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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/16/1989 Kent, Washington May 16, 1989 g Regular meeting of the Kent City Council was called to order at 7: 00 g p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann, White and Woods, City Administrator Chow, City Planning Director Harris and Public Works Director Attorney Driscoll, yg Wickstrom. Also present: Fire Chief Angelo, Police Chief Frederiksen, Information Services Director Spang, Assistant City Administrator Hansen and Personnel Director Webby. Finance Director McCarthy was not in attendance. Approximately 60 people were at the meeting. PUBLIC National Association of Insurance Women. Mayor declared the week of May 21s t through May COMMUNICATIONS Kelleher decl y g Y 27th as National Association of Insurance Women Week. The proclamation was accepted by Janice Williamson, Insurance Women of South King County. Teen Town Twirlers. May 22nd through May 28th was proclaimed as Teen Town Twirlers and the proclamation was accepted by Robb Scribner, Director. A demonstration was presented by the dance group. CONSENT WHITE MOVED that Consent Calendar Items B through M be approved. Woods seconde d. Item A was remove d b CALENDAR pp Y Councilmember Dowell. The motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) REMOVED BY COUNCILMEMBER DOWELL Minutes of May 2 . 1989. The City Attorney noted and the Council concurred that the minutes of the executive session, shown on Page 10, should reflect that the motion was made by Biteman, not by Dowell. DOWELL MOVED to table the minutes until the next Council meeting for purposes of clarification of a particular item. There was no objection and it was so ordered. WATER (CONSENT CALENDAR ITEM 3I Bennett Business Center. ADOPTION of Resolution 1204 authorizing a master meter for the Bennett 1 May 16, 1989 WATER Business Center with conditions as approved by Council on May 2, 1989. (CONSENT CALENDAR ITEM 3K) Out-of-State Trip. AUTHORIZATION for Operations Division staff member to attend a water pollution control meeting in San Francisco, as approved by the Public Works Committee. (CONSENT CALENDAR ITEM 3L) Garrison Creek Detenti on Pond. AUTHORIZATION for the Mayor to sign an agreement with WSDOT for City' s participation ation in the improvement of the Garrison Creek Detention Pond facility and authorization to establish a budget to transfer $225, 000 from the unencumbered sewerage funds to this project. This item was discussed at the Operations Committee meeting of May 15. ZONING CODE Appeal - Prodigals Resident Discipleship Home CE-89 APPEAL -1. This hearing will consider an appeal of the Hearing Examiner's recommendation of conditional approval for a public welfare facility as specified in Section 15. 08. 030B4 of the Kent Zoning Code. The property is located at the southeast corner of 40th Ave. S.E. and So. 216th St. Carol Proud, of the Kent Planning Department, gave a staff presentation on the proposal , pointing out that the area is approximately roximatel 11. 2 acres in size p y and is within a residential/agricultural zoning district. Proud noted for Woods that if there were plans to increase in size in the future, the applicant would have to go through the process again. Biteman recommended that the ingress, from the lower level to the uphill side, be altered. Upon questions from White and Woods, City Attorney Driscoll explained the criteria for an appeal as outlined in the Kent City Code. WOODS MOVED that the appeal is not properly taken because it does not meet the criteria for appeal, as outlined in the Kent City Code. Biteman seconded. Dowell pointed out that one of the reasons mentioned by the 2 May 16, 1989 ZONING CODE Attorney was an error of procedure and said perhaps APPEAL the meet ing should not have been held due to the weather. Several citizens noted that the weather that night, and that the had been very bad t g , Y had not Y been properly notified of th e meeting Proud stated that the Planning Department artment had notified all p residents within 200 feet of the site, as required by the Code, as well as publishing a notice in the Valley Daily News and posting three signs at the site. Woods withdrew the motion and Biteman the second. Mayor Kelleher then opened the public hearing. Brenda Dreisow, 5221 So. 212th St. , inquired as to the number of teachers and caretakers and the location of the property, as well as activities and transportation. Thomas J. O'Connell 20439 Frager Road, Kent, voiced concern about thep g ro r am s success rate as well as the fact that there is no public transportation in the area. He felt that the permit should be conditioned on satisfactory performance. Pastor Ronald A. Brooks, 26632 Carnaby Way, Kent, Director of the project, indicated that this will be an educational facility for 10 adult women who have been victimized and abused by the urban culture, and would include a discipleship department, a wellness department and a vocational department. He noted that the facility will be remodeled at a cost of $250, 000. 