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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/19/1989 Kent, Washington December 19 , 1989 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, White and Woods, City Administrator Chow, City Attorney Driscoll, Planning Manager Satterstrom for Planning Director Harris, Public Works Director Wickstrom, Finance Director McCarthy, Police Chief Frederiksen, Fire Chief Angelo, Assistant City Administrator Hansen, Interim Personnel Director Olson, Information Services Director Spang, Parks Director Wilson and Councilmember-elect Orr. Councilmember Biteman was absent. Approximately 85 people were in attendance. PRESENTATIONS (PRESENTATIONS - ITEM 1A) Firefighter of the Year. Fire Chief Angelo introduced Lt. Kevin Kearns, Firefighter of the Year. Lt. Kearns, who has been with the City for a number of years, has been involved with the City' s Master Plan and Public Safety Bonds and played a lead role in the implementation of the Valley-Com Computer-Aided Dispatch System. Angelo pointed out that Lt. Kearns was chosen by his peers . Mayor Kelleher presented the award. CONSENT WHITE MOVED that Consent Calendar Items A through U CALENDAR be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of December 5, 1989 with the following correction to Consent Item 3K, shown on pages 6 & 7 : State Department of EcologV Grant for Wetlands Inventory. The Planning Committee has recommended acceptance of a $6 000 coastal zone management grant from Washington State Department of Ecology to conduct a wetlands inventory in 1990 . This grant will be matched on a 50-50 basis by the City of Kent from funds set aside in the 1990 Planning Department budget. Upon White' s question, Harris noted that the staff will study ways to protect the wetlands, and make suggestions to Council. He assured White that it could not go into the SEPA process without Council ' s approval . WHITE THEN MOVED to adopt Item 3K. Woods seconded and the motion carried. (The underlined was inadvertently omitted from the minutes. ) 1 I I December 19 , 1989 HEALTH AND (CONSENT CALENDAR - ITEM 3E) SANITATION Hoagy's Corner Deli. ACCEPTANCE for continuous operation and maintenance, a bill of sale and warranty agreement for approximately 115 feet of sanitary sewer main constructed in the vicinity of Meeker and 64th Ave. for the Hoagy' s Corner Deli project and release of cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR - ITEM 3F) Bridgewater Phase III. ACCEPTANCE for continuous operation and maintenance, a bill of sale and warranty agreement for approximately 690 feet of water main and 455 feet of sanitary sewer main constructed in the vicinity of James and Russell Rd. for the Bridgewater Phase III project and release of cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR - ITEM 3G) Forest Creek Apartments. ACCEPTANCE for continuous operation and maintenance, a bill of sale and warranty agreement for approximately 857 feet of water main and 1, 299 feet of sanitary sewer main constructed in the vicinity of 248th and 100th Ave. S .E. for the Forest Creek Apartment project and release of cash bond after expiration of the one year maintenance period. WATER (CONSENT CALENDAR - ITEM 3H) 1987 Water Main Replacement. ACCEPT as complete, the contract with Paramount Pacific Corporation for the 1987 water main replacement project and release of retainage after receipt of the necessary releases from the State. SEWER (CONSENT CALENDAR - ITEM 3I) 1987 Sanitary Sewer Rebuild. ACCEPT as complete, the contract with Volker Steven Pacific, Inc. for the 1987 sanitary sewer rebuild project and release of retainage after receipt of the necessary releases from the State. STREETS (CONSENT CALENDAR - ITEM 3C) LID 335 - 77th Ave S Street Improvement from S . 202nd to S. 206th Streets - Resolution. ADOPTION of Resolution No. 1223 setting February 6, 1990 as the date for the public hearing on the formation of LID 335 . 2 December 19 , 1989 STREETS (CONSENT CALENDAR - ITEM 3D) LID 330 - 64th Ave. Improvements . AUTHORIZATION to set January 16, 1990 as the date for the public hearing on confirmation of the final assessment roll for LID 330 . (This date was subsequently changed to February 20, 1990. ) SIDEWALKS (OTHER BUSINESS - ITEM 4F ADDED) Sidewalk Policy. Joe Street asked from the audience that he be sent a written statement regarding the City' s sidewalk policy. It was determined that the Administrator and the Director of Public Works would do so. TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3J) signal Maintenance Agreement. As recommended by the Public Works Committee, authorization for the Mayor to sign an agreement with the Washington State Department of Transportation to transfer to Kent the operation, maintenance, and ownership of signals at SR 167 and 84th Ave. S . , SR 516 and SR 167 , and SR 516 and SR 181. (CONSENT CALENDAR - ITEM 3K) Agreement with Washington State Department of Transportation - Frager Road Guardrail (Meeker St. to S. 212th St. ) As recommended by the Public Works Committee, authorization for the Mayor to sign an agreement with the Washington State Department of Transportation for hazard elimination funds to place guardrails at critical locations along Frager Road from Meeker to S . 