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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/16/1988 Kent, Washington August 16, 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 and White, City Administrator McFall, City Attorney Driscoll, Planning Manager Satterstrom, Public Works Director Wickstrom and Finance Director McCarthy. Also present: Fire Chief Angelo, Assistant City Administrator Hansen and Personnel Director Webby. Councilmember Woods was not in attendance. Approximately 25 people were at the meeting. PRESENTATION American Legion Presentation. A certificate of appreciation was presented to Council President White who spoke at the Memorial Day service. CONSENT CALENDAR BITEMAN MOVED that Consent Calendar Items A through J be approved. white seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 2 , 1988. WATER (CONSENT CALENDAR ITEM 3F) Condemnation Ordinance - Kent Springs Transmission Main. ADOPTION of Ordinance 2795 providing for the acquisition through condemnation, to acquire an easement for construction of City water main facilities, located at the following areas : on the east side of 132nd Avenue S.E. approximately 300 feet south of S.E. 272nd Stre- t; between 120th and 124th at the S. 286th block; and between 282nd and 274th at the South 278th block, as was approved by the Council on August 2, 1988. 1987 Water Main Replacement. Bid opening was held on August 12 , 1988, with seven bids received. The low bid was submitted by Paramount Pacific Cor- poration in the amount of $594, 393 . 24. The Director of Public Works recommended acceptance of the low bid. JOHNSON SO MOVED. Houser seconded and the motion carried. SURPLUS PROPERTY (CONSENT CALENDAR ITEM 3G) Upper Mill Creek Detention Basin. ADOPTION of Resolution 1179 to set a hearing date of September,._ for the sale of a house at Upper Mill Creek Deten- tion Basin which is surplus to the City ' s needs. August 16, 1988 SURPLUS PROPERTY (CONSENT CALENDAR ITEM 3I ) Surplus Vehicles. AUTHORIZATION to declare as surplus vehicles described in the Fleet Manager ' s memo and to offer same for sale at auction. (Vehicles 5, 20 , 27, 31 , 34, 48, 63 , 68, 69, 299, 309 , 313 , 362 and 387 . ) SHORELINE PERMIT (CONSENT CALENDAR ITEM 3C) - APPEAL Triad Development Appeal (SMA-88-4) . SETTING a public hearing date for September._.6, 1988 on an appeal of the Hearing Examiner ' s conditions of approval for the Signature Pointe Shoreline Sub- stantial Development Permit (SMA-88-4 ) . This appeal was filed by Fred Grimm of Triad Development, for the proposed 584-unit multifamily complex at 64th Avenue South, south of Meeker. ZONING CODE (CONSENT CALENDAR ITEM 3H) Procedures for Housing Element Work Program. ADOP- TION of Ordinance 2796 which designates procedures for amendments to the comprehensive plan, zoning map and zoning text, if any should result from the work program; grants to the Planning Commission the authority to consider and make recommendations on zoning map amendments , in lieu of the Hearing Exam- iner; specifies that amendments to the Comprehen- sive Plan may be made simultaneous with, or prior to amendments to the Zoning Code; and provides for public notice procedures for public hearings on amendments proposed as a result of this program. This work program was authorized by the Council on July 5, 1988 by Resolution 1172 . Zoning Code Amendment. On July 25, 1988 the Plan- ning Commission recommended to the City Council that the Kent City Code Section 15. 09. 030E be amended to give the Hearing Examiner discretion in approving, denying or conditioning exceptions to development standards including height of unique structures , signs and setbacks when a conditional use permit is required. Fred Satterstrom of the Planning Department noted that the amendment would allow the Hearing Examiner to address unique opportunities and to consolidate processes in order to expedite the process. The Mayor noted that presently conditional use permit appeals come to the Council and that this revision would allow the Hearing Examiner to exercise the 2 - \/ I August 16 , 1988 ZONING CODE type of discretion previously exercised by the Council. Biteman noted that he would like an oppor- tunity to discuss this change, which would appear to put all the power in one person ' s hands . He then MOVED that this issue be discussed at a work- shop session. White seconded and the motion carried. REGULATORY REVIEW Regulatory Review Request - Appeal. On July 25, APPEAL 