Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/03/1988 Kent, Washington May 3, 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, Associate Planner Fred Satterstrom, and Public Works Director Wickstrom. Also present: Police Chief Fred- eriksen and Fire Chief Angelo. Planning Director Harris and Finance Director McCarthy were not in attendance. Approximately 150 people were at the meeting. PRESENTATION Employee of the Month. Mayor Kelleher announced that Tony Thiessen of the Kent Senior Activities Center has been chosen as the May Employee of the Month. He noted that in addition to his regular duties, Thiessen has been instrumental in setting up several programs with the Center and the Kent community. PROCLAMATIONS National Public Works Week. The Mayor read a proclamation declaring the week of May 15-21 , 1988 as National Public Works Week in the City of Kent. Public Works Director Wickstrom announced that there would be an open house at the City Shops and in the Engineering D,apart- ment, as well as a display in the lobby of City Hall. The Mayor encouraged citizens to visit the displays. i Older American Month/Senior Center Week. The Mayor read a proclamation declaring the month of May, 1988 as Older Americans Month and the week of May 8-14 , 1988 as Senior Center Week in the City of Kent. Robyn Bartelt of the Senior Center noted that there would be various special activities during that week and invited everyone to visit the Center. Kent Community Clinic Week. A proclamation was read by Mayor Kelleher proclaiming the week of May 2-6 , 1988 as Kent Community Clinic Week in the City of Kent. The proclamation was presented to Dae Moschel of the Kent Com- munity Clinic. Ms. Moschel thanked the Mayor, Council and staff for their encouragement during the past five years, and announced that there will be an open house at the clinic on May 5 at 3: 00 p.m. She invited the public to attend. uONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through L be approved. Houser seconded and the motion carried. - 1 - May 3, 1988 MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 19, 1988 and authorization to correct the minutes of April 5, 1988, on page 5, as follows : 1989 Community Development Block Grant Funds ( 3 ) allocate 6% of planning and admini- stration. . . . " BANNER Gary Cline, Principal of Mattson Junior High, introduced students Corey Berger, Michelle Pritchard, Mike Bain and Chris Lenhart, who belong to the Mattson Students Against Suffer- ing and Hunger Club. The students explained that they are a partner school with a village in Ethiopia where they are building a school through Save the Children. They noted that their share of the proceeds from a Walkathon would go to building that school , as well as to helping out local food banks. Cline stated that the students have a 4 ' x 8 ' banner regard- ing the Walkathon which they would like to hang in Kent. Since the City has had a moratorium on banners for some time, it was suggested that the reader- board at Kent Commons be used, and Dowell offered the use of his billboard on Canyon Drive. It was noted, however, that the banner is already made and would be up for only one week on James near East Hill Elementary. WHITE MOVED that the Council give permission to place the banner for a one-week period for this one-time only event. Woods seconded and the motion carried. WATER (CONSENT CALENDAR ITEM 3J) LID 316 - 94th Avenue *Water Main - Segregation of Assessment. AUTHORIZATION for the City Attorney to prepare a resolution authorizing the segregation of the assessment of a parcel involved in LID 316 , as approved by the Public Works Committee. SEWER (CONSENT CALENDAR ITEM 3F) 1985 Sanitary Sewer Rebuild. ACCEPT as complete the contract of Shoreline Construction for the 1985 Sanitary Sewer Rebuild Project and release of the retainage after receipt of the necessary releases from the State. 2 - May 3 , 1988 SEWER ( CONSENT CALENDAR ITEM 3G) Del Webb Sanitary Sewer Pump Station. AUTHORI- ZATION to transfer $18 , 400 from the Unencumbered Sewer Funds to the project fund to cover cost overruns in the project. (CONSENT CALENDAR ITEM 3H) Del Webb Sanitary Sewer Pump Station. ACCEPT as complete the contract with Harlo Construction for the Del Webb Sanitary Sewer Pump Station project and release of retainage after receipt of the necessary releases from the State. STREETS (CONSENT CALENDAR ITEM 3I ) Willis Street Improvements. AUTHORIZATION for the Mayor to sign an agreement with the State to incorporate the State ' s planned 1989 over- lay of Willis Street in the City ' s Willis Strut Improvement project, as approved by the Public Works Committee. SURPLUS PROPERTY Surplus Property - 102nd S.E. and S.E. 240th. This date has been set for a public hearing on the sale of a 50 ' x 50 ' parcel located in the vicinity of 102nd Avenue S.E. and S.E. 240th which the City has declared surplus. The City Clerk has given the proper legal notice. The Mayor declared the public hearing open. There were no comments from the audience and no correspondence has been received. WHITE MO�IED to close the public hearing. Woods seconded and the motion carried. JOHNSON MOVED that the hearing be closed and a call for bids be author- ized to offer the property for sale with a mini- mum acceptable bid being the appraised value. Woods seconded. Motion carried. REZONE (CONSENT CALENDAR ITEM 3D) Kantor Recreational Vehicle Park. ADOPTION of Ordinance 2776 rezoning the Kantor Recreational Vehicle Park from M2 , Limited Industrial , to MRM, Medium Density Multifamily Residential , with certain conditions as approved by the Council at its meeting on April 19, 1988. COMBINING DISTRICT (CONSENT CALENDAR ITEM 3E) Kantor Recreational Vehicle Park. ADOPTION of Ordinance 2777 approving the Kantor Recreational Vehicle Mobile Home Park Combining District to allow development of a recreational vehicle park with certain conditions as approved by the Council at its meeting on April 19, 1988. 3 - I May 3 , 1988 FINAL PLAT (CONSENT CALENDAR ITEM 3L) Sanctuary No. 3 Final Plat No. SU-87-2. AUTHORIZATION to set May 17, 1988 as the date for a public meeting to consider the Sanctuary No. 3 Final Plat No. SU-87-2 . The site is located at 4802 So. 216th Street between 42nd Avenue South and Frager Road. ANNEXATION ZONING LeBlanc Annexation Zoning - AZ-87-5. This is the first hearing to consider the Hearing Exam- iner ' s recommended initial zoning of the LeBlanc Annexation No. AZ-87-5. The property is approx- imately 15 acres in size and is located south of S.E. 232nd Street and east of 112th Avenue S.E. The Hearing Examiner has recommended zoning of MRG, Garden Density Multifamily Resi- dential (with a maximum density of 12 units per acre ) for the LeBlanc Gardens area and R1 -9. 6, Single Family Residential (minimum lot size 9600 sq. ft. ) for the remainder of the site. The two conditions recommended by the Hearing Examiner are outlined in her findings and recommendation dated March 23 , 1988 (revised ) . Fred Satterstrom of the Planning Department noted that the second public hearing on this matter will be held on June 7, 1988. Greg McCormick of the Planning Department described the area and noted that it was annexed into the city in June of 1987. He also noted that this property was involved in 1985 in a Comprehen- sive Plan Amendment request by the property owner which requested an amendment from the existing single family density to a multi- family designation. This was reviewed by the Hearing Examiner and Council and approved. The Mayor declared the public hearing open. Dennis Dague, 11218 S.E. 234th Place, read from the Hearing Examiner ' s Findings and Recommenda- tion as follows: 1. The City of Kent 'Zoning Code gives the undersigned no discretion with respect to recommendation for zoning on newly annexed land. Specifically, Kent Zoning Code Section 15.09.055 D indicates "the decision of the Hearing Examiner shall be limited to recommending initial zoning designations which are consistent with the current Comprehensive Plan". 2. For reasons which are entirely unclear to the undersigned, the Comprehensive Plan and the East Hill subarea Plan were amended in April 1985 to designate portions of the subject property from single family, 4-6 units per acre, to multifamily, 7-12 units per acre. 4 - May 3 , 1988 ANNEXATION ZONING s. Considering the proximity of single family uses on three sides of the subject site, it is difficult to ascertain why the currently existing Comprehensive Plan designates portions of the site as multifamily. 4. However, given the total absence of discretion granted the undersigned in annexation hearings, I am mandated to recommend initial zoning consistent with the currently existing Comprehensive Plan. Dague noted that the Hearing Examiner was man- dated to make that recommendation. He said he felt that they had had a non-hearing, since it was predetermined what the outcome would be, and that he intends to advance this to the Attorney General. He suggested that the Code be changed to allow more discretion to the Hearing Examiner. Dague also noted that there was insufficent notification of these hearings. He said that Park Orchard School knew nothing of the hearing until he told them, and that the residents of the housing area directly across the stret were not aware of it either. He said that one of the people who is on the mailing list did not receive their notice and suggested that the notification procedure for hearings and Council meetings be changed to include notification to the principals of the closest schools, as well as the PTA presidents and the school district. Dague then stated that the Planning DepartmentIs only reason for multifamily zoning is for tree preservation. He pointed out, however, that the plans show almost wall to wall pavement and buildings. He stated that most of the trees which are going to be saved are on the periphery, which could be done with single family development. He stated that the Plan- ning Department could make recommendations to take care of trees or to put up additional barriers with trees , but they have no force of law; developers often look only at profits. The real issue is the building of multifamily units in a single family neighborhood, and that it should not be allowed. He noted that the school district had contacted the Planning Department in 1985 and in 1988 regarding the lack of sidewalks, the narrow roadway and lack of shoulders making the area dangerous for pedestrians. Dague suggested that the LeBlanc Annexation be developed as a park, and that if multifamily units are built there, a full EIS be required of any builder. He suggested that - 5 - May 3 , 1988 ANNEXATION ZONING the LeBlanc Annexation be zoned only for single family homes consistent with the single family zoning in the surrounding community. Warren Tuttle, 11208 S.E. 235th Place, stated that he is opposed to multifamily zoning. He said he agrees that it seems the Hearing Exami- ner was bound by law to recommend as she did. Upon the Mayor ' s question, City Attorney Driscoll explained that the Council can, upon hearing public testimony, make a determination that may be different from the recommendation of the Hearing Examiner; however, the Council would need to articulate the reasons for the change in the recommendation of the Hearing Examiner. Upon Tuttle ' s question, Driscoll confirmed that the Hearing Examiner is bound by what the Comprhensive Plan provides, which is according to State law and subsequent City ordinance. Tuttle stated that the main concern of the residents of the area is the welfare of their children. He noted that 112th Avenue S.E. is very narrow, and that cars have to stop to let children walk down the road. A daycare center has added to the traffic congestion and speedin is a problem. 112th Avenue needs improvements now and apartments will add to the problems. He urged the Council to zone the area single family. Ed Smith, 23508 112th Avenue S.E. , urged the Councilmembers to visit the area at 8: 30 a.m. when children are walking to school or 2: 30 p.m. when they are coming home, so that they can see how dangerous this narrow road is. He noted that according to the Planning Commission minutes of February 26, 1985, City staff would be compelled to recommend multifamily zoning for this annexation. He said he hoped the Council did not feel so compelled. Carol Smith, 23508 112th Avenue S.E. , noted that the resi- dents fought against multifamily zoning in 1985. She said that a local improvement districts for sidewalks has been suggested but many resi- dents do not have children and that half of the condominiums are now rentals. Mrs. Smith suggested cutting the number of units from 7 - 12 to 7 - 8 if the real reason is to protect the trees, which would bring in a higher level of condominium which people would live in rather than rent out. Tilak Sharma, 11205 S.E. 235th, noted that he bought his home nine years ago thinking that they would not be living among 6 - I May 3 , 1988 ANNEXATION ZONING apartments and condominiums. He noted that fifty people had come to a meeting last January and about twenty had made presentations, but felt these were meaningless if the Hearing Examiner was mandated to make certain recomend- ations. He felt they should have been told that in the beginning. Sharma recommended that the Council visit the area during school hours and pointed out that Park Orchard School is already overcrowded with no room for expansion. He stated that the property values have already decreased and that because of the condominiums and apartments in the area, the crime rate has gone up. He noted that there are no stop signs since the condominiums and apartments are on private property, and that this makes driving very dangerous. Sharma pointed out that there are insufficient sewer lines in the area, and that whenever it rains, part of the area is flooded. There were no further comments from the audience and WOODS MOVED to continue the public hearing on the LeBlanc Annexation Initial Zoning No. AZ-87-5 to June 7, 1988. Johnson seconded and the motion carried. BUSINESS LICENSE Babe's Topless Nightclub. Mayor Kelleher opened the floor to anyone who wanted to speak on the licensing of a topless establishment on Pacific Highway South. Bob Brown, 2911 S. 252, stated that the residents of the area do not want this type of business there. He submitted a list of problems caused by a similar establish- ment in Federal Way. Mark Bradberry, Sharon Hoyt, and Pete Daigle also spoke in opposition. Erma Hanson urged the Council to deny Gerald John- son' s application for a business license and submitted a statement containing 130 signatures . Douglas Smith, Arlie Palmer, Brian Curran, Diana Ishlam, Irene Quinell, and Shirley Easter spoke against allowing the business to open. In response to a question from Arlie Palmer, Police Chief Frederiksen stated that they have increased patrols in the area and also encouraged citizens who are aware of any illegal activities to contact them. Dowell said that the uneven boundaries of the city make it difficult for police and fire to tell where the city begins and ends, and encouraged the citizens to con- sider annexation. 7 - May 3 , 1988 BUSINESS LICENSE McFall indicated that there are several ways th,:E� City could regulate this type of activity, and the Mayor noted that it could possibly be regulated under existing law. BITEMAN MOVED that the City Attorney be directed to investi- gate ways of preventing the location of any exotic dancing establishment in the proposed area, and that the matter be referred to the Public Safety Committee. Mann seconded. White offered a friendly amendment making it City- wide. Biteman and Mann accepted the friendly amendment. Upon Biteman ' s question, Driscoll stated that the U. S . Supreme Court has ruled that certain zones must be established, rather than outright prohibiting it. She said that she would research all legal avenues, including putting a moratorium on the permit. Isabel Foot voiced concern about drug activity and robberies in the area. Brian Curran sug- gested more restrictive land use and zoning. Satterstrom explained that the present ordi- nance regulates the location of adult book stores and motion picture theaters, and states that they must be 1000 ' feet from certain pro- tected uses such as single family areas , churches , schools and public parks . Don Barnes, 2907 S. 244th, noted that because of the conflict with Police and Fire and 911 , some of the residents of the area are consider- ing seceding from Kent . He suggested passing a zoning law saying this type of business is not allowed in this area. The Mayor explained that the City must comply with State and Federal laws in regard to zoning, and offered a com- mitment to try to keep this use out. Elsie Hurley spoke in favor of the motion. Upon a question from Robert Hoyt, McFall stated that the standard business license fee is $75 for a new business and $50 for each succeeding year. The Mayor indicated that the City Attorney would explore the possibility of different fees for different types of businesses . Erma Hanson spoke in favor of the motion. Deborah Shaffner stated that many residents of the area are willing to help the Council in any way they can. Don McKinney, Salt Air Hills Com- munity Chairman, asked the Council for their support. White stated that the Council intends to do everything legally possible to block the establishment. 8 - i i May 3 , 1988 BUSINESS LICENSE Upon a question from Robert Hoyt, the Mayor suggested that people interested in being con- tacted sign a sign-up sheet. Hoyt suggested a community meeting. Upon the Mayor ' s suggestion, Biteman agreed to incorporate setting a com- munity meeting on this issue into his motion. The motion they! carried. APPOINTMENTS (CONSENT CALENDAR ITEM 3C) Centennial Committee Appointment. CONFIRMATION of Mayor Kelleher ' s appointment of Russell Dunham to the Centennial Committee to replace Steve Harris. PERSONNEL (CONSENT CALENDAR ITEM 3K) Public Works Organizational Changes. AUTHORI- ZATION to change a part-time accounting posi- tion in Engineering to full time and to reclass a vacant Administrative Assistant position in the Operations Division to that of Administrative Assistant I and to fill that position, as approved by the Public Works Committee. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 9, 1988 after audit- ing by the Operations Committee at its meeting at 8 : 30 a.m, on May 16 , 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 3/28 - 4/13/88 59400 - 59414 59813 - 59836 $187,528.76 4/15/88 59840 - 60243 $966,015.83 Approval of checks_ issued for payroll: Date Check Numbers Amount 4/20/88 103117 - 103713 $601, 145.40 REPORTS Council President. Council President White announced that there will be a workshop on May 10 at 7: 00 p.m. to review the first quarter financial report and budget projection. White also noted that the Council will meet on May 24 at 7 : 00 p.m. in the Council Chambers with the Federal Way School District Board of Educa- tion. 9 - May 3 , 1988 REPORTS White noted that the Suburban Cities dinner will be on May 11 in Lake Forest Park and asked that interested Councilmembers contact Alana. He stated that the speaker will be Dick Larson of the Seattle Times. White stated that he had received a letter from Raul Ramos regarding multifamily density reduc- tion and he referred it to the Planning Commis- sion for review. Operations Committee. Houser noted that the last meeting had been cancelled and that the Committee would meet on May 16 at 8: 30 a.m. Public Works Committee. Johnson noted that the Committee will meet on May 10 at 4: 00 p.m. in the Engineering Conference Room. Parks Committee. Dowell noted that the Com- mittee will meet on May 25 at 4: 00 p.m. in the Courtroom. ADJOURNMENT DOWELL MOVED to adjourn at 9: 30 p.m. White seconded and the motion carried. i Brenda Jacober Deputy City Clerk 10 -