212th St. and to establish the budget for these funds which includes the transfer of $5, 000 from the Canyon Drive guardrail project fund. (CONSENT CALENDAR - ITEM 3L) Agreement with Washington State Department of Transportation - Canyon Drive Guardrail . As recommended by the Public Works Committee, authorization for the Mayor to sign an agreement with the Washington State Department of Transportation for hazard elimination funds to install guardrail on Canyon Drive north of Alvord Avenue to S .E. 252nd Street and establishment of a budget for these funds. 3 December 19 , 1989 TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3M) Agreement with Washington State Department of Transportation - LID 328 As recommended by the Public Works Committee, authorization for the Mayor to sign an agreement with the Washington State Department of Transportation for State overlay and bus pull-out funds for LID 328 and establishment of a budget for these funds. DOVER PLACE (OTHER BUSINESS - ITEM 4A) PRELIMINARY Preliminary Plat Approval Fred Satterstrom of the SUBDIVISION Planning Department noted that Agenda Item 4A was NO. SU-89-2 directly related to the two appeals scheduled for public hearings. It was agreed that the Dover Place Preliminary Subdivision consideration would be presented prior to the appeals and that no decision would be made until all three items had been considered. This meeting will consider the Hearing Examiner' s recommendation of conditional approval of the Dover Place 39-lot residential subdivision No. SU-89-2 . The property is located north of 103rd Ave. S .E. and S.E. 228th St. intersection abutting a portion of the west side of 104th Ave. S .E. This plat is part of the Dover Place planned unit development also approved by the Hearing Examiner. Carol Proud of the Planning Department gave a brief background on the 39-lot residential subdivision. She indicated the PUD portion of the proposal has already been conditionally approved and that decision is being appealed this evening. The applicant proposes to subdivide a 7 . 6 acre site into 39 residential lots, with a separate tract for open space. The size of the proposed lots will be between 4200 and 5, 000 square feet, open space will total 2 . 8 acres or 36 1/2% of the site. Approximately 33 , 000 square feet will be dedicated to active recreational area. Additional parking for 12 vehicles is proposed at the center of the northern cul-de-sac and 4 additional stalls adjacent to the southern cul-de-sac. A 30 foot wide 4 December 19 , 1989 DOVER PLACE landscaped area will be provided around the PRELIMINARY perimeter of the site as a buffer. This area was SUBDIVISION recently annexed into the city in 1987 as part of NO. SU-89-2 the East Hill Annexation and is adjacent to the Brier Lane Subdivision. The proposed plat is in compliance with the regulations of the subdivision code and the private road system will be developed to subdivision code standards. Ms. Proud described the zoning of the adjacent area. Stephen Clifton noted that Dover Place is the first PUD to be considered under the new ordinance. He covered the five step process an applicant must go through for a planned unit development, in addition to the seven density bonus standards required by the Hearing Examiner to attain a 20% density increase. Only four of these standards have been met, so a 14% density bonus was recommended to the Hearing Examiner. Clifton indicated that although the Hearing Examiner originally denied this request, this application was approved on October 25, 1989 on reconsideration based on new information provided by the applicant. These included widening the roads to 28 feet, supplying a parking plan and an open space plan. Depending upon the outcome of the Cam West appeal to be heard this evening, 38 or 39 units will be allowed. LEMMON APPEAL (PUBLIC HEARINGS - ITEM 2A) (DOVER PLACE) Lemmon Appeal - Dover Place PUD-89-1 and SU-89-2 . This public hearing will consider an appeal filed by Lucille and John Lemmon of the Hearing Examiner' s recommendation of conditional approval of the Dover Place PUD-89-1 and Preliminary Subdivision No. SU- 89-2 . The public hearing was opened by Mayor Kelleher. Lucille Lemmon, 22911 101st P1 . S.E. , showed the area on a map and described the surrounding zoning: to the east, single family homes on lot sizes from 7200 square feet to 11, 000 square feet; to the south, single family homes on land that is zoned 9600 square feet; to the west is undeveloped land 5 December 19 , 1989 LEMMON APPEAL zoned at R-1, 9 . 6 ; and she pointed out an area which (DOVER PLACE) will have 11 homes on 3 .73 acres. The proposed Dover Place Development has 7 . 