1988, the Planning Commission denied a regulatory review request by the Carolina Berg Estate to allow a public storage facility in a Community Commercial zoning district. The applicant is appealing the decision of the Planning Commission. Stephen Clifton of the Planning Department reviewed the Planning Commission action. Pete Curran, attorney representing the Berg Estate, stated that they had filed an appeal of the Planning Commission' s decision on July 29, 1988. Curran noted that Plan- ning Director Harris has recommended that this appeal be referred to the Planning Committee, and that he concurs . DOWELL SO MOVED. Houser seconded and the motion carried. PLANNED UNIT Proposed Planned Unit Development Ordinance. On DEVELOPMENT July 19, 1988, the Council Planning Committee unanimously recommended that the recently formed PUD Citizens Advisory Committee ' s recommended changes to the PUD ordinance be adopted, as earlier recommended to the City Council by the Planning Commission. Fred Satterstrom of the Planning Department thanked the members of the Committee for their efforts. He stated that the three major changes in the ordinance are as follows : 1. Review time has been shortened. A PUD application can be approved by the Hearing Examiner without moving on to the City Council except on appeal. Also, other land use processes, such as conditional use permits, may be consolidated with the PUD review. 2. Housing mix. The requirement that each residential PUD consist of all types of housing has been dropped in favor of a density bonus incentive that encourages a mix of housing types. 3. Density bonuses are more refined. The process for determining residential density bonuses is better defined and the design objectives of PUD's are clearer than in previous drafts. - 3 - August 16, 1988 PLANNED UNIT Satterstrom urged the Council to adopt the proposed DEVELOPMENT ordinance. Upon Biteman ' s question, Satterstrom noted that one of the goals of the committee was to streamline the process while still providing for public input, and that the time factor would be shortened considerably by allowing the Hearing Examiner to approve the applications. He also noted that any appeals would go to the Council. DOWELL MOVED to accept the decision of the Planning Committee and Citizens Advisory Committee ' s recom- mendation and to direct the City Attorney to pre- pare the ordinance. Biteman seconded. Motion carried. LITTER Litter. Jewel Melton, 23605 105th Place S.E. , noted that there is a litter problem in the shop- ping center at 104th and 240th, and also indicated that trucks park there overnight. The Mayor directed the Public Works Director and Kathy McClung of the Planning Department to look into the matter and contact Ms . Melton. FIRE DEPARTMENT West Hill Fire Station - Grade and Fill Contract. In order to complete the West Hill Fire Station in a timely manner, two phases will be required. Bids for the first phase, which is the grade and fill, were opened August 4, 1988 at 2 : 30 p.m. The Fire Chief recommended that the bid of Santana Trucking & Excavating in the amount of $245, 278. 90 be accepted. BITEMAN SO MOVED. Houser seconded and the motion carried. ANNEXATION ZONING LeBlanc Annexation Zoning. At the Council meeting of August 2 , 1988, Dowell ' s motion to approve the Hearing Examiner ' s recommendation ( 12 units per acre) was tabled. Ordinance 2791 , revised to reflect this action, has been distributed along with all background minutes of the hearings held before the Hearing Examiner and before the Council. Dowell withdrew the tabled motion. HE THEN MOVED to approve the ordinance changing the number of units to 12 and eliminating Condition No. 3 : ( 3 . Prior to the issuance of a development permit fcr a perm_tted use for any properties within. the Le?lan,c Annexation area, the owner shall improve 112th Avenue, or a portion thereof, as is appropriate, in order to fully address the impacts associated with the development. This obligation may be met ty agreeing to participate in the formation of and to pay i _c proportionate share of the final costs (.` a Local improvement District to improve 112th Avenue.) 