00. He noted that there will be one rans vehicle to provide transportation for all of the p students. Pastor Brooks noted that The Church by the Side of the Road focuses around the life of the church with targeted ministries designed to address the issues of this specific population. He practices an open ministry emphasized the church p Y to P those who participate, but that certain criteria would be necessary for students to remain in the He noted that there is no way of knowing program.how many students and caretakers will be needed in the future and that 75 residents is only a 3 May 16 , 1989 ZONING CODE projection. Pastor Brooks pointed out that APPEAL invitations were extended to the residents to come to the church on February 23rd for a formal presentation regarding the details of the program, and that a ministry prospectus is available. Upon White's question, Pastor Brooks noted that their is similar to the Teen Challenge program Program, but that they focus on wellness and vocational issues as well as discipleship. Pastor Brooks then introduced Victoria (Jamie) Owens, 26632 Carnaby Way, Kent, who will be graduating from the Lifestyle Reorientation Pilot Program. Ms. Owens stated that she is a recovering g alcoholic and drug addict and had spent most of her life living in various subcultures. She said she entered the program three years ago and is currently attending Pierce College in Tacoma. In addition, she is an intern drug and alcohol counselor at Riverton Care Unit at Riverton Hospital and does drug and alcohol counseling at the church, as well as working with individuals in biker and prostitute lifestyles. She noted that through the support of the church and its members, and their intensive program, she was able to change her lifestyle. She indicated she will be working in the wellness department of the program instructing students how to get out of their present lifestyle and be productive members of the community rather than a hazard. Gene Stewart, 7313 24th Ave. N.W. , Seattle, Project Director for the home, indicated that this is not a drug and alcohol rehab center, a work release program or a drying out center. He noted that students entering the program will have made a firm and public commitment to a long term rehabilitation prog ram. Stewart noted that they wish to start wit h grm 10 women and may ask for permission to expan d in the future. He said they received support from DSHS and will be licensed as a boarding home, as meals and housing will be provided. Stewart noted that students will receive remedial math, reading, GED and vocational training. He said that the remote area is exactly what they desire, and that public 4 May 16, 1989 ZONING CODE transportation is not desired. He pointed out that APPEAL medical care is provided, but not on site, and that 911 would be called in the event of an emergency. He also said that students' time will be closely regulated, and no one will be off the property. Upon Dowell ' s question, Stewart indicated that this will be a taxable operation. Sherri Donofrio, 28444 26th So. , Federal Way, for the safety of the older people expressed concerny p P in the area. She asked who would monitor this who would be accountable for an program, and Y problems. She asked if the students would be drug and alcohol free before entering the program and whether there would be a methadone program. She also asked if more vehicles would be required as the u facility grows, if police would d monitor the neighborhood and if the church is subsidized b the g Y government. Norman Fischler, 21866 46th Ave. So. , Kent, voiced concern about vandalism and safety, and asked what safeguards would be taken and who would be accountable. Brenda Dreisow, 5221 So. 212th St. , Kent, wondered how outside commuters will arrive to the home, what will happen if students don't stay with the PP Y program and what protection is available for the residents of the community. Richard Omlid, 20655 Frager Road, Kent, felt that since these are from the Sea Tac strip area people this should be handled by the newly formed City of Sea Tac. Houser noted that because of the enforcement efforts of Sea Tac Airport, street people have migrated to Kent. Mayor Kelleher noted that Chief Frederiksen is aggressively working to address these problems. Isabel Donofrio, 4248 So. 216th, Kent, stated that in addition to alcohol and drug problems, some of the women have police records. 5 i May 16 , 1989 ZONING CODE Don Knapp, 25046 38th So. , Kent, asked whether the APPEAL City of Kent could close the home if it is not run right. The City Attorney responded that if a condition has been violated, and a citation is issued to the property owner, the permit can be revoked after a court hearing. Caro l Proud noted that Condition 5 of the Hearing Examiner' s recommendation, states that the conditional use permit should be clearly conditioned on satisfactory performance, which includes no in criminal conduct originating from or initiated from the site. She pointed out that if there were any problems the Hearing Examiner would remand the matter to the Council for review. Umlid felt there would be no need for it to go back to Council when they had approved the original proposal. The Mayor noted for Ms. Donofrio that problems would be handled like any other violation in the City. Upon Dowell 's question, the City Attorney noted that to her knowledge, no conditional use permits have been revoked, that the problem is usually worked out with the land owner to come back into compliance The City Attorney stated for with the permit. T y y p � Johnson that there are no routine reviews only those based upon violations. She also noted that the Council does have the authority to condition approval of the application on an annual review of the conditional use permit. It was noted that many of the decisions the Council is called upon to make are difficult and the Mayor noted that sometimes Councilmembers become interested in serving on the once frustrated citizens Council because the were n Y sitting in the audience. Thomas J. O'Connell suggested having neighbors a monitor the home, and the Mayor said that that was one of the most common ways violations are brought to their attention. 6 I May 16, 1989 ZONING CODE Isabel Donofrio pointed out that the previous APPEAL hearing was not at a Council meeting and that the Councilmembers were not present. Councilmember Mann noted that this church has proven itself over the years and urged the Council to support the proposal. Edith Becker, 5239 So. 212th, Kent, expressed concern over the safety of her children and the other children in the neighborhood. Gene Stewart reported this will be a very controlled environment that students must sign a contract and that the must be free of drugs and alc ohol. He Y g said the church is accountable and will monitor the program and will follow all rules and regulations. He said they are not opposed to an annual review. Stewart pointed out that the resident director lives on the premises and he and his family will monitor the students. He reiterated that these people are not under treatment - they will have a 3-month history of being drug free as well as a de sire to get off the street and back into society. He noted that each residence will house a maximum of 10 students and a resident director. There will be one van on site for transportation to scheduled events such as support groups. He stated that the students will have no free time. He noted that if a student leaves the program, she cannot stay at the facility. Stewart noted that crime is everywhere and that if a robbery is committed in the neighborhood, it should not be assumed one of the students from the home committed it. He asked that these people be given a chance. Stewart noted that the church is not subsidized in any way by the government, and that the number of vehicles will not change in the future. Stewart noted for O'Connell that it will cost a quarter of a million dollars to start, and that operating costs are unknown at this time. He said they receive funding from large corporations in the area. Stewart explained that the people who come to 7 May 16, 1989 ZONING CODE the church for help are invited to come to one of groups. said stude nts are selected APPEAL the support g s. He p advisory council of professional people. b an advi Y Y Upon a question from Sherri Donofrio, Mayor Kelleher reported the home is bound only to the conditions which are contained in the Hearing Examiner' s recommendation and any additional recommendations that Council may place upon the permit. Stewart noted for Norman Fischler that each residence of 10 people will have a resident director. Richard Omlid voiced concern about the land values of adjacent properties. Stewart indicated that casual visitors are discouraged because the idea is to break people away from their past relationships. BITEMAN MOVED to close the public hearing. Mann seconded. The motion carried. Woods stated that she is glad she withdrew her motion and had this conversation. SHE THEN MOVED to modify the findings of the Hearing Examiner to concur with the Hearing Examiner's recommendation of approval of the Prodigal Residence Discipleshop Home Conditional Use Permit No. CE-89-1 with 8 conditions, plus a 9th condition to read as follows: "Said conditional use shall be reviewed anually by the Hearing Examiner for purposes of compliance. " Woods st ated that the church seems willing not only to accept that condition, but input from the community as well. White expressed concern over who would be liable if the permit is pulled after one year for an infraction. The City Attorney reported that the City has legal authority to review and revoke a permit if the conditions are not being met, so this would be consistent with existing practice, except for the annual review. 8 i I May 16, 1989 ZONING CODE Dowell stated that the citizens of the community APPEAL should have an opportunity to bring up their questions before the Hearing Examiner which they couldn't do Previously because of inclement weather. Houser stated that if the audience wants to meet with the Hearing Examiner and go through this again, they are welcome to do so, but that it may again be returned to the Council. Dowell pointed out that if the citizens have a hearing before the Hearing Examiner, they may be happy with the results and not need to appeal to the Council. Upon Biteman's question, Proud noted that there had previously been a nursery school at this location. White urged the Council to support this project. The motion then carried with Dowell voting nay. PRELIMINARY (CONSENT CALENDAR ITEM 3D) SUBDIVISION Eastwood Preliminary Subdivision No. SU-89-1. AUTHORIZATION to set June 6, 1989 for a public meeting to consider the Hearing Examiner' s recommendation of conditional approval of a 21-lot single family residential preliminary subdivision. The property is located at 100th Ave. S.E. and S.E. 244th St. ANNEXATIONS (CONSENT CALENDAR ITEM 3E) Hehr Annexation, No. AZ-89-1. AUTHORIZATION to set June 6, 1989 and July 18, 1989 as public hearing dates to consider the Hearing Examiner' s recommendation of initial zoning of R1-7 . 2 , Single Family Residential for the Hehr Annexation. The property is located on the west side of 116th Ave. S.E. approximately 150 feet south of S.E. 227th Pl. (CONSENT CALENDAR ITEM 3J) Mortensen Annexation. AUTHORIZATION to set June 20, 1989 as the date for a public hearing on Mortensen Annexation in the vicinity of 94th Ave. S. and S. 218th. 9 I May 16 1989 CONSENT CALENDAR ITEM 3M HUMAN SERVICES ( ) Human Services Funding. ADOPTION of Resolu tion 1205 relating to Human Services, establishing a predictable funding base for same out of the City' s General Fund. PARKS AND (CONSENT CALENDAR ITEM 3C) RECREATION Picnic Shelter Installation Projects. ACCEPTANCE of two picnic shelter installation proje cts for Van Doren's Landing and Briscoe Park as complete and release of retainage to Golf Landscaping upon receipt of state releases. Projects were completed within budget and in a timely manner with no change orders. Following is a cost breakdown: Van Doren' s Landing shelter installation Contract amount $16, 157 .71 Total $16, 157 .71 Briscoe Park picnic shelter installation Contract amount $17 ,411. 67* Total $17, 411. 67 * Contract price difference between two projects is because of a small path installation at Briscoe Park. (CONSENT CALENDAR ITEM 3H) Riverbend Golf Course Phase II Landscaping. ACCEPTANCE of Riverbend Golf Course Phase II Project as complete and release of retainage to Hall & Lindsay, Inc. upon receipt of state releases. Project was completed within budget and in a timely manner. Following is a breakdown: Original contract amount $1, 317 , 069 . 00 Change orders 79 , 154 . 86 Subtotal $1, 396, 223 . 86* Tax 104 , 796. 83 Total $1, 501, 020. 69 * $102 , 435. 76 tax exempt for trails. 10 May 16, 1989 FIRE DEPARTMENT (CONSENT CALENDAR ITEM 3G) Environmental Protection Agency Hazardous Materials 9 Y Class. AUTHORIZATION for use of City vehicle to attend an Environmental Protection Agency Hazardous Materials class in Boise, Idaho. Assistant Chief Berg and two firefighters registered for a local EPA class, however, the class has been changed to an out-of-state location in Boise, Idaho. East Hill Police/Fire Training Center and Fire Station. On May 2 , 1989, bids for the construction of the East Hill police/fire training center and fire station were opened. After reviewing all bids for base bid and alternate No. 1, low bidder was Mar Jon Contractors, Inc. , in the amount of $3 , 578 ,454 . 84 including tax. Fire Chief Angelo noted that the bids had come in over what had been anticipated and that the difference would be made up from the Contingency e also noted that there would be very Fund. H Y tight management of the project and that any unprojected income would be put in the Contingency Fund. He requested that the low bid be awarded to Mar Jon Construction in the amount of $3 , 578, 454 .84 including tax. BITEMAN SO MOVED. White seconded and the motion carried. West Hill Fire Station and Police Office Facility. On May 2 , 1989, Council considered several courses of action with respect to the construction of the West Hill Fire Station and police office facility. From the minutes, Council ' s direction could be interpreted in a number of ways. Chief Angelo would like to have Council confirm that his perception of the direction is correct. Based upon that confirmation, Chief Angelo is recommending that the bid received on April 26, 1989 of the base bid and recommended alternates and substitutions be authorized and awarded to the low bidder, John Korsmo Construction of Tacoma, Washington in the amount of $1, 062 , 461.93 which includes sales tax but not contingency. 11 May 16, 1989 FIRE DEPT. Chief Angelo' s perception of council ' s direction: would like the West Hill project built that Council P 7 without the deletions recommended. Further, that Co uncil was authorizing additional 200000 from an $ , the Council remodel fund and the contingency of the CIP fund to complete the project. Finally, that the Chief was to fully analyze the bids and make a formal recommendation on awarding to the low bidder based upon that analysis. The Council confirmed that Angelo's interpretation of their direction is correct, and Angelo recommended that the bid be awarded tonight. BITEMAN MOVED to confirm Chief Angelo's perception of Council's direction, that the bid be awarded to Korsmo Construction and that the Fire Department be authorized to enter into contractual agreement with John Korsmo Construction of Tacoma, Washington for the West Hill fire station and police facility. Mann seconded. The motion carried with Johnson and Woods voting nay. PERSONNEL (CONSENT CALENDAR ITEM 3F) Actuarial Study. AUTHORIZATION to contract with Milliman and Robertson, Inc. for professional actuarial services. The contract will provide an actuarial review of the City's self-funded medical program and worker's compensation program trust funds. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills A ro QP P Ym b received through May 23 , 1989 after auditn g y the Operations Committee at its meeting at 2 : 30 p.m. on May 1, 1989. Approval of checks issued for vouchers: Date Check Number Amount 5/1 78902 $ 162 . 00 5/1-5/10 79469-79480 71, 004 . 50 5/12/89 79484-79883 $1, 287 , 165. 33 $1, 358, 331. 83 12 May 16 1989 FINANCE Approval of checks issued for payroll : Date Check Number Amount 5/5/89 118704-118707 $ 690, 270.28 REPORTS Council President. White reported that he had been in Washington, D.C. as a member of the National League of Cities Steering Committee on Transportation and Communication. He stated that they had discussed cable television legislation, as well as the National League of Cities ' position in regard to future federal gas taxes and how they might be utilized. Public Works. Johnson noted that the Committee will meet at 4 : 00 p.m. on Tuesday, May 23rd. ADJOURNMENT The meetingwas adjourned at 9 : 30 .m. 7 P Brenda Jacober Deputy City Clerk 13