutes June 25, 1990 Chair Martinez: All in favor. Voices: Aye. Chair Martinez: Opposed. (silence) Do we want to take up G or do we want to leave that. Oh, is that. . .I apologize. Commissioner Faust: Sounds like a good idea to me. Chair Martinez: Okay. We have dealt with this. We have actually dealt with half of this. The other half we will deal with at a further hearing. I need direction on this, Jim. I would like this to go as a package, so though we have made definite recommendations on Action Item One, you can hold it as far as the Council is concerned until we have prepared. James Harris: This is all one thing. . . (unclear) Chair Martinez: Is there any other business to come before this body? (End of Verbatim Minutes) Mr. Harris announced that the City Council has received a petition of 1, 600 signatures requesting the further reduction of densities in the multifamily areas. The Mayor's Growth Management Committee is being formed to consider this issue, and the Planning Commission will also be discussing this issue within 30 days after the committee has been formed. Chair Martinez suggested that the group homes issue be completed before hearing the density issue. ADJOURNMENT Commissioner Faust MOVED to adjourn the meeting Commissioner Miller SECONDED the motion. Motion carried. The meeting was adjourned at-- 10:10 P.M. Respectfully submitted, 0ames . Harr , Secretary 54 KENT PLANNING COMMISSION MINUTES August 27, 1990 The meeting of the Kent Planning Commission was called to order by Chair Martinez at 7:30 p.m. August 27, 1990 in the Kent City Hall, City Council Chambers. PLANNING COMMISSION MEMBERS PRESENT: Linda Martinez, Chair Tracy Faust, Vice Chair Frank Chopp Coleen Miller Raymond Ward PLANNING COMMISSION MEMBERS ABSENT: Elmira Forner, excused Greg Greenstreet, absent Willie Gregory, absent PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Lauri Anderson, Senior Planner Janet Shull, Planner Lois Ricketts, Recording Secretary KENT CITY STAFF: Carolyn Lake, Assistant City Attorney APPROVAL OF JULY 23, 1990 PLANNING COMMISSION MINUTES Commissioner Faust MOVED that the minutes of the July 23, 1990 meeting be approved as presented. Commissioner Miller SECONDED the motion. Motion carried. GROUP HOMES - ZCA 90-2 (Verbatim Minutes) Chair Martinez: I would like to reopen the public hearing. Is there (unclear) from staff. Janet Shull: This is Janet Shull of the Planning Department. Good evening. What I 'd like to do is go over three or four things tonight. The first thing is just to give everyone here an overview of what has happened to date, and, basically, if you want to follow along, there is a packet you have in front of you that, basically, Kent Planning Commission August 27, 1990 I will be following along. You could practically read along with me. I won't be totally reading it, but it 'goes in that order and I' ll be talking about what has happened to date, the Planning Commission's actions to date, some new information that the Planning Commission has in front of them tonight that was also . . . most of it you looked at last week in your workshop. And there are a few additional items that you had requested of us for tonight. And the third thing is going over what is left to act on this evening. So that is the order of my presentation. The last hearing on this item, that is the Group Homes report recommendations of the Group Homes Committee, the last hearing on this was two months ago. It took place on June 25th. That evening the Planning Commission made four recommendations or four actions on that report. The first one was to modify the current definition of family in the zoning code. Basically what that would do would put limits on the number of unrelated individuals in a family. It does other things as well, but that is the primary difference between what we have now in the zoning code and what has been recommended to date. The second item is to amend the zoning code to add definitions of Class I, II and III group homes. The third item being adding a siting matrix that would go along with those defined three classes of group homes. So for each class the matrix will specify whether that class of group homes is permitted, or conditional or not permitted at all. The Planning Commission did modify that matrix, and the modified matrix is contained in the packet that you have this evening. And basically those modifications were to make Class II group homes conditional in all cases where the committee had recommended in some cases Class II be permitted in certain zones. The Planning Commission has modified that so that in all cases they will now be conditional. And the fourth action taken was to adopt separation and dispersion requirements which would apply only to Class II and III group homes. And, again, there was a recommended modification that would add to the list of sensitive uses, parks and playgrounds. So the separation requirements would relate to those sensitive land uses and that Class II and III group homes would need to be at least 1, 000 feet from those listed sensitive land uses. And in the dispersion requirements being 600 feet, that any two group homes that are Class II or III must be at least 600 feet from one another. So, those four items have been acted upon by the Planning Commission. Tonight we are going to be looking at some other items that the Planning Commission directed staff to research in these last two months, and we've gone over these in workshop last week and so I ' ll briefly touch on what was presented last time. Essentially, what those items were that we've been looking at the last couple of months did come out of the group home report. They were recommended for further study of staff. But the Group Homes Committee themselves did not develop these items. They felt it was 2 Kent Planning Commission August 27, 1990 beyond their capability as an advisory committee, but they felt strongly about these items. The first one of those was to develop a licensing program for Class II and III group homes. The second was in conjunction to that to develop a monitoring program for Class II and III group homes. And then also to develop specific criteria that would be utilized for the conditional use permitting ; process of Class II and III group homes. The committee felt that our current list of eight criteria in the zoning code was not . . . maybe not enough and we needed to look at whether we need additional criteria to apply just to the Class II and III group homes. So these items we have done some research on, and I'd like to just briefly go over that tonight for those people who may not have been at the 20th, August 20th meeting. The first item is the licensing program. It is clear to understand that the purpose of the licensing program is not to take the place of state licensing which all Class II and III group homes would need some sort of license to operate. The city is not going to be giving out licenses to operate group homes. That is not our job. What we would be doing is using the licensing program primarily to implement the separation and dispersion requirements that would apply to Class II and III group homes. That procedure would be similar to that used in the city's business license program in that the applicants would need to come in, fill out a form that would ask questions such as where the group home would be located, who the contact persons are, who the appropriate licensing agencies are, etc. That would be kept on file and that would be required of the group homes. If they were to be permitted to be located in the city, they must fill out these forms. The license would be renewed annually, and the purpose of that renewal would be primarily to update the city on any changes that may take place in either the nature of the group home, the number of persons, names of the contact persons or agencies if they were to change within a year's time. So that is primarily how the licensing program would work. And it would serve the city as a quick reference form, sort of a one-page summary of where a group home is, who the contacts are, who is living in the group home, etc. If there is any need to do any quick referencing as to what was happening at a particular site, we would have that all summarized on one sheet, and appropriate contacts for the group home. And as I mentioned earlier, this would be useful once we get a few group homes that may be located in the city and we wanted to determine for the purpose of siting a new group home whether it was at least 600 feet from the others. This listing of group homes would all be in one place so it would be that much easier for staff to determine whether a group was meeting that dispersion requirement. The monitoring program that we have been proposing would be an ongoing process, and it would also have a staff site visit occurring at least once a year. But it would be seen as ongoing in that there 3 Kent Planning Commission August 27, 1990 may be times during the year that we would need to contact the group person . . . appropriate contact person or they may need to contact us. For instance, if there has been a change in who the contact person is or proposing some change to the group home, either the number of persons or something as a city in enforcing zoning code may be concerned with. And, again, monitoring by the city is not meant to take place of any monitoring that would occur by the state licensing agencies. We are not necessarily monitoring the operation of the group home, but we would be monitoring the group homes just to make sure that they have the same number of people that we permitted, that the type of people in the group homes are the same as those permitted, etc. Really what we would like to get across is that the staff role as we see