6 acres and 38 or 39 homes are planned on typical lot sizes of under 4200 square feet, less than one-half the size of the surrounding neighborhood. According to Section 3 , Requirements and Standards for the subdivision of land, single family home divisions of over 4 lots must be on public roads. Multi-family zoned land can have private roads, but single family zoned areas cannot. Mrs. Lemmon noted that the Planning Department has stated that this is a single family, not multi-family zoned area and asked how can they have private roads and with a base of 34 homes. She therefore contended that the plat cannot be approved as is. She distributed some photos of Brier Development, which is zoned 9600 and is adjacent to Dover Place, pointing out how much open space there is between the homes and around the homes. She also showed photos of a Renton development that has 5 , 000 square foot lots and pointed out the differences, noting that the Dover Place proposal is smaller yet at 4200 square feet. Clifton explained for White that the overall density equalled one unit per 8400 square feet and that this included the entire tract - roads, open space, etc. Mrs. Lemmon reiterated that the lot size from fence to fence would be 4200 square feet per home. She further noted that according to the rules, Cam West must leave 35% of the development as open space; some of it active, some passive. A map is required, drawn to scale, showing the location, areas and dimensions of the common 'open space. The bonus points for open space consist of the following: active space 10% , passive open space 10% and native vegetation 15% . This would equal the mandatory 35% open space.. After the Hearing Examiner' s decision to deny the Dover Development, Cam West submitted another map showing an increase in the street width to 28 feet and the addition of 4 parking stalls, and yet, 6 December 19 , 1989 LEMMON APPEAL according to their figures, the open space area (DOVER PLACE) increased in size. Mrs. Lemmon stated that the Planning Department stated that they do not measure the land themselves, but rather take the developer' s figures as being correct. She stated she has asked repeatedly for a detailed map with dimensions as was required at the time of application and has been told there is none. Square footage has been given as 33 , 105, 33 , 980 and tonight ' s figure is 33 , 100 . She further questioned the lot sizes in the cul-de- sacs, the measurement of lot 36, the measurements of the roadways around the cul-de-sacs and the islands, the parking lot stalls and the sidewalk widths. Mrs. Lemmon asked where the biofiltration swale is to be located. She noted that it cannot go in the natural vegetation area or into the passive open space because nothing can be stored in the passive open areas according to the PUD guidelines and policies. She showed two photos of a biofiltration area, to give an idea of the size of the area required. The first one was taken of Brier Lane ' s biofiltration, the second was in Renton in a development of lots of 5 , 000 square feet. She further questioned the plans for Lot 36 which has been excluded from this development. There is a buffer zone separating it from the plat. The Planning Department has stated that Lot 36 will not be built upon until Benson Highway is expanded and that there can be no access to Benson Highway from this plat. She asked, therefore, where a driveway for Lot 36 could be built. She concluded that there was questionable doubt as to whether Cam West had indeed allocated the required 35% square footage to open space. Upon White' s question, Clifton stated that access to Lot 36 would be by an easement granted over Lots 37 and 35, and ncted that the applicants understand this. Mrs. Lemmon noted further that this PUD is also subject to the tree preservation ordinance and that in the scutheastern corner, there are six or seven large everygreens that are not shown on Cam West' s tree man. 7 December 19 , 1989 LEMMON APPEAL Mrs. Lemmon summarized her questions as follows: (DOVER PLACE) 1. The Zoning. The area is classified as SF-6, Single Family zoned and although a PUD, it is still governed by the single family zoning. A PUD does supersede normal platting codes but it must stay within the single family code. It cannot be changed to multi-family platting to allow the private roads ;and then revert back to be called a single family plat. 2 . Bonus Points . A PUD is different from traditional subdivisions and bonus points are sought in order to gain additional lots and she contended that the developer must prove to the city that they do, in fact, qualify for these bonus points . This should be done before the City Council approves the preliminary plat. Betty Hoff, 10023 S .E. 229th P1. , addressed the issue of how a new development would affect the traffic. She cited excessive speeding, the difficulty getting onto Benson Highway and the safety of school children in areas where no sidewalks exist. She also expressed concern on the overcrowding of the school systems and the effect on the quality of education. Dowell pointed out that in the interest of the appearance of fairness , he wished it known that in the course of his business, he had personally visited the site of the proposed development, but the visit would not affect his decision. Connie Baseman , 10206 S .E. 224th St. , expressed the -concern of overcrowding and its effect on quality 'of life. She also pointed out the citizens will carry the burden of increased taxes to cover the cost of new schools, as the newly built elementary schools are already filled to capacity. Irene Bouffard, 22916 101st Pl. S .E. , expressed concern on drainage and major flooding. She noted that Gwen Escher, of the School District had reported that East Hill .Elementary was 136 