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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/01/1988 Kent, Washington March 1 , 1988 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann, White and Woods, City Administrator McFall, City Attorney Driscoll, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: Police Chief Frederiksen, Parks Director Wilson and Personnel Director Webby. Approximately 130 people were in attendance. PRESENTATIONS Employee of the Month. William Linville, Correc- tions Facility Administrator, introducted Ellen Norton, who has been named Employee of the Month for March. The Mayor noted that Ms. Norton works as a Corrections Officer and commended her on her commit- ment to her job, team and organization. He then presented her with the Employee of the Month plaque. CONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through K be approved, with the exception of Items G and J which were removed by Councilmember Dowell and Item I which was removed by Councilmember White. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 16, 1988. STREETS (CONSENT CALENDAR ITEM 3C) James Street Storm Overlay. ACCEPT as complete, the contract with M. A. Segale for the James Street storm overlay project and release of the retainage after receipt of the necessary releases from the State. (CONSENT CALENDAR ITEM 3G) REMOVED BY COUNCILMEMBER DOWELL LID 318 - North Central Avenue Improvements AUTHOR- IZATION to transfer $35, 000 from the Unencumbered Water Utility Funds and $35, 000 from Unencumbered Sewerage Utility Funds to the North Central Street Improvement Fund to compensate for a miscalculation in the estimate of the project financing, as approved by the Public Works Committee. Dowell noted that he owned property in this LID and would, therefore, abstain from voting on this matter. JOHNSON MOVED to approve Item G. Biteman seconded and the motion carried with Dowell abstaining. - 1 - March 1 , 1988 TRAFFIC CONTROL (CONSENT CALENDAR ITEM 3I ) REMOVED BY COUNCILMEMBER WHITE 277th Corridor. AUTHORIZATION to use $75, 000 of the Advanced Acquisition Fund for a study to deter- mine the alignment, configuration and preparation of the environmental analysis for the 272nd/277th corridor, as approved by the Public Works Committee. Upon White ' s question, Wickstrom explained that the funding was to study a series of routes, to be refined to one particular route, and that funds have been committed by the State, King County and Auburn. WHITE THEN MOVED to approve Item 31, Woods seconded and the motion carried. PRELIMINARY PLAT (CONSENT CALENDAR ITEM 3F) Mari-Park Preliminary Subdivision No. SU-87-5) . AUTHORIZATION to set March 15, 1988, as the public meeting date to consider the Hearing Examiner ' s recommendation of conditional approval for the Mari-Park preliminary plat. The property is located on the east side of 3rd Avenue North and south of Bowen Street extended. ZONING CODE Amendments to Multifamily Development Standards. AMENDMENT The Planning Commission has recommended that the multifamily development standards of the Kent Zon- ing Code be amended. The recommendation is in response to Council Resolution No. 1148 of October 6, 1987. The resolution expressed Council ' s con- cern about the impacts of multifamily development on adjacent single family uses and on City entry ways and arterials. At its February 2, 1988 meeting, the City Council referred this matter to the Planning Committee. The Planning Department has revised the proposal pursuant to the Committee ' s direction at their meetings held on February 16 and March 1 , 1988. Woods noted that the Planning Committee had met today, reviewed the draft changes and recommended they be approved. She then MOVED to amend the multifamily development standards of the Kent Zon- ing Code per the Planning Commission ' s recommend- ation and as amended by the City Council Planning Committee and to instruct the City Attorney to pre- pare the amending ordinance. Dowell seconded. Woods pointed out that input had been received from Tom Sharp, Raul Ramos and Larry Frazier of Master Builders Association. She noted that the suggestion 2 - March 1 , 1988 ZONING CODE from Frazier regarding density bonuses would be AMENDMENT addressed when PUDs were considered. Tom Sharp stated that although he had some questions about smaller lots, he favored going ahead with this amendment, noting that the administrative plan review would provide an avenue for this type of concern. Fred Satterstrom clarified for Biteman that setbacks, landscaping and height regulations had been addressed for the protection of single family residences. Larry Frazier commented on the proposal, noting he had