it is to be a liaison between the citizens of Kent and the people that would operate the group home as well as the people who would live in the group home. That we see our role as that of trying to get better communication between the city and the group homes and see ourselves acting as liaisons. The staff person conducting the site visit would during that site visit be able to determine the following things: whether or not the home is operating as indicated on any conditional use permit that has been applied to them; whether it has passed the monitoring by the appropriate licensing agencies. We would not monitor them to see that they are meeting all their requirements. That is not anything that we would even try to pretend to know how to do, but what we would want to do is look at the report that the appropriate agencies have submitted to make sure that they have not found any problems. We would want to see that. And then we would also want to double check that they still maintain a current license to operate. If there is any chance that they could have had their license pulled and still be operating, it is probably very slim, but we would want to know for some reason that they had lost their license to operate. And the only other things that we would want to look at would be whether they had any complaint record, whether there had been any complaints during the year, and if so, had they been resolved. We would be interested in knowing that. From that we felt that we needed to develop a city policy regarding complaints. We hope there won't be a lot of complaints, but I think we need to be prepared for any that may occur if we have group homes II and III in the city. What we would like to do is assign the same person who would be doing the monitoring as the contact for complaints that the Planning Department may receive so that all complaints and all records could go pretty much through one person who would be coordinating all the records and information on Class II and III group homes. So, if and when staff does receive a complaint on a Class II or III group home, they would have to conform to the following procedure. It would be very important to notify the police if for some reason we would happen to be notified of a 4 Kent Planning Commission August 27, 1990 matter that would really be a police matter. I would hope that if someone was concerned with an emergency issue they would call the police, but if for some reason they called the Planning Department, we would need to make sure that we notified the appropriate agency. We would notify the appropriate code enforcement division if it were a code enforcement matter. If someone was calling because the landscaping of the group home was looking kind of grungy or there was a problem, maybe it was a parking situation, that would be something that the monitoring person wouldn't necessarily enforce. But someone in our department or perhaps the Building Department, if it was sort of a building code or a fire code issue, we would need to notify the appropriate person. And in all cases we would want to notify the contact person at the group home whether or not the complaint was a legitimate complaint. We would feel that that person would have the right to know that someone was unhappy with something that was happening on their site, so they would want to make sure that they were aware of any complaints that were occurring. And, if necessary, the staff person would make sure to notify the appropriate licensing agency. The reason I say if necessary, it may be that if someone is complaining about a landscaping issue, that may not be something that the licensing agency would be concerned about. If it had something to do with operational safety kinds of things, then the licensing agency would certainly need to be notified. The staff person would then log the complaint, the date, the name, etc, phone number of the contact person to keep in their records, and also would try to follow up and determine whether the complaint was resolved, whether or not it was legitimate, and if so was it resolved. What happened? And then the final item that we were concerned with in our issue of trying to deal with complaints and trying think of all the possible scenarios, one that developed was the concern that in some cases the Police Department may be notified but the Planning Department may not have any notification for whatever reason. That is something we are working with the Police Department on in order to receive notification of any complaints so that we can keep those in our records and be able to review those with the group homes at the time of the annual review or if more serious, before the annual review. What we have worked out thus far. . .this is something that we talked about last time and there was some question as to how far we can go as far as a person's right to privacy, and some records of the Police Department may not be . . . they may not be able to give them to just anyone if they are not a law enforcement agency. So what we are proposing to do is work with the Police Department so that we can be notified to the extent permissible under the laws that govern the individual 's right to privacy. The notification process may create a voluntary waiver which could be signed by an individual in a Class II or III group home saying that they are willing to participate in our notification process. I must stress, 5 Kent Planning Commission August 27, 1990 though, that would be voluntary. You could not force someone to sign a waiver, but I believe that in the case of Class III individuals, there are some rules that govern them as far as notification to the community that this individual may be in your community. - But in the case of Class II, I don't know that that is true. So, we would like to put that into place as well as work with the Police Department and see what they can tell us if not the person's name, at least that maybe an incident took place on a day so that we could keep that in our records in case these for some reason accumulate and become a problem. The other item that we talked about was conditional use permit criteria. And I 'd like to go over those real quickly. Basically, what we have proposed as staff is to add three criteria to apply to the Class II and III group homes when determining whether or not to issue a conditional use permit. And we need to stress that these are criteria, they are not the actual conditions. Conditions that may be applied to a group would relate to these criteria or they could relate to these criteria, but they would be very individualistic depending on the nature and the site of the group home and would be applied at the time a permit was issued. And I 'd just like to show this overhead that sort of puts these additional criteria into the framework of what we have currently in the zoning code. If you find this kind of hard to read, it is on page six of the handout, or it starts on page six. Basically the first eight are currently in our zoning code. They apply to any conditional use, not just group homes but any use that is either listed as a conditional use or subject to this criteria. And so, very quickly, the first one is that the proposed use and the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district. Second item. Is the size of the site adequate for the proposed use. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity. The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity. Adequate buffering devices, such as fencing, landscaping, topographic characteristics, protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects. You can see that some of these are rather generic. Others may apply more specifically to group homes. Excuse me. Other uses in the vicinity of the proposed site are such as. . . (unclear) . . .at the proposed use to function effectively. This was an important item to the Commission because it was something you actually asked to see and indeed it already exists. So we sort of met that. . .that request. Number seven. Proposed request complies with the performance standards, parking standards and other applicable provisions of the code, and then any other similar considerations that may be appropriate to that particular case. That sort of leaves things a little bit open just 6 Kent Planning Commission August 27, 1990 because we can't even guess as to all the uses that may come under conditional use permit requirement. The following three are criteria that staff is recommending be added to the zoning code and only apply to Class II and III group homes. It is important to understand that these would not apply to Class I, only II and III. But there are some cases where Class IC would be conditional. They would need to meet the first eight, but not the last three. So that is one way of seeing how you might use this if it were in effect. The first one is that the applicant must provide copies of the appropriate licensing criteria and rules they will operate under for city review. So that is an additional set of criteria in that one requirement that the city could look at to see if there was any special condition that we might need to place on a permit or whether or not we should even grant a conditional permit. That would be one other criteria that we could look at. The proposed Class II and III group home must meet the separation and dispersion requirements. That ties through this requirement our requirement to make Class II and III subject to separation and dispersion. And the final requirement being that the operating characteristics of the proposed II and III group homes be such as to ensure a means for ongoing communication with the city. This includes identification of appropriate contacts for establishing 24-hour