students 8 December 19 , 1989 LEMMON APPEAL over capacity as of October 2 , 1989 . She felt the (DOVER PLACE) City of Kent needs to follow the practice that new development be put on hold until all key services are available. Albert Sanders , 10925 S .E. 244th, felt the planning of the City was deteriorating and questioned whether the timing was right for the construction of another high density development. Curt Betchley, 10213 S.E. 228th St. , questioned the future maintenance of common areas and roads. Richard CaVs , 10214 S .E. 228th, questioned the prices on the new development as "affordable housing" . He felt the new development goes against goals, objectives and policies set forth by the Planning Department and urged the Council to reject the proposed development. Richard Phillips , 22829 103rd S .E. , spoke on the quality of life in Kent. He pointed out that 3 of the proposed houses could fit on his lot with land left over. He opined that the development was totally out of character with the neighborhood and raised questions on maintenance, parking, - overcrowded schools and traffic. Nadine Zackrisson, 500 108th Ave. N.E. , Suite 2100 , Bellevue, attorney representing Mr. Campbell, the developer of Dover Place PUD, pointed out this project meets all the criteria of the new PUD ordinance, meets the goals and policies of the East Hill Plan, the Comprehensive Plan and of the new housing element of the Comprehensive Plan. She stated that Dover Place meets the goals set out by the Kent Planning Department in their efforts to balance multi-family/single family housing, improve housing and provide more affordable housing. She pointed out that although the lots were small , the tradeoff was the open space, nearly 2 . 8 acres. She noted that the underlying zoning would allow 4 1/2 units per acre and the developer is asking for 5 units . This project will generate the same amount of traffic that any single family subdivision would generate. 9 December 19 , 1989 LEMMON APPEAL Zackrisson acknowledged that traffic is a daily (DOVER PLACE) problem and that the developer is dedicating a portion of its eastern property to the widening of 104th. Schools everywhere in this region are struggling with the issues of growth and overcrowding. A number of changes to state legislation, county regulations, coordination between school districts and local government have been recently recommended. She stated that the City has no regulations to impose mitigation fees or to slow down growth because of impacts on schools. The school district has expressed concerns about development but have emphasized they're not opposed to development. The school district anticipates thirteen elementary school age children out of this project. Similar projects that Mr. Campbell has been involved with really demonstrate that not many children live in this kind of development. Many are retired people who are looking for a smaller home or people who are moving into a first home ownership situation. She noted further that maintenance has also been brought up as a concern tonight and throughout the hearing and stated that the conditions of the Hearing Examiner require that 6 or 7 covenants or restrictions must be met. There is a home owner ' s association and there are prohibitions `on outside storage and on parking of recreational vehicles. She stated further that Dover Place is consistent with the adopted policies and called attention to some of the policies of the housing element of the Comprehensive Plan as shown in the Planning staff report. The report is a part of the agenda packet, and lists, in part, support of developments where densities and dwelling types are mixed, and increase the supply and affordability of housing for low and moderate income housing households . Zackrisson further noted that the City has adopted a PUD ordinance that includes a number of incentives to encourage these kinds of developments creatively. This is the first PUD under the revised ordinance and for the additional density, the developer has provided space, with 3/4 of an acre in an active play area for children and 39 units of attractive, 10 December 19 , 1989 LEMMON APPEAL affordable, single-family housing. There is a (DOVER PLACE) dedication of right-of-way for 104th Avenue and a contribution of approximately $42 , 000 for off-site traffic improvements plus an agreement to . contribute money to the construction of a traffic light at 228th and 104th when that light is warranted. There are a number of community benefits, therefore, that accrue from this project. She stated that Mr. Campbell has met with the community and the project has been modified a number of times, through the hearing process. A real effort has been made to deal with the concerns of the neighborhood. She pointed out that the staff and the Hearing Examiner have recommended approval and the City' s criteria has been met. She urged the Council to uphold the examiner' s decision and approve the PUD. Mann commented that he did not consider homes from $100, 000 to $135, 000 as affordable housing. Ms. Zackrisson noted that this is not low cost housing but probably moderate priced housing. Upon Mann' s further question, Eric Campbell, president of Cam West, stated . that the proposed houses are anywhere from 1222 square feet to 1910 square feet. He stated further that the dimensions of the plat have been available since June. He summed up benefits of the Dover Place development as: 1. A large play area for children and for adults to participate in recreation areas, 2 . Native vegetation area, not clear cut, 3 . Landscaped area with an evergreen buffer. He showed a tape of the Falconridge development to illustrate the sports court and another of a development north of Valley General Hospital, off Talbot Road, at approximately 169th showing the open space, the design of the homes, etc. 11 December 19 , 1989 LEMMON APPEAL Campbell stressed that some people believe that if (DOVER PLACE) native vegetation is saved, it' s much better to have a smaller lot and have more privacy. He noted that this appeals especially to senior citizens, who prefer a smaller lot, requiring less maintenance, first-time home buyers and working professionals . White asked about the storm water retention and Campbell stated that the requirement was for 200 linear feet of biofiltration and showed the proposed location. Upon further questions, he acknowledged tht this was an open ditch and what was called for by staff. White questioned the concept of open ditches and asked how these standards came to be. Carol Proud explained that biofiltration is a requirement that the Department of Public Works places on new development in the community as a result of environmental review through the state Environmental Policy Act. Typically, in larger lots down in the valley and the manufacturing districts, the biofiltration is a grassline swale which is gradual and therefore is not an open ditch. Unfortunately for some smaller lot developments, the design has been less than what some people feel is ascetically pleasing. She suggested that the Public Works Director could elaborate on the intent and design. White expressed concern that the Council had had no input into the subject of biofiltration swales. At the Mayor' s request, Driscoll explained that SEPA is a state act and the local governments each pass its own version of the act, usually general policies. Transportation policies, for example, are in the SEPA ordinance giving the parameters for the environmental review. Then that goes through a separate process, a review process, within the City; ultimately with the SEPA official who is the Planning Director. The process is a separate environmental review that goes through its own separate appeal process to a hearing examiner and then into the courts . The Council is not part of that process. 12 December 19 , 1989 LEMMON APPEAL The Mayor added that discretion is exercised not by (DOVER PLACE) the Council or by the Mayor but by the responsible SEPA official who is the Planning Director in Kent. Driscoll concurred. White objected to the Council getting calls criticizing the ditches when the Council had had no input. At the Mayor' s request Wickstrom noted that the Public Works Committee has asked that the Mayor appoint a member to the committee to represent the City and suggested that the City staff provide the technical input to the committee. The State Fisheries Department has mandated biofiltration any time that groundwater is entering the streams, such as Mill Creek or Garrison Creek. He noted that the City was using essentially the Storm Drainage Master Plan which has a section relating to maintaining water quality in the City. One of the ways of doing this is to provide biofiltration which is supposed to be very shallow swales which allow the grass to filter out the oils and greases before the water goes into the natural drainage courses or the fish- bearing streams . He noted also that an alternative is a catch basin type facility that ' s fairly expensive but allows the property owner to fully utilize the entire parcel . White noted that we were forming a committee with the Chamber of Commerce after the fact and having no information in advance. Wickstrom determined for the Mayor that this issue was addressed last week at the Public Works Committee meeting although the City has been enforcing biofiltration for more than a year. It was determined that the swale is to take care of oils and pollutants that come from driveways and roadways, etc. Wickstrom clarified for Dowell that biofiltration only relates to the storm drainage off the streets , to essentially clean up the oils and greases before 13 i I I i I I I ! December 19 , 1989 i LEMMON APPEAL they got into the natural water filters . He pointed ! (DOVER PLACE) out that Brier Lane has a detention basin which is not a biofiltration system. I Wickstrom noted that by 1992 the City will have to meet new federal standards relating to water quality. To do that we will probably have to end up retro-fitting some areas that are not meeting those standards . Rich Cardillo , of 2423 S.E. 8th Place in Renton ! stated that he is President of the Falconridge Residential Park Association, a PUD that is in the southeast corner of Renton. He stated that he liked the smaller lots, and that the smaller road widths have provided for more open space areas that enhance the environment and that covenants control maintenance. Upon questions from Mrs