attended the meetings and referred to his letters of January 18 and January 26 , both of which were filed with the record of the February 2 Council meeting. He stated that he did not support the multifamily reduction or the setback or landscaping proposals , but that the provision for the administrative design review would provide some flexibility. Susan Sampson of the Renton law office of Loren Combs asked, on behalf of a client who owned multi-density property, to have this matter referred to the committee again. She questioned as to whether this was the appropri- ate way to reduce density under the Council ' s long range plan. Woods ' motion then carried unanimously. ANNEXATION ZONING East Hill Community Well Annexation No. 2 - Carey Appeal. This public hearing was originally scheduled for January 19, 1988 to consider an appeal of the Hearing Examiner ' s recommended zoning for the property located east of 112th Avenue S.E. extended to 114th Avenue S.E. approximately and north of S.E. 244th extended. The Hearing Examiner recommends zoning of R1 -9. 6 , single family resi- dential ( 9600 sq. ft. minimum lot area ) . Councilmember Mann stated that on January 19, 1988 , he had met with Mike and Pam Alamos at 25207 111th Avenue S.E. They expressed their concerns, showed him the lots in question and stated that they felt the lots were too small for multifamily development. Mann noted that this statement for the record is a disclosure of all information on the conversations that he has had outside the public process on the subject of the zoning for this annex- ation. He stated that he can be unbiased on his deliberations, that this information has not tainted his ability to be open and fairminded. Mann stated that he has not made up his mind and would not do so prior to final deliberation of these hearings. 3 - I March 1 , 1988 ANNEXATION ZONING The Mayor declared the public hearing open. Leona Orr, 24909 114th Avenue S.E. , stated that she is opposed to multifamily zoning. There were no further comments from the audience and BITEMAN MOVED to close the public hearing. Woods seconded and the motion carried. After the public hearing on the entire Area C was concluded and acted upon, JOHNS=ON MOVED to deny the appeal and for the area to be zoned single family residential with a mini- mum lot size of 12 , 000 sq. ft. Woods seconded and the motion carried. East Hill Community Well Annexation No. 2 - Berg- strom Appeal. This is a continuation of the public hearing of January 19, 1988, to consider an appeal of the Hearing Examiner ' s recommended zoning for the property located at 25219 113th Avenue S .E. The Hearing Examiner recommends zoning of R1 -7 . 2 , single family residential ( 7200 sq. ft. minimum lot area ) . The Mayor declared the public hearing open. Mike Bergstrom of Construction & Development Services , Inc. , distributed a map to the Council which shows the property in relation to its surrounding con- siderations. No copy was provided for the record. He noted that he is requesting multifamily zoning, proposing 45 units rather than the 80 which are allowed under the Comprehensive Plan. He also stated that he feels this proposal is consistent with Resolution 1123 , which seeks a 20% reduction in multifamily potential densities city-wide. Pam Alamos, 25207 111th Avenue S.E. , speaking for the Olsons who live at 25239 111th Avenue S.E. , stated that they are concerned abou their property values. She stated that lot sizes of 12 , 000 sq. ft. would be compatible. She noted that the residents are concerned with vandalism and asked for single family zoning. Arnold Hamilton, 25410 113th Avenue S.E. , stated that multi-family zoning would be detri- mental to the neighborhood. Delores Cameron also spoke against multifamily zoning. Sarah Boyer, 25226 113th Avenue S.E. , noted that no one would buy the homes which are up for sale in the area if apartments are to be allowed across the street. Leona Orr, 24909 114th Avenue S.E. , noted that a petition had been submitted requesting R1 -12 zoning which had been signed by approximately 130 people. She urged the Council to deny the appeal. 4 - March 1 , 1988 ANNEXATION ZONING There were no further com.-nents and BITEMAN MOVED to close the public hearing. Woods seconded. Motion carried. After the public hearing on the entire Area C was concluded and acted upon, JOHNSON MOVED to deny the appeal and to zone this area single family residential with a minimum lot size of 9600 sq. ft. Woods seconded and the motion carried. East Hill Community Well Annexation No. 2 - Area C. This is the second and final hearing to consider the Hearing Examiner ' s recommended zoning for the East Hill Community Well Annexation No. 2 , Area C. The first hearing was held on January 19 , 1988. The Hearing Examiner ' s recommendation is outlined in the attached findings and recommendation dated October 7, 1987 . Kathy McClung of the Planning Department pointed out the area on the map and noted that the Hearing Examiners recommendation for Area C as follows: 1. For the area west of 112th Avenue SE extended and north of SE 248th Street: R1-7.2, Single Family Residential (7,200 square foot minimum lot size) . 