contact availability. This criteria would deal with being able to. . .the proposed group home being able to meet our licensing and monitoring criteria, and we need to see that just because we have this program The framework within which the group home would operate would allow us to make a site visit annually and have some kind of communication with them. We would want to make sure that someone was there and was going to talk with us if it was necessary. So that is what we would need to see. So those are the three that we are recommending be added to the zoning code for II and III. When we were talking about. . .well, I guess first I 'd like to talk about code enforcement, and then I will get into the licensing language. When we were talking about conditional use permit criteria, there was a lot of questioning and concern about where we could put the requirement for licensing in the group homes. I guess I ' ll go ahead and mention that now. It is mentioned on page nine, and it is part of the recommended action for this evening to adopt this language and add it to the zoning code, but basically what we are recommending is to place that in the zoning code under the definition section where the definitions of the group homes and the requirement for separation and dispersion are clearly listed to. . .along with that list the requirement that license be obtained by the appropriate agency and include the city licensing requirement as well. So we felt that in looking through this material that this was the most appropriate and clearest place to put them, and then a condition could be applied as well that would tie in to that formally through the 7 Kent Planning Commission August 27, 1990 conditional use permit process. But this way it clearly states that it is required in the zoning code. We have also prepared some information on code enforcement that was something people wanted to see exactly how code enforcement would work if it was necessitated, and that is on page seven in the handout. Again, as a Planning Department we can only be concerned where violations of zoning law, of our zoning code, of the zoning permit. We cannot be concerned with. . .we can be concerned, but we cannot enforce violations of criminal law or violations of license to operate. If they are operational violations, we, as a Planning Department, cannot enforce that legally. I just wanted to make that clear right off the bat. Examples of things that we may need to enforce that are zoning issues are issues such as parking violations, signage, landscaping maintenance, or violations of any condition that may be placed on a group home through our conditional use permit process. Section 15 dash 09 100 of the zoning code outlines the procedure for enforcing zoning code violations. And zoning code violations are considered a misdemeanor and are subject to a fine of up to $100 for each day the violation remains in place. Individuals can be subject to imprisonment if they participate, assist or maintain such a violation. So that is legally what we could do if there is an enforcement issue or violation that exists. Section 15.09. 080 of the Kent Zoning Code allows for revocation of permits if any of the conditions or terms of a permit are violated. So, if for some reason a Class II or III group home were to violate one of its conditions established in a conditional use permit, for example, more people residing in a group home than we've permitted, so if we say and through our zoning code you are allowed up to ten and for some reason we are aware that there are fifteen people living in this home could attempt to revoke the group home' s permit if they do not resolve this problem. So the process for revoking a permit would be to hold the hearing in front of the Hearing Examiner for both sides would have the opportunity to present the case, and then the Hearing Examiner would make the determination whether the permit needs to be revoked or whether other mitigating actions may be necessary. Commissioner Miller: Janet, may I ask a question. Janet Shull: Umhmm. Commissioner Miller: I think the harder question is if they are allowed ten and then consistently have eleven. Fifteen is pretty clear. What if it is eleven or maybe occasionally twelve. Do you have any feeling about how strongly it is going to be enforced and what the Hearing Examiner is likely to do if it is a slight infraction rather than a major infraction. 8 Kent Planning Commission August 27, 1990 Janet Shull: I don't know. Personally I do not have a lot of contact with the Hearing Examiner to really feel that I know how that person would view it. I assume it would go to the Hearing Examiner and I would be guess, but say it is a lesser violation, I don't know how you would make that determination that maybe in the eyes of the Hearing Examiner it may be a lesser violation, maybe they would say. . .try to impose mitigating rather than revoking the permit. They may say you have six months to. . .I 'm just guessing, I have no idea, but, for example, they may say we'll give you six months to find this person another home. If not, your permit is revoked. That may be a reasonable type. . .maybe someone from staff can jump up here if they have any better ideas, but. . . Lauri Anderson: Lauri Anderson with the Planning Department. I think that's really hard question to answer. . .certainly if they are over, they have a number of people that's over the requirements in the permit, they are in violation. And I don't think there is a lot of room for interpretation. There would need to be some decision made. What the Hearing Examiner will do is not something we can predict. Commissioner Miller: But the referral would be made. Lauri Anderson: I 'm sure that it would. Commissioner Faust: That' s sort of what I was going to say, Coleen. I know you couldn't attend last week, but we've set out these classes. If it is a Class IA or IB and they are over the limit, they are no longer that particular Class IA, and so something would have to be done whether they were one person over or five people over. James Harris: Can I make a comment that is relevant to the Near East situation. You would just say get out, and we wouldn't mediate too much. You know, the head of the UN is going to try to talk to the head of Iraq. We may do some minimal talking and say that you have a month to get this person out of there, but then we'd take it to the Hearing Examiner. Now when it goes to the Hearing Examiner, you are in a different form. All we can do is present our side. They present their side, and it is kind of a judicial, quasi-judicial situation so we can't sway things, maybe, as much there. But here is possibility of appeal on from anything the Hearing Examiner does to City Council. That's the way I think we would treat it. . . (unclear) . Chair Martinez : But if our code says ten and there are eleven, it seems to me a whole person's violation. It's not like. . . 9 Kent Planning Commission August 27, 1990 James Harris: Move that person out is what we would say. Chair Martinez: I think where it becomes sticky is where you have ten people, one of whom is ,getting ready to move out and you are moving the replacement in and there is going to be an overlap. Those are the kinds of icky ones. If we say ten and there are eleven, that' s a violation. Right. Commissioner Chopp: My question is how do we find out if we can't go over there and say we want to inspect your place. James Harris: We may get a complaint from a neighbor. We may get the state licensing agency looking into it and as they do sometimes in day care facilities. They will say it's closer to you, you take care of it. And let us know what the problem is, although I think the state licensing agency is more likely to come down harder on them earlier and quicker than anybody else would. Commissioner Chopp: But there is nobody monitoring them to find out if they are. . . James Harris: We' ll be monitoring them once a year, so that's one way of looking at it. If something is getting out of hand in that one year, we' ll catch it sometime. Commissioner Miller: Then there will be an agency, I would very strongly presume, that will be paying per resident. And if you are very often paying for more residents than they are licensed for, they may be a source of violation not to us but will eventually come to our attention. That may be one of the sources that it will come from. Chair Martinez: One thing we haven't included, I don't know if it's relevant or not, but it seems to me that as part of the code enforcement that there should be a way of almost instant and automatic revocation of their permit. They lose their operational license. I mean, it seems like it should just be instantaneous particularly that they lose their operating, because we are depending on the operational license. . .or the operational. . .the organization that licenses them to do the actual monitoring of that operation. And if we use that monitoring .device, I think we are in a very odd situation. I think we should have some provision to instantly revoke their permit. Is that legal? Voices• (unclear) Chair Martinez: Absolutely. 