4 - i August 16, 1988 proposed to elim- inate ted ANNEXATION ZONING Bateman seconded. Dowell n D p p Condition No. 3, as it could be considered as taking of property and that it appeared that SEPA would oversee this particular issue. Johnson stated that he had no problem with the language in Condition No. 3. Dowell stated that he believed that traffic mitigation procedures will be enforced on this property as with any other property. Mayor Kelleher noted that SEPA is administered by local officials and that he had authorized mitigation agreements to be utilitized until the Council decides if this is the process to be used for miti- gation traffic impacts . McFall determined for Biteman that the owners had filed a letter stating that they were willing to participate in the improvement of 112th. Driscoll clarified that SEPA requirements included consider- ation of all elements of development, including traffic impact. The extent of the mitigation requirements under SEPA might not be exactly the same as that proposed in Condition No. 3 . Upon White ' s question, Driscoll noted that the letter would not bind the owners to participate in the LID. White then suggested a friendly amendment to Dowell ' s motion; to provide for requiring the appli- cant to participate in an LID for improvement of 112th or to sign a "no-protest" agreement. Both Dowell and Biteman accepted this . James Graham, attorney for LeBlanc, noted that the subject is zoning of the property at this point and that development of the property would require approval of the Planning Department, as well as the Public Works Department. He noted that the owner was willing to participate in an LID for improvement of the street and for sidewalks. Resi- dents of the area had recently met at the LeBlanc ' s to discuss the problems and several had asked that their names be removed from a petition opposing the multi development zoning for a portion of the annexation. He submitted some letters to this effect as well as letters favoring the proposed zoning. These were filed for the record. Jeff Garrett of 23512 110th Place S.E. noted that the Hearing Examiner had expressed concern over the high density and had stated that she had no power to recommend a lower density. Driscoll clarified for Mayor Kelleher that Comprehensive Plans in this state are not rigid law and that 5 - August 16, 1988 ANNEXATION ZONING Hearing Examiners have some general flexibility in interpretation of such Plans. Mrs . Ed Smith of 23508 112th Avenue S.E. stated that the high density proposed would result in more traffic at all times, not just peak hours. She commented that retired people go places more times per day than those who are working. She com- mented that those residents without children would not want to participate in an LID because of the cost and also because trees along the right of way would be lost to a street improvement project. Ed Smith stated that the owner had stated that the higher density would save more trees on the site and questioned how 12 units per acre could save more trees than 8 . He noted that those protesting the high density were concerned with the safety of the school children. He distributed sketches show- ing the kind and position of the trees for the LeBlanc parcel. He noted that he had a petition to circulate for an LID to improve the street and for sidewalks, but that the LeBlancs had not yet signed the petition. He stated he had been advised that assessments for LIDs are based on the potential for the property within the area. He suggested that the owner be required to sign a no protest agreement for an LID. Gene Martin of 11214 S.E. 234th Place spoke in favor of the LeBlanc proposal stating that it would enhance the area . He stated that he did not notice excess traffic on 112th during peak periods . Dennis Dague had earlier filed for the record excerpts from Hearing Examiner and Council hearings as well as portions of staff reports . These were included in the packet . He stated that the Kent City Code does put a limita- tion on the Hearing Examiner in respect to zoning recommendations. It was clarified that the "no protest" would apply for the single family zoned area as well as for the multi zoned. "Peak hour traffic" was clarified for Dague by the Mayor. Dague stated that both the Fire Department and the School District had noted the need for a wider street. Tilak Sharma, 11205 S.E. 235th, stressed the safety of the school children and the need for improvement to the street. He stated that the Council members should visit the area and observe the traffic con- gestion. Brian Predmore of 23230 112th Avenue S.E. expressed his concern for the safety of the child- ren, stating that the higher density would increase the traffic. 