2. For the area south of SE 252nd Street: R1-7.2, Single Family Residential (7,200 square foot minimum lot size) except the 4.80 acre parcel known as Stratford Arms. 3. Stratford Arms: MRM, Medium Density Multifamily Residential, allowing 23 units per acre (entire Stratford Arms site, including the undeveloped . portions) . 4. H. L. Bainton property south of SE 248th Street, adjacent to former City boundary: MRG, Garden Density Multifamily Residential, maximum of six dwelling units per acre. 5. Property east of 112th Avenue SE extended, north of SE 252nd except Bainton property: R1-9.6, Single Family Residential (9,600 square foot minimum lot size) . McClung noted for Dowell that the property not developed with Walnut Park zero lot line would revert to single family zoning. The Mayor declared the public hearing open. Brad Bell of Bell Anderson Realty, spoke on behalf of John and Edith Lambert and Mary Morrell . Both are strongly opposed to single family zoning and the Lambert property at 11008 S.E. 256th, is surrounded by multifamily development. Bell noted that both of these properties were zoned multifamily in the East Hill Plan and stated that these properties are 5 - March 1 , 1988 ANNEXATION ZONING not suitable single family dwelling sites. He pointed out that neither the Lamberts or Mrs. Morrell were developers . Robert Thorpe of R. W. Thorpe & Associates , Seattle, stated that he represents the Harry Boat property at 11214 S.E. 256th Street, adjacent to the Strat- ford Arms complex. Thorpe stated that the Boats request that the area be designated MRG, subject to the conditions listed in his letter of January 27, 1988, distributed as a part of the agenda packet. Lori Sunsted, 24805 114th Avenue S.E. , stated that she is opposed to multi-family zoning and urged the Council to zone the Bergstrom and Bainton pro- perties R1 -12 . William R. Bratton, 23621 112th Avenue S.E. , stated that he represents property at 256th and 111th. The zoning of 7200 sq. ft. lots would allow 11 units on that three parcels of land. He pointed out that a proposal to build five single family residences there would require a variance of 10 ' par lot in order to comply. He also noted that the lots would be approximately 8000 sq. ft. Pam Alamos, 25207 111th Avenue SE, .urged the Council to zone the area single family. Arnold Hamilton, 25410 113th Avenue S.E. , showed a video tape show- ing the rural nature of the area, and stated that the area should be zoned single family. Vicki Olson, 25239 111th Avenue S.E. , concurred with Alamos . Jackie Silva, 25352 113th Avenue S.E. , noted that vandalism has increased in the area and asked for single family zoning. Elizabeth Carson asked that the area be left as it is. Tom Delaney, 25420 113th Avenue S.E. , noted that traffic has already increased on his street and multifamily zoning will increase it even more. Janet Hansen, 25308 113th Avenue S.E. , stated that she does not want any more apartments in the area. Wayne Cameron, 25218 113th Avenue S.E. , also expressed concern over the increased vandalism since the Stratford Arms was built. Douglas Walker, 11727 S.E. 244th, asked the Council to restrict multifamily housing. Alfred Silva, 25322 113th Avenue S.E. , showed various viewgraphs of the area and noted that people have been moving out of Kent because of the zoning policies . Silva recommended that the Council stop the encroachment of multifamily development in the area. Randy Brealey, 10910 N.E. 66th Place, Kirkland, noted that he had submitted site plans for a duplex condominium at the previous public - 6 - I March 1 , 1988 ANNEXATION ZONING hearing, and asked that MRM zoning be retained. Jim Orr, 24909 114th Avenue S.E. , noted that a peti- tion containing 130 signatures calling for R1 -12 zoning had been submitted and urged the Council to keep the rural atmosphere in the area. Jim Sunsted, 24805 114th Avenue S.E. , stated that he does not want to see any more multifamily development in the area. The following letters received since the January 19 hearing have been distributed and filed for the record: Pete Curran, February 26, regarding Lambert property R. W. Thorpe, February 24, regarding Boat property Myron Vigoren, January 18 WOODS MOVED to make the letters a part of the record. White seconded. Motion carried. There were no further comments from the audience and WOODS MOVED to close the public hearing. Johnson seconded and the motion carried. WOODS MOVED to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner ' s recommended zoning and to direct the City Attorney to prepare the required ordinance. Johnson seconded. Upon Johnson' s ques- tion, McClung noted that on East Hill there are approximately 100 acres of undeveloped multifamily zoned land and approximately 100 acres of under developed multifamily zoned land. Harris determined for White that after the Council ' s request for an update of the East Hill Plan, the Planning Commission had held hearings on portions of the plan. Resol- ution 1123 was adopted in December 1986 and declared the intent of achieving a reduction of 20% on all undeveloped multifamily zoned lands. Hansen noted that the East Hill Plan review had been delayed by the commercial land study and that the County had begun updating the Soos Creek Plan. It was pointed out that the East Hill Plan was updated in 1982, then the north end was updated. The south end was caught up in the provisions of Resolution 1123 . A full update of the plan has not been completed. JOHNSON MOVED to amend the motion to modify the recommendation of the Hearing Examiner as follows: for the area north of S.E. 252 to be zoned R1 -12 , 12 , 000 sq. ft. lots and for the parcel south of S.E. 252nd to be zoned R1 -9. 6 , 9600 sq. ft. lots. 7 - March 1 , 1988 ANNEXATION ZONING He commented that most of the S.E. 244 and S.E. 248th area out to 116th is currently single family with predominately large lots, and therefore 12 , 000 sq. ft. lots for that area is indicated. The area he proposed for 9600 sq. ft. lots already contains smaller lots. He noted his reasons included traffic problems, overcrowding of schools, and police and fire service demands. Upon McFall ' s question about Stratford Arms , it was clarified Johnson ' s pro- posal excludes any property already developed as multifamily. Upon Biteman ' s question, Hansen noted that he was not aware of any applications for multifamily develop- ment now pending for that area. Driscoll clarified for Mann that if any permits had been issued the law would require that they be honored. Dowell stated that he would support the amendment and sug- gested that this area could be considered a portion of the 20% reduction mentioned in Resolution 1123. The amendment carried unanimously and the motion as amended also carried unanimously. RAILROAD CROSSINGS (CONSENT CALENDAR ITEM 3H) Railroad Petitions. AUTHORIZATION for the Mayor to sign petitions to the WUTC for approval of vari- ous Union Pacific Railroad street crossings (exist- ing spur crossings ) and establishing the respective warning devices thereon. PERSONNEL Implementation of the 1987 Classification and Pay Recommendation. The implementation of the Plan was reviewed by the Council at the February 16 meeting and was referred to the Operations Committee. McFall explained that the Committee met this morning and has recommended modifications in the City Clerk' s division and in the reorganization proposal for the Administration Department, copies of which have been supplied to the Council . It was noted at the February 16 Council meeting that approval of the Pay and Classification Plan would include the reorgan ization proposal . HOUSER MOVED to implement the 1987 Classification and Pay Study with the modifica- tions recommended at the Operations Committee meet- ing this morning. Mann seconded. White asked questions of Webby and McFall related to the reorganization in the Administrator ' s and Mayor ' s office. These included title, job descrip- tion, pay scale, reporting procedure, subordinates, etc. for the proposed executive assistant ' s position. , - 8 - March 1 , 1988 PERSONNEL He noted that a memo from McFall and Kelleher stated that an acceptable compromise had been reached, but that he felt the reorganization would have the effect of polarizing the Administrator from the Mayor and from the City Council, would further add to the confusion and that he would not support it. Biteman stated he had seen the material and that Classification the consultant had documented the justification and Pay Study for the salaries covered in the reorganization pro- Implementation posal, and that the Council President should not be going into such detail at a Council meeting. White stated that he was attempting to bring everything out into the open. Woods stated that the memo from Mayor Kelleher and Brent McFall stated that they had resolved their differences