10 Kent Planning Commission August 27 , 1990 o through all these Fred Satterstrom: (unclear) couldn't we g quest when you presentations and then come back to all these q are in the deliberation of the ordinance itself. . . (unclear) . . . Chair Martinez: Okay. Thank you. Commissioner Ward• But we only have one. . . (unclear) . . . le of one case where a ermit. It is also important Janet Shull: I wanted to use that as an exam we may need to look into revoking because I think in that case the lace was to see it as another layer, that the p licensing agency would be foremost lhe enceeingrevoking the license shut down. I would think that teo le moved out if they took away th took away their funding as well. I would want to ensure that the P p operate What this their license and Supposedlylayer of think it would be very difficult for uirements panother lay on to does is tie in through zoning agencycalled up enforcement. . .that we wouldnIt be requirement the lwecould tie into that enforce. Through a zoning licensing requirement. I just wanted to use that as an example- was for some it would immediately stop operation, Commissioner Ward: I would think that if licensing agencies, reason stopped or revoked, of these because there would be no money uld opera o and most the basis g of the particularly a group home, allocation of funds for its operation. Janet Shull: Right. But it is imp ortant, I think, for the that is what this does. And basically that leads community to feel that there is a mechanism for us to be overseeing that as well, so goes in that just into the closing remarks as far as enforcement wanting to clarify again that violations of criminal operation and violations of state laws governing the licensing P Class II and III group homes are not subject to City Planning Department enforcement unless they are something that we can specifically relate to a specifically tie in with a condition or sP a criminal zoning code requirel problem beainvest gated and incident actedupon by the action or operational p we would make appropriate agency. If the complaint came to us, of to the right person, and they would be the agency that sure it g problem if it existed. And then just would enforce that particular p criminal law or to clarify to the extend that a violation roup home is tied tog II group governing the operation of Class II or I can zoning permit. Such violaenforced through gong over be licensing langu geaaslto Department action. And I did g so basically I 'd like to where we are suggesting implementing a that, actions you have before close with the recommendations for p you tonight. And there is basically two actions that remain. The 11 Kent Planning Commission August 27, 1990 first one being to amend the previously approved definition of Class II and III group homes to add the language which concerns the monitoring and licensing requirements that are shown on page nine in bold face and underlined type. That's what we are recommending be amended to what you have already approved. And then the second item being to amend the zoning code to the three additional conditional use permit criteria which again would apply to Class II and III group homes. And those are shown on page nine as well: So, those are essentially the two actions you have before you tonight. And if there aren't any more questions for me, I guess it's yours. Chair Martinez: I have one. When you log a complaint, where do you log it and how does it get in the history of the agency that we would be tracking. How does that get connected? Janet Shull: Each agency would have its own file, and then there would be a staff person in our human services department that would have a social services background that would be assigned to the monitoring. So that person, as I see it, and someone else may have a different. . .but as I have been seeing this as developing is that person would have charge of those files, and all the information on each particular group home would go into that file. Again, we are talking only about Class II and III, not all group homes in the city, just II and III. And currently we don't have any, I believe. Chair Martinez : It wouldn't be a log of all the complaints we've had about II and III, but it would in fact be a log of all the complaints we've. . . Janet Shull: No, and that would work in conjunction with the monitoring system so that when you go to that site you take that file and have the history of what happened last year and this year. Maybe they are doing better this year or not so good this year, and so you would have the history for each group home. Commissioner Chopp: I 'd like to add something to that, when you mentioned having the authority to close them down, and I think that is rather (unclear) to closing a home like that, because these people are depending on the home. I don't think we should have to close it, but correct the problem rather than close them. Because if you close them, where are these people going to go. Janet Shull: That's a very good point, and I think our hope is that it very rarely would come to that, but that issue would be resolved before it came. . . I think the people that are running the group home would tend to be cooperative because they are dependent on state money, perhaps private money as well through donations. 12 Kent Planning Commission August 27, 1990 I would think they would want to cooperate. I don't think they would want to be shut down, and I would be very surprised if it came to that, but we do need to have these mechanisms in case for some reason people were uncooperative and there were problems. I think people in the community want to see that, but on the other hand I think your point is very important that we don't necessarily want to be running people out of town on the least little thing. That we would want to work with people, that we do want to have some mechanism if we need it, so. . . Chair Martinez: Are there any other questions? Do we have a sign- up sheet? Janet Shull: There is one right up here. Chair Martinez: Did any one sign up? Voice: (Unclear) Chair Martinez : But we have someone who would like to speak. If you will step to the microphone. w Jack Cosby: I 'm Jack Cosby. I live at 525 VanDeVanter in Kent. A number of questions are in my mind. I guess I ' ll start off by saying that on the face of it I am against Group Homes I, II and III. There is a petition before the City Council right now complaining about multi units, and what is being proposed here is something like putting up multi units, but not multi units by definition. I hear you people and I don't know all of you, but the ones I do know I certainly respect. I hear you guys saying we' ll close them down. Can we do this? You don't know. I know you don't know. Nobody knows. So you get some problems and you're going to have citizens screaming and yelling even before the problems come up, so I 'd say on group homes II and III, I 'm trying to keep this short. What ' s in it? What are we doing? Why are we doing this? It is nice that group homes are needed, certainly, probably true. I 'm sure it is true. But what is in it for the City of Kent? Okay. Then going to group homes I, opening a group home in a neighborhood of single family residences. Maybe you should think about allowing mother-in-law apartments in single family residences, maybe you should think about allowing duplexes, because that is what you are doing. You are saying you can have a group home and you can have ten people in it, but no you can't have a duplex there and you can't have a mother-in-law apartment there. Think this thing out. I really don't want a group home in my neighborhood I, II or III. I don't want it. And I think there are a lot of people out there who won't. 13 Kent Planning Commission August 27, 1990 Chair Martinez : Before you go are there questions. I have some if you don't. Commissioner Faust: Go ahead. I don't have a question, just a comment. Chair Martinez: You do understand that we are not, for Class II and III, we are not approving any Class II or III at this time. We are just putting the conditions in should someone approach us that we would have some conditions whereby we would have some control. As I understand, it right now there is very little control over what would happen should an organization like a group II or III comes in. They are conditional permits. We don't have all this apparatus in place to make sure that the city is not harmed. You do understand that. Jack Cosby: If you are saying that. . .okay, what I am saying is that I am against them in Kent. And if you are saying, well right now there could be some and we don't have any apparatus, then I 'm saying I 'm against them. James Harris: May I interject something, Madam Chair. I think there may be some confusion because Mr. Cosby's discussion or dialogue goes along the line that we are allowing a kind of a quasi multifamily, which would indicate that we are allowing these in R1 or single family. The only ones we allow in single family are the Class IA, which are kind of controlled by the Federal Fair Housing Act, and every Class IB, IC, Class II and Class III, none of those are permitted in single family residential. First time they show up is in multifamily. And then some of them start showing up as conditional use permits multifamily, which makes it even tougher. I just wanted to clarify that. Chair Martinez : Thank you. Commissioner Faust: That was the clarification that I wanted to make, Jack, is that the only group homes that are going to be allowed in single family areas are going to be group homes in Class I that are six people or fewer. And by definition of family, we have decided that that is a family. Six people, only now they don't have to be related any more, but it is six people. And on the other thing, and I know this is one of many reasons why we are doing this, but as far as what is in it for the City of Kent, a lot of these people will be Kent citizens, so it is our citizens, and it is not necessarily somebody else' s citizens, it is our citizens who happen to need a different kind of home arrangement. So, as far as what is in it for Kent, one answer to that at least is that it is Kent's way of dealing with its own citizens. 