6 - August 16, 1988 ANNEXATION ZONING Leona Orr stated that it appeared to her that the owners were seeking 12 units per acre instead of 8 in order to help pay for the improvements to the street. There were no further comments and Mayor Kelleher noted that the motion before the Council is to adopt Ordinance 2791 fixing the zoning at 12 units and changing Condition No. 3 to the following: "Prior to the issuance of a development permit for a permitted use for any of the properties within the LeBlanc Annexation area, the property owner will be obligated to agree to participate in the formation of, and to pay for its proportionate share of the final cost of the Local Improvement District to improve 112th Avenue. " At Dowell ' s question, the Mayor noted that this language would include the "no protest" provision. Upon roll call vote, the motion passed with Biteman, Dowell, Mann and White supporting it and Houser and Johnson voting against it. PARKS & (CONSENT CALENDAR ITEM 3D) RECREATION Ordinance Prohibiting Skateboarding in Parks. ADOPTION of Ordinance 2794, relating to the Depart- ment of Parks and Recreation adding a new Section 2 . 30. 223 to the Kent City Code granting right-of- way to pedestrians within parks and prohibiting bicycling and skateboarding in certain posted areas as designated by the Parks Director. PERSONNEL (CONSENT CALENDAR ITEM 3E) Public Works Reclassification - Engineering Division. AUTHORIZATION for the reclassification of the posi tion of Administrative Assistant II , salary range 27, to Administrative Assistant III, salary range 32, effective August 16 , 1988. The reclassification was reviewed and approved by the Operations Com- mittee at its meeting on August 1 , 1988. Funds related to this request will be provided within the 1988 Public Works budget. APPOINTMENT (CONSENT CALENDAR ITEM 3J) Arts Commission Appointment. CONFIRMATION of the Mayor ' s appointment of Jim Land to the Arts Com- mission. Mr. Land will replace Trisha Evert who has moved from the area. This term will expire 1 0/91 . - 7 - August 16, 1988 BUDGET 1989 Budget. This date has been set to conduct a public hearing to receive input on community prior- ities and proposals for the 1989 Operating Budget for the City of Kent. Public input is accepted at this time in order to allow suggestions made to be incorporated into the 1989 budget proposal. The Mayor declared the public hearing open. Dee Ecklund, President of the Chamber of Commerce, noted that the Chamber had filed a letter for the record supporting funding of traffic issues, main- taining the contingency fund at 8% of the operat- ing expenditures and decreasing the utilty taxes to 2% on City-owned utilities and 2 . 5% on non-City utilities. The 6 . 5% tax on garbage bills is not addressed in the recommendation. Rev. Eckfeldt of the Human Services Commission, stated that he considers the allocation to the Commission to be a strong commitment to the community. He noted that many hours are spent reviewing the applica- tions for funding and Dee Moschel explained the guidelines used i the evaluation. Eckfeldt also stated that he appreciates Kent ' s role in the Human Services Roundtable. Dee Moschel of the Kent Downtown Association stated that they appreciate the Council ' s support and that their goal is to continue to promote downtown for establishing businesses and shopping. There were no further comments and DOWELL MOVED that the public hearing be closed. Johnson seconded and the motion carried. No further action is required at this time. FINANCE ( CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 22 , 1988 after audit- ing by the Operations Committee at its meeting at 8 : 30 a .m. on Thursday , September 1 , 988. F_:pproval of checks issued for vouchers: Date Check Numbers Amount 7/13 - 7/14 62643 - 62645 7/15 - 7/26 63125 - 63152 $134,095.81 7/31/88 63171 - 63592 826,868 .43 $960.964.24 Approval of checks issued for payroll: Date Check_Numbers Amount 8/5/88 107509 - 108152 $639,962.25 8 _ August 16, 1988 REPORTS Council President. White noted that he had received a letter from Dr. John Huber regarding speed limits on Canyon Drive and referred it to the Public Works Committee. Operations Committee. Houser noted that the com- mittee will meet at 8: 30 a.m. on September 1 . Public Safety. Biteman noted that the ground breaking ceremony for the North Industrial Area Fire Station will take place at noon on September 7 and all are invited. ADJOURNMENT The meeting was adjourned at 9: 25 p.m. Marie Jense MC City Clerk 9 - j I