about the reorganization and had reached a compromise and further, that they hoped that the Council would accept the compromise in the spirit of cooperation. She noted that she would support Houser ' s motion. Johnson stated he would vote against the motion because he was opposed to the reorganization, as unnecessary. He suggested that the reorganization matter be postponed until the consultant could be asked if it was .necessary and if so, to propose a salary range. He noted that he had asked at the Council retreat that a workshop discussion be held to discuss the roles of Mayor and Administrator. Upon Ford Kiene ' s question, it was determined that the proposed executive assistant would continue to report to the City Administrator. Kiene suggested that since the City had already budgeted for another Assistant City Administrator and a secretary for McFall, that these positions be filled instead of creating a new position of executive assistant. Houser noted that other departments had reorganized in the past without incident and suggested that this matter should be concluded. Nancy Leahy, Com- munity Information Coordinator, agreed with Houser, noting that she had participated in reorganizations in other departments. She stated that she hoped it would work well and that she was anxious to see what changes would be made in her job description and in her reporting procedure. Mann noted that modifications had been made to salaries in other departments as well as in this proposed reorgani- zation. White pointed out that he was not opposed to the classification study itself but that he questioned including the reorganization issue in the study instead of having it stand on its own merit - 9 - March 1 , 1988 spent on too much time had been s PERSONNEL Dowell stated that P this issue, that the Council was a legislative body, not an administrative body. Houser ' s motion then carried, with White and Johnson opposing. Mayor Kelleher expressed his concern as to how the Council vote would be perceived and that he did not see this as the Council wanting to :Hove away from professional administration of the City. He pointed out that it was never his intent to signal a new era of Mayoral authority in the City Hall. He noted that the State statutes give authority to the Mayor, which he has never exercised, such as veto of ordinances, or hiring or firing certain of the staff. The statutes allow the Mayor to delegate hiring and firing authority of department heads, except those under Civil Service, and he has dele- gated this to McFall . He noted that the reorgani- zation was to move one clerical position to assist the Administrator in some of his supervisory roles. He opined that the issue had been blown out of propor- tion, that he supported professional administration, and had confidence in McFall in that role. SOLID WASTE BITEMAN MOVED that the City Administrator be directed to formally request King County to extend the notification deadline under the Agreement for Disposal of Solid Waste from March 31 , 1988 to September 30. This will enable the City to complete a study to determine the financial and environmental feasibility of development of a non-incineration facility for disposal of Kent ' s solid waste. Houser seconded. Biteman noted that the County had delayed the date for site selection for the incinerator to April of 1989. Johnson proposed an amendment that this matter and the recycling program be referred to the Public Works committee and further that a public hearing be held before the Council to discuss not only the curbside recycling issue but also Biteman ' s proposal so that public input may be gathered as to whether to commit to King County or to develop our own disposal methods. Woods seconded the amendment. Houser and Biteman stated that recycling is a separate matter and that there was not time to refer this to committee due to the March 31st deadline. Woods suggested that the com- mittee could report to Council at the March 15 meet- ing. The proposal to refer to committee was with- drawn. Biteman ' s motion carried with Woods voting against it. - 10 - March 1 , 1988 SOLID WASTE (CONSENT CALENDAR ITEM 3J) REMOVED BY COUNCILMEMBER DOWELL Recycling. AUTHORIZATION to continue the pilot recycling program on the West Hill and tabling any decision on a City-wide expansion of the program until such time as WUTC makes a ruling on whether recycling costs can be included in the tariff structure, as recommended by the Public Works Com- mittee. Upon Dowell ' s questions, McFall clarified that a time frame for continuation of the program could not be given until the WUTC reaches a decision. He further noted that the City would continue to subsidize the program. WOODS MOVED to approve Item 3J. Houser seconded. Johnson noted that Gary Ewing of Kent Disposal had a short video to show regarding recycling, and the Council elected to view it at this time. The six-minute film showed the West Hill curbside recycling program entire process. The motion to approve Item 3J then carried. OUT OF STATE TRAVEL (CONSENT CALENDAR ITEM 3D) Out of State Trip. AUTHORIZATION for Kurt Palowez of the Engineering Department to attend a Delta Map Users Seminar in Fort Collins, Colorado, as approved by the Public Works Committee. Funds will come from the Department ' s operating budget. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through March 7, 1988 after auditing by the Operations Committee at its meeting at 8: 30 a.m. on March 15 , 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 1/29-2/16 57469-57437 57856-57874 $161,833.98 2/17 57877-58353 $560,658.03 $722,492.01 Approval of checks issued for payroll: Date Check Numbers Amount 2/15 100701-10703,100706, 100707 (replacement) 2/19 100704, 00705,100708-101302 $597,365.35 March 1 , 1988 FINANCE (CONSENT CALENDAR ITEM 3E) CLID 316 - Bond Ordinance and Purchase Contract. AUTHORIZATION for the Mayor to sign a bond purchase contract in the amount of $1 , 359, 791 . 52 with Shear- son, Lehman, Hutton for CLID 316, covering LIDs 316, 319, 320 , 321 and 324, as discussed at the Operations Committee meetings of February 16 and March 1 , and ADOPTION of Ordinance 2770 authorizing the issuance of the bonds. The interest rate is 7. 349964% with a gross underwriting spread of $22 . 00 . COUNCIL (CONSENT CALENDAR ITEM 3K) 1988 Target Issues. ADOPTION of Resolution 1158 setting for the target issues for 1988. COUNCIL COMMITTEES President' s Report. White noted that at 1 : 00 p.m. on March 11 the Council would meet at the Commons Council Retreat in the Interurban Room for a follow-up session on the Council ' s retreat discussions. White noted that at 7: 00 p.m. on March 29 the Coun- King County Council cil would meet in a workshop session with King County , Council to discuss solid waste issues . White noted that in mid-March he would attend the National League of Cities meeting in Washington D.C. along with Mayor Kelleher, City Administrator McFall National League of and Councilmember Mann, and in accordance with Cities Council policy, he requested approval for the Councilmembers for this out of state trip. Mayor Kelleher requested that as a courtesy he would also request approval. JOHNSON MOVED to approve and Woods seconded. Travel for White to Boston and for two additional trips as a member of the NLC Transportation & Communication steering com.mitte was added to the motion. It was determined for Dowell that the Council budget would fund the trips, expenses for Washington D. C. approximately $1 , 976 and Boston $1200 . The motion carried with Dowell voting against it. Biteman ' s attendance at a seminar on Environmental Concerns on Incineration in Seattle on March 23 and 24 was also approved. White asked that the City Clerk schedule a public hearing for the next Council meeting on clarifi- Public Hearing cation of roles in City government, at which the City Attorney would advise. The hearing will not cover the type of government, but would be an infor- mation gathering meeting. Mayor Kelleher noted that contrary to an item in today ' s paper, he would be happy to participate. 12 - March 1 , 1988 COUNCIL COMMITTEES Public Safety. Biteman reported that the Committee would meet at 8: 00 a.m. on March 8. Public Works. Johnson noted that the next Committee meeting would be on Tuesday, March 8 at 4: 00 p.m. Public Hearing at which time recycling will be discussed. He also asked to have a public hearing scheduled for March 15th to further discuss recycling and to make a decision. Sandra Driscoll noted that about two or three weeks ago the State Supreme Court declared Seattle ' s greenbelt ordinance to be invalid because it was Greenbelt deemed to be a "taking without just compensation" . Ordinance The Court ' s decision causes concern regarding set backs, open space, etc. Seattle has requested recon- sideration and clarification from the Supreme Court. She requested authorization for Kent to participate with AWC, Bellevue, Renton and Kirkland in a petition to the Court to file an amicus brief. WOODS SO MOVED. Houser seconded and the motion carried. McFall noted that the Operations Committee had .not Property Acquisition come to a conclusion regarding the matter of acquir- ing the Curran building and has referred it back to council without a recommendation. ADJOURNMENT The meeting was adjourned at 10: 25 p.m. Marie Jensen, CMC City Clerk 13 -