14 Kent Planning Commission August 27, 1990 Jack Cosby: There's no guarantee that they would be Kent's citizens. Commissioner Faust: Absolutely none, but we do know that there are people in our community out there who fit these three. . .certainly the first two classifications. I don't know about the third. Jack Cosby: Sure Commissioner Faust: And I 'd just like to reiterate what Linda has said and that is that II 's and III 's as conditional use permit, and I, as an attorney, would rather. . . I 'd feel a lot more comfortable having these conditional use criteria in place and having the City of Kent be prepared in case something comes up than having us not be prepared and suffer the consequences of not being prepared. And you probably know what happens, Jack, about what happened with the City of Renton trying to regulate after the fact where an x-rated movie theater went, and they ended up going all the way to the Supreme Court on that one. And they lost. And one of the reasons they lost was because they didn't have the criteria in effect ahead of time. I consider this insurance. Whether we ever have a Group II or Group III home in this city, this is insurance. And I feel real comfortable about that kind of insurance for the city. Jack Cosby: Great. I appreciate that. Chair Martinez : Questions. Commissioner Miller: Madam Chair, I just want to make a brief comment to the question of what is in it for the City of Kent. All of the children, all of the young people will not be from Kent. Right now the kids from Kent are going elsewhere and another community is taking care of them. But it is simply taking care of our own kids. Not all of these kids are violent. Not all of these kids are dreadful. Some of these kids need some place to live, and they are going to come back to our community. And I think we need to give them as loving and positive an environment to live in as we can, because they are our kids, whether they are from Renton or whether they are from Auburn. We may get some Seattle kids, but right now some of our kids are going to Seattle and Tacoma. I can't think of all of the places that there are group homes. They are our kids. I would not turn away one of my children who was ill or sick. I presume you wouldn't. I wouldn't turn away my parent or someone else who had a problem, and I think the community of Kent is very much like a family with the same responsibilities. We need to take care of our own people, our own citizens. Some of them will be from someplace else, but our kids are also going elsewhere, so I think on balance it will work out. 15 Kent Planning Commission August 27, 1990 Chair Martinez: Other questions, comments. Thank you. Jack Cosby: Thank you. Chair Martinez: Is there anyone else who wishes to speak. Sir. Identify yourself, and then come up and sign in. Leon Adams: I am Leon Adams. I live at 244th and 35th. Tracy, you were mentioning maximum of six in Class IA, which would be single, and now I see a maximum of ten residents, including resident staff. Now is that. . . Commissioner Faust: What page are you on? Leon Adams: I 'm on page two. Am I on the wrong spot or. . . Commissioner Faust: No, you are on the right spot. I correct myself. It was a maximum of eight, not six. Thanks. Leon Adams: Now that is in a single, how do you classify that. A single dwelling, which would be what. . .a three-bedroom house or how is that classified. I am not totally sure. Commissioner Faust: There is no classification. It is just a single family dwelling. Leon Adams: A single family dwelling. Okay. Is there any maximum, I mean, does it have any stipulations two bedrooms, or that type of situation. I see that like a three bedroom house with ten people in it. I see that as being overcrowded. Commissioner Ward: Oh, it may be, but someone corrected me before in the sense that if the kid or the person that is handicapped, they only allow one per room. Isn't it, therefore, the state's regulation and what have you would determine how many bedrooms. If they were handicapped, if there were six people there, there would be six bedrooms. Leon Adams: Right, and that' s a handicapped situation. But what about . . . Commissioner Ward: Some other situation. . .by the same token I would assume they would probably (unclear) . Leon Adams: Okay. All right. Are there any guidelines to that, I mean are there "x" amount of bedrooms that you only can have. Can they get five people in a bedroom or something like that, I 16 M Kent Planning Commission August 27, 1990 guess that is my question. If the house has only three bedrooms, what's to stop them from putting ten people in that house? Commissioner Faust: What's to stop them from doing that now? What's to stop a family with a whole bunch of kids having a three- bedroom house and having all the boys in one room and all the girls in another. It can be done right now in any single family area in the city. Leon Adams: I agree with you. Commissioner Faust: There's no restriction now. What we are doing is simply saying this is going to be considered a family unit. And as Ray was saying, a lot of licensing places do have restrictions, but there is nothing to stop anybody right now from doing that in the City of Kent. Leon Adams: Do you consider that safe? Commissioner Faust: It is not up to me to decide whether it' s safe. The City of Kent doesn't have, at least it is my understanding and I see the staff here jumping up and down, it my - understanding that the City of Kent doesn't have any authority whatsoever to tell a family how many people they can put into a bedroom. There might be regulations that the Fire Department can impose for safety reasons, but the City of Kent looks into people 's houses and say whoops, you have got one person too many in that bedroom. Leon Adams: We 're discussing this, right. Commissioner Faust: It's like anybody else who moves into that neighborhood. Lauri Anderson: May I make a comment. Chair Martinez: Yes. Lauri Anderson: This is Lauri Anderson with the Planning Department. Tracy is correct in terms. . . if a family were to move into a single family home, certainly we, as a Planning Department, don't tell them how many people they can have in a given bedroom. I really want to reiterate the fact that there are for (unclear) Class IA's there are fire safety requirements, particularly for handicapped, children, and that kind of a situation, when we are not talking about unrelated, able-bodied people living in the same house. There are restrictions, and your concern is very valid, and there are health/safety requirements that would have to be met. 17 Kent Planning Commission August 27, 1990 You couldn't cram six handicapped persons into a bedroom in a group home Class IA. Chair Martinez: And you can't be a foster home and put. . .there is a limit. . .there is an amount of per square footage that one has to have to be permitted to be a foster home. Leon Adams: I was just thinking about numerous amounts of cars or that type of situation if they get a lot of people. Just something to think about. What. . .also, is there a. . .what am I trying to say here, in a Class II and III there was a process if there was continuing complaints or something that was done, is that not affected in Class I. That's just a question. . . Chair Martinez: No. My understanding is, correct me if I am wrong, we are the jurisdiction for. . .Class I is like a protected class in the same way that those of us who are in a certain age group are a protected class. Voices• (unclear) Chair Martinez: And so group IA is indeed out of the jurisdiction of Kent in terms of those sorts of things. The fact that we include them sort of acknowledges that we have included them, if I am not. . .have I stated that correctly? Voice: They are protected, handicapped and etc. are protected by the Fair Housing Act and are to be given the same rights and privileges to live where they chose in the city. . . (unclear) Chair Martinez: Actually, we have said that a nonhandicapped person living in a family, six persons not related by blood could live there so. . . Leon Adams: Is there any way to give priority to Kent individuals? Is that at all possible? Chair Martinez: I don't think so. Voice• No. Commissioner Ward: The state regulations would make the determinations of assignment and what have you. And I don't know whether they would separate. . .Kent residents are going somewhere else now because we don't have any. All of this is about preparing for the eventuality that a sponsoring agency does make application in order to bring a Class II or Class III group home into Kent and whether that happens, and if it happens then by the same token we 18 Kent Planning Commission August 27, 1990 have some regulation in place within our code requirements in order to govern, at least to some degree over what we have presently. That is what this is all about. Leon Adams: Are there other Class I groups in Kent? Commissioner Ward: Class I groups can go just anywhere. I 'm sure we do. Chair Martinez: We don't know. Basically, we don't know. Commissioner Miller: To answer a little bit your question, it is somewhat self limiting because families generally want to visit their children, so you generally get kids from a common area. They won't all be Kent, I would strongly guess, but they may be South King County kids. And the further away they are, you may occasionally get some because there won't be space available someplace else. We may get kids from Pierce County or from North King County just like if homes were full here, they may go to these other jurisdictions. But you want to keep kids as close to their family as you can, so I think that it is a little bit self Y limiting, but it won't work perfectly just by nature of when beds are available and what is available. Leon Adams: Thank you. Chair Martinez: Thank you. Please come up and sign in. Thanks. Bureaucracy. Thanks. Is there anyone else who wishes to say anything. I would entertain a motion to close the public hearing. Commissioner Ward: So moved. Commissioner Faust: Second. Chair Martinez : All in favor. Voices• Aye. Chair Martinez: Okay. I would like some discussion. I assume there will be some of what. . .of the suggestions that have been brought to us for entering the definition. . .changing. . .amending the definition that we have already accepted. That would be the first one. And then some of the additional conditions. So. . . Commissioner Faust: I don't have any, Madam Chair, I don't have any discussion on the definition. I do have some. . .a comment on some of the things that Janet went over tonight, so if there is discussion on the definition, I ' ll hold off. 19 Kent Planning Commission August 27, 1990 Chair Martinez: Okay. Does 4Lnyone have any problem with the definition or want to clarify anything? I think this is the spirit that we talked about that, you've met the spirit of what we were talking about in workshop, that is making sure that our license is right in line with making sure that the organization is licensed to do whatever they are going to do. Any other comments about this one? Okay. You're on, Tracy. Commissioner Faust: Great. I want to say that I feel a whole lot better after hearing what Janet has said about how we are going to add additional conditional uses and how we are going to monitor and enforce the group II and III homes. That was. . .anybody who was here for the first public hearing knows how serious those issues were to the people who were here at the meeting that night, and I 'm sorry that some of those people aren't here tonight, because I think that some of their fears would have been allayed, and I am really pleased to see the information in here on monitoring and the kinds of at least limited controls that Kent can place on these homes have indeed been placed. And I feel real good about that and I have every expectation that Mr. Price will duly report that in his article so that the people who couldn't be here tonight are at least given some assurances, because I know that was a big deal. I feel better about it, and I feel a lot more comfortable about voting for the rest of this knowing that we do have some monitoring procedures in place, and that we do have a procedure that, if necessary, can actually yank a conditional permit if it comes to that. So I am prepared to vote for them now that I know that. Chair Martinez: I did have a question, and that was is there . . .we said that as an ongoing monitoring process and one would expect that they would. . .you talked about the 24-hour communication which would mean that when the contact changed, they should let you know. Those sorts of things. Did you think of it. . . Am I doing that? James Harris: No, it' s the (unclear) . Chair Martinez : I thought I was doing something. Sorry. Just because I 'm not paranoid doesn't mean I couldn't do it. Did you consider that there was any time when we should build into this business license "thingy" that they should immediately contact us. I mean, that would be built into this whole thing. They should immediately contact us when. . .perhaps the population served has been changed, or the licensing. . .sponsoring agent has changed. Because I imagine that could happen, not usually, but it could happen and it could happen between monitoring visits. And then that the contact names could change. Did you consider that and what did you think about that. 20 Kent Planning Commission August 27, 1990 Lauri Anderson: This is Lauri Anderson with the Planning Department. We discussed this at the workshop last week. By making one of the criteria for reviewing a conditional use permit, they provide a sort of a system to ensure that we have 24-hour contact availability. What we are doing is putting the burden on them to think about how they are going to do that, and they are going to present to us with their application some kind of a means for doing that. In other words what we are asking them for is a plan of action. How are we going to know that we will have 24-hour contact availability? Is that. . . In other words, if they come to us and say well, we are going to fill out your license and that way you will always know how you can reach us, that doesn't ensure. . . Chair Martinez: Right. Lauri Anderson: . . . it has to be more comprehensive than that. They have to ensure a means so that we would always know. And of course that would entail notifying us if the contact changes. Now we could, I mean if what you are asking is that we add a phrase, for example, to the licensing form that says that if there is a change in any of this information, your responsibility is to immediately notify the Planning Department at 859-3390. Commissioner Ward: Sounds like application (unclear) . And you could have certain questions on the licensing application, an asterisk or something of sort, and a footnote to say any change to any of the above requires immediate notification to the city. Then you basically cover it. Lauri Anderson: We could easily do that. Commissioner Ward: And if they don't, then it is a violation and we could complain like anyone else and go through our conditional use process in order to do something about it. Lauri Anderson: Okay. Chair Martinez: I guess the problem I 'm having is ensuring a means for ongoing communication with the city is one thing to me. But if you said ensure a means to identify appropriate contact, the appropriate contact, the appropriate 24-hour contact so this is really clear what one wants there, which is we want to know all the time who that person is. We don't necessarily. . . it is not to. . .yes it is, I was going to say it is not to ensure communication. What we really want here, unless I am badly mistaken, is we want to ensure that we know who the responsible party is at all times. Isn't that what we want? Communication is lovely, but we want to 21 Kent Planning Commission August 27, 1990 know who is responsible. And I wish we'd say that. Is that too straightforward for some reason. Lauri Anderson: We come back to the issue of criteria versus conditions. Chair Martinez: I know that. Lauri Anderson: Okay. And as a criteria, I guess what we were looking at is how we could word that to ensure that they would put before us a system to guarantee that we would always know that person. And by putting it in a criteria telling us who the person is, by telling us who the person is doesn't solve the problem. We need to hear about the system. How are they going to keep us notified who the person is? Maybe I am getting confused. Chair Martinez: Maybe you should say that. Maybe you have and I 'm just reading it. It seems to be a little turgid. Now what it seems to me, it seems to me it has a potential for being misunderstood. Lauri Anderson: Okay, so your suggested change is. . . Chair Martinez : Is that. . .precisely what you just said. Fred Satterstrom: Some legalese here for you. Carolyn Lake has been kind enough to come up with some language that might help to go on our license, not that you have to adopt it. But she has suggested that any change in the above information requires immediate notification to the Kent Planning Department. Failure to do so is a violation of licensing requirements and may result in revocation of license or conditional use permit. Chair Martinez : Yes. Yes. Yes. Commissioner Ward: Isn't that what I said earlier, though. Chair Martinez : You said it so plainly. She said it so elegantly. voices: (unclear) Lauri Anderson: Okay, so that deals with the license issue, but in terms of the criteria. . . Chair Martinez : Then I am very happy with this language, because that issue then. . .communication then is the issue here, not that one particular. . . and that satisfies me a great deal then. 22 Kent Planning Commission August 27, 1990 Lauri Anderson: Okay. Chair Martinez: Is there any other discussion? Commissioner Chopp: I 'd like to make a comment here because I think the way this is written up is pretty forward about everything and I don't think they have left anything out. But did we ask some other people who are familiar with group II and III homes, did you see what they had written up. Is there any guidelines that you used to write up these here so we don't lose out on something. Should we check with somebody, or did we leave anybody out. Janet Shull: This is Janet Shull of the Planning Department. As far as I know, this system that is being proposed is the first, at least in this area. I mean I don't know of any other cities that do anything like this. Now there may be some and we are just not aware of it, but when we did look at neighboring jurisdictions, to our knowledge none of them. They may apply conditions through the conditional use permit process that would get at some of these things, so some of the things we've looked at. . . We've looked at conditions on existing group homes to get some ideas as to how we W may want to write up some criteria, but to my knowledge there are no other cities around Kent. There may be some in the nation somewhere that have a special system of monitoring and licensing and special conditional uses, so we may be a first. So, there are some good things and bad things about it, maybe, but it is something that our committee, and our commission and our public seems to think it is important to have. Commissioner ward: Group homes have been in existence for a long time, and I am assuming that Class II and Class III I know were in existence in the early seventies in Seattle. But the question, I gather, is whether Seattle had anything in place to cover themselves as far as the location is concerned. Perhaps we could ask the Planning Department at Seattle as to whether they (unclear) . The Model Cities funded group homes and they were Class II and III type. They were for criminals and for people that did (unclear) and the whole basic smear. And I was with the program at the time. Fred Satterstrom: We've definitely plowed some new soil on this one, because not only have we gone to the distinction between the different classes of uses which we 've seen other jurisdictions use, but you have also added separation and dispersion requirements on top of that. That is kind of a new wrinkle. And the licensing and monitoring and special conditional use permit criteria definitely is some new ground. So I have a hunch that other cities will be 23 Kent Planning Commission August 27, 1990 looking to the City of Kent as a model here, perhaps in terms of the job that you and your staff have done. . . Chair Martinez: And the original committee, don't forget them. Fred Satterstrom: The committee on group homes. Carolyn Lake just gave me a publication that she got just today. It is a publication from the Association of Washington Cities, and what it is, it is a model ordinance for siting residential care facilities. - And I just looked at it very briefly and in Carolyn Lake's opinion it was much the same. I have much the same opinion as Carolyn does in that it is really oversimplified. I think we have gone well beyond this model ordinance here, and it certainly would not serve our purposes at all. It doesn't even distinguish between the different classes of group homes. So, I guess, to make a long story short, we are breaking some new ground. I think others will be looking to us on this. I say that in a positive way, too. We are plowing new ground. " I think these crops are going to grow. Commissioner Ward: We're pioneers in the industry. Chair Martinez: I think that there are going to be citizens that believe that we have not listened to them, but I feel that we are responsible to the whole community, not just part of it, and that I think we did listen to them. I personally understood that people are very uncomfortable in having group homes in their community, and I 'm hoping that indeed that we have put these protections in place, that both protect our community while also making sure that we live up to the responsibility that we have when we raise people who don't quite fit into our community. So, I don't normally make a speech, but I feel pretty passionately about this one. Is there other discussion? Voice: Question. Chair Martinez: We don't have a motion on the floor. I would entertain a motion. Commissioner Faust: Madam Chair, I move that we adopt the recommendations for pending .action as stated on pages eight and nine of the document that we have been working from this evening. Commissioner Ward: Second. Chair Martinez: Is there further discussion? Question. All in favor. Voices: Aye. 24 Kent Planning Commission August 27, 1990 Chair Martinez: Opposed. (silence) Motion carries. Before we leave, do we need to do anything about this license application, this asterisk thing that you will be. . .that the license will be immediately revoked. Or is that something that you all take care of. Excellent. You know that is our intent. Lauri Anderson: I might comment that these then would be adopted as our administrative procedures for handling group homes. Chair Martinez : Excellent. So these will be drawn up and the entire package will be sent to the City Council for their consideration. It would behoove us all to be there when these are considered, because I believe that because of the concern of the community, that we will all want to talk about how we responded to this. (End of Verbatim Minutes) Discussion followed regarding the City Council hearing date on this issue. ADJOURNMENT Commissioner Miller MOVED to adjourn the meeting. Commissioner Faust SECONDED the motion. Motion carried. The meeting was adjourned at 9 : 05 p.m. Respectfully submitted, i o--yT-S� Jam P. H rris, Secretary 25 r^(�, Kent City Council Meeting v\� Date October 2, 1990 I v Category Other Business SUBJECT: ADMINISTRATIVE RESTRUCTURING/MAYOR'S PAY SUMMARY STATEMENT: At the Council meeting on Aug. 21, 1990 Councilman Johnson proposed that the structure of the City' s administrative section be changed$ the oxh bits��. Councilman Johnson moved that his proposal be referred by the City Council to the City's Management Study Committee. Councilman Mann stated that he would have an alternate proposal and MOVED to table Councilman Johnson's motion until he (Mr. Mann) could present his alternate proposal. Councilman Mann's proposal is in the form of a Resolution which leaves the Mayor's position part-time and increases the annual compensation. When the Council reconvenes Mr. Johnson's original motion to refer the matter for further study will be removed from the table and will therefore be before the City Council. EXHIBITS : Aug: 21, 1990 Council Minutes; Aug. 14 Councilman Johnson's memo; Councilman Mann' s Resolution; Fiscal note. RECOMMENDED BY: Operations Committee: Passed 2-0 UNBUDGETED FISCAL/PERSONNEL IMPACT: Yes FISCAL/PERSONNEL NOTE: Recommended Yes EXPENDITURE REQUIRED: 11933 . 00 (1990) or $311. 00 per month SOURCE OF FUNDS: Administration/Mayor's Budget CITY COUNCIL ACTION: I move that Councilman Johnson's motion to restructure administration and change the Mayor' s position to full time be removed from the table for action. Two alternatives exist: ALTERNATE 1 Approve Councilman Johnson' s motion to refer his proposal to the City's Management Study Committee. (No motion is necessary in this alternate because Councilman Johnson' s motion is already on the floor) . ALTERNATE 2 Approve Councilman Mann' s substitute proposal I move the following substitute motion: that the Council consider Councilman Mann! s substitute proposal -- Resolution instead of Councilman Johnson's proposal. If this motion to substitute passes then Councilman Mann's motion will be on the floor, if this motion to substitute fails Councilman Johnson's motion will be on the floor. In either case, the preceding motions will only determine which motion the Council is considering. A final vote affirming one or the other of the motions will still be required. Council Agenda Item No. 4B MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- I)ject: MAYOR'S SALARY - FISCAL NOTE C.Y`eator: Tony MCCARTHY / KENT70/FN Dated: 09/26/90 at 1556. COUNCILMEMBER MANN HAS ASKED THAT THE MAYOR'S SALARY BE ADJUSTED TO REFLECT THE COST OF LIVING CHANGES SINCE THE LAST TIME THE SALARY WAS ADJUSTED, IN MID 1983 IN CONJUNCTION WITH THE PREPARATION OF THE 1984 BUDGET. AT THAT TIME MAYOR'S SALARY WAS RAISED FROM $1, 000 PER MONTH PLUS $150 FOR MEETINGS TO $1,200 PER MONTH PLUS $150 FOR MEETINGS. THE CONSUMER PRICE INDEX FROM THE PERIOD JULY 1983 TO JUNE 1990 HAS INCREASED 23 . 5%. ADJUSTING THE SALARY BY THE CPI WOULD COST $311 PER MONTH. IF THIS INCREASE TOOK EFFECT ON 10/l/90 THE COST TO THE CITY IN 1990 WOULD BE $933. THIS INCREASE WOULD BE COVERED IN THE EXECUTIVE/ADMINISTRATION BUDGET AS HAVE RECENTLY ENACTED CITY WIDE RECLASSIFICATIONS AND SALARY SURVEY STUDIES. BASED ON EXISTING SALARY ADJUSTMENT PRACTICES, THE IBC RECOMMENDS IMPLEMENTATION OF THIS SALARY ADJUSTMENT. �g r _ August 21, 1990 PERSONNEL would be raised to cover the salaries. Hansen noted that he did not have figures but that the Chamber of Commerce had supported the idea of raising fees. He determined that the time required to process permits would be reduced. It was clarified that this was not a Permit Coordina- tor position but a Customer Services II position. MANN MOVED that the Fire Department be authorized to hire one and one half persons to staff the Customer Services Assistant position for the Permit Center. Orr seconded. White asked how many people would staff the permit center and it was estimated by McCarthy at 15 or 16 in 1991 but the cost was not available. White objected to approving for 1990, that which has not been approved yet for 1991. Orr stated that she did not favor adding to the budget but thought the office should have staff ready when the new facil- ity opened. Dowell suggested that the people hired early could be used for other tasks. White stated that he had been trying to find out how much quicker permits could be processed through the new office and with additional employees and Wickstrom explained the duties which the new people would cover. Hansen noted that the quality of the service was also of prime concern. The Mayor suggested that staff prepare a written memo for White giving alternatives: if none of the budget requests were implemented what the slowdown would be and what staffing would be required to make a substantial reduction in the processing time for permits. Houser noted that the Chamber had specifically stated that they would not support anything that did not go through the regular budget process . White noted he would not support this item and pointed out that no opening date had been proposed for the new center. It was determined that the Finance Department could not spare a cashier for the new center. Mann 's motion carried with White and Houser voting against. (OTHER BUSINESS - ITEM 4F) Mayor's Position to Full Time. Councilmember Johnson has proposed making a change in the MAYOR'S structure of the City' s administrative section, POSITION including a stipulation that the Mayor would serve on a full-time basis. , His proposal was not endorsed by the Operations Committee on August 14 . 15 1 1 ff'�� August 21, 1990 PERSONNEL fJOHNSON MOVED that the entire proposal of the issue of making the Mayor' s position full time be MAYOR'S made a part of the Management Study and to con- POSITION sider it again upon completion of the study. White seconded. Mann stated that he would have an alternate proposal and MOVED to table the motion until he could present his alternate Houser seconded and the motion carried with Johnson and White voting nay. FIRE DEPT. (CONSENT CALENDAR - ITEM 3E) Interlocal Agreement for Purchase, Use and Mainte- nance of Ladder Testing Equipment. APPROVAL of the interlocal agreement with Auburn, Renton and Tukwila for purchase, use and maintenance of ladder testing equipment, and authorization for the Mayor to sign same. Funds were identified in the 1990 budget to allow for the joint purchase, usage and maintenance of ground ladder testing equipment. (CONSENT CALENDAR - ITEM 3H) Underground Tank at Kherson Park. AUTHORIZATION to remove an underground fuel tank at Kherson Park, as recommended by the Public Safety and Operations Committees. An underground heating fuel tank was uncovered during the preparation of Kherson Park. The prop- erty owner is allowing the City to use his property as part of the park. With new laws regarding use of underground storage tanks, the City could possibly be responsible for having the tank tested, future monitoring of the tank and later replacement of the tank. Due to the previous and current relationship with use of the site, the City has the opportunity to move forward in a leadership role to protect the environment and to project a positive image for the park by having the tank removed now using City funds. PARKS AND (CONSENT CALENDAR - ITEM 3P) RECREATION Master Plan Design for Lake Fenwick Phase III. AUTHORIZATION to approve the Master Plan Design for Lake Fenwick Phase III, as recommended by the Parks Committee. 16 M E M O R A N D U M To: DAN KELLEHER, MAYOR JUDY WOODS, COUNCIL PRESIDENT CITY COUNCIL MEMBERS ED CHOW, CITY ADMINISTRATOR From: JON JOHNSON, COUNCILMEMBER Date: August 14, 1990 Subject: PROPOSAL FOR FULL-TIME MAYOR I AM SUGGESTING THAT WE GO TO A FULL-TIME MAYOR OPERATION FOR OUR CITY. THE TYPE OF GOVERNMENT THAT WE SHOULD HAVE HAS BEEN DEBATED FOR MORE THAN TWENTY YEARS. IF WE CONTINUE WITH OUR PRESENT SYSTEM THAT DEBATE WILL CONTINUE. I KNOW THERE IS NO SUPPORT ON THE COUNCIL TO CHANGE OUR FORM OF GOVERNMENT TO A COUNCIL-MANAGER FORM OF GOVERNMENT. THIS IS WHY I AM PROPOSING WE KEEP THE MAYOR/COUNCIL FORM OF GOVERNMENT WE HAVE AND MAKE THE MAYOR' S POSITION FULL-TIME. THERE ARE SEVERAL GOOD REASONS TO DO THIS. THE COST IS ONE OF THEM. I WOULD PROPOSE THAT WE HAVE A FULL-TIME MAYOR, AN ASSISTANT TO THE MAYOR, AND SECRETARY, FOR A TOTAL OF THREE POSITIONS. THE COST IN SALARIES WOULD BE APPROXIMATELY $145,000. IN THE PRESENT SYSTEM THERE IS A TOTAL OF FOUR FULL-TIME AND THREE PART-TIME FOR A TOTAL COST IN SALARIES OF $235,000 . THIS IS A SAVINGS OF MORE THAN $90,000 A YEAR! THE SAVINGS IS EVEN MORE WHEN ONE ADDS THE COSTS OF BENEFITS, SUPPLIES AND FURNITURE TO THIS. ONE OF THE REASONS, WHY WE NEED ALL THE PEOPLE WE DO IS BECAUSE OF ALL THE PEOPLE IN THE MAYOR/ADMIN AREA. IN ADDITION TO THE ABOVE POSITIONS WE HAVE A COMMUNITY INFORMATION OFFICER, DRINKING DRIVER TASK FORCE, AND COMMUNITY EVENTS. IN MY PROPOSAL THE COMMUNITY INFORMATION OFFICER WOULD REMAIN. I DO FEEL HOWEVER THAT THE DRINKING DRIVER TASK FORCE SHOULD BE TRANSFERRED TO POLICE, AND COMMUNITY EVENTS TRANSFERRED TO CULTURAL ARTS. THE LESS PEOPLE IN ADMINISTRATION THE LESS NEED FOR SUPERVISION AND CLERICAL SUPPORT. 1 - . ANOTHER REASON IS DECISION-MAKING. CURRENTLY THE MAYOR' S POSITION IS PART-TIME AND NEEDS TO HAVE A FULL-TIME JOB OUTSIDE OF THE CITY. BECAUSE OF THIS, THE MAYOR CANNOT BE THERE WHEN SOME DECISIONS NEED TO BE MADE. THE PRESENT SYSTEM DOES NOT ALLOW THE CITY ADMINISTRATOR TO MAKE CERTAIN DECISIONS ON THE MAYOR' S BEHALF WITHOUT CONSULTING WITH THE MAYOR FIRST. A FULL-TIME MAYOR WOULD NOT HAVE THIS PROBLEM. IN THE PAST THE CITY ADMINISTRATOR HAS MADE DECISIONS WITHOUT CONSULTING WITH THE MAYOR OR THOUGHT HE HAD THE AUTHORITY TO ACT, ONLY TO FIND OUT LATER THAT WAS NOT THE CASE. AGAIN WITH A FULL-TIME MAYOR THIS WOULD NOT HAPPEN. ALSO A MAYOR NEEDS TO BE FULL-TIME TO HAVE SUCH THINGS AS DEPARTMENT HEAD MEETINGS TO MAKE SOME OF ROUTINE AND NOT SO ROUTINE DECISIONS THAT NEED TO MADE SUCH AS QUESTIONS REGARDING COUNCIL POLICY AND DIRECTION, AND PERSONNEL DECISIONS THAT A CITY ADMINISTRATOR CANNOT MAKE WITHOUT CHECKING WITH THE MAYOR FIRST. WHILE THE IBC AND IPC MAY SERVE SOME PURPOSE, A FULL-TIME MAYOR WOULD NOT NEED TO MAKE DECISIONS BY COMMITTEE. REGIONAL INVOLVEMENT. A PART-TIME MAYOR CANNOT BE AS ACTIVE OR INVOLVED IN REGIONAL AFFAIRS AS A FULL-TIME MAYOR. BOTH AUBURN AND RENTON HAVE FULL-TIME MAYORS AND BOTH OF THOSE MAYORS ARE INVOLVED IN MANY ORGANIZATIONS THAT AFFECT THEIR CITIES ON REGIONAL ISSUES. WHILE OUR MAYOR IS INVOLVED IN SOME, KENT IS NOT GETTING ENOUGH INVOLVEMENT NOR ARE WE ADDRESSING SOME OF THE REGIONAL ISSUES THAT INVOLVE METRO, PUGET SOUND COUNCIL OF GOVERNMENTS, SUBURBAN CITIES, ETC. THIS IS IMPORTANT AND THE BOTTOM LINE IS THE CITIZENS OF OUR COMMUNITY ARE NOT BEING REPRESENTED. FINALLY, BECAUSE IT JUST MAKES COMMON SENSE. WE ARE DEALING WITH A LARGE ORGANIZATION, A LOT OF COMPLEX ISSUES, WE SIMPLY CANNOT BE EFFECTIVE IN SERVING THE PUBLIC AS WE CONTINUE TO GROW AS A CITY. MY COMMENTS ARE NOT MEANT TO BE A PERSONAL ATTACK. I THINK EVERYONE IS GOING A GOOD JOB WITH THE RESOURCES GIVEN THEM. I DO KNOW WE CAN DO BETTER WITH A FULL-TIME MAYOR SYSTEM AS I HAVE PROPOSED. JJ:wp Resolution No. A RESOLUTION of the City Council of the City of Kent, Washington, reaffirming Mayor-Council form of government and providing for cost of living increase to Mayor Dan Kelleher. WHEREAS, the Mayor of the City of Kent, Dan Kelleher began his service with the City of Kent as a Councilman in 1981 and was elected Mayor of Kent on a part-time basis in November, 1986 and thereafter re-elected in November, 1990; serving within a system of government for a non-charter Code City and a strong Mayor/Council form of government; and WHEREAS, throughout the period of public service as Councilmember and Mayor, the Mayor has taken a leading role , in achieving City goals such as protecting Kent farmland; protecting water quality in streams, creeks, the Green River and areas of wetlands; the closing of landfills; renewing and revitalizing Kent' s downtown; developing reasonable limitations on new apartment construction while promoting single-family home construction; developing the funding basis necessary to construct the 272-277th road project; and providing housing opportunities to Kent's low income elderly; and WHEREAS, the Council wishes to reaffirm its satisfaction with our present form of government which has been highly productive and successful; and WHEREAS, the Mayor's salary when expressed in real dollars has decreased steadily since the day he assumed office due to inflation and; WHEREAS, the Mayor is the only employee of the City (including Councilmembers) who has received no Cost of Living Adjustment to his salary since 1984 ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Council extends its sincerest thanks and appreciation to the Mayor for his personal interest, excellence in performance, hard work and achievements for the benefit of the Kent community throughout his period of elective office. Section 2 . The Council reaffirms and expresses its desire to continue the present Mayor/Council form of government as a Code City providing for an effective part-time Mayor with adequate support staff and City Administrator. Section 3 . The Council directs the City Attorney to prepare the necessary amending ordinance to raise the Mayor's salary to a level which would account for the Cost of Living Adjustment increases which have occurred since the salary was last set in 1984 . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1990. Concurred in by the Mayor of the City of Kent, this day of , 1990. Dan Kelleher ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1990. SEAL MARIE JENSEN, CITY CLERK 1✓II /V I� OG��+S Irk � l�u cam., S- 1Ji,ca-.w�a� Kent City Council Meeting Date October 2 . 1990 Category Bids 1. SUBJECT: LID 335 - 77TH AVE IMPROVEMENTS �p e 2. SUMMARY STATEMENT: Bid opening was August 24 . Active Construction submitted the low bid sir the amount of $1, 056,979.44, and it is recommendattLs bid be accepted. t �tt so 3. EXHIBITS: Memorandum from Director of lic Works and bid summary 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAWPERSONNEL IMPACT: NO__k_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember JU' seconds the bid submitted by Active Construction in the amount of $1,056, 979.44 be accepted for LID 335. DISCUSSION• ACTION• Council Agenda Item No. 5A S� DEPARTMENT OF PUBLIC WORKS September 27, 1990 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: LID 335 - 77th Avenue Improvements Bid opening was August 24 with eight bidders responding. The low bid was submitted by Active Construction in the amount of $1, 056, 979 . 44 . The project will improve storm, sewer, and water systems and will provide a new three lane roadway on 77th Avenue from S. 212th to S . 202nd Street and a traffic signal at the 77th and S . 212th Street intersection. It is estimated the construction costs will be $1, 162 , 677. We recommend accepting the bid by Active construction in the amount of $1, 056, 979 . 44 . BID SUMMARY Active Construction $lf056, 979 . 44 R.L. Alia $1, 086, 894 . 40 Gary Merlino Construction $1, 126, 088 . 80 Robison Construction $1, 127 , 491. 20 Tri-State Construction $1, 166, 4ll. 00 West Coast Construction $1, 176/ 459 . 74 R.W. Scott $1, 232 , 176. 44 Scoccolo Construction $1, 408 ,749 . 44 Engineer's Estimate $1, 289, 827 . 85 CONTINUED COMMUNICATIONS A. R E P O R T,Pl1 S�, A. COUNCIL PRESIDENT U�-Yk LL`U B. OPERATIONS COMMITTEE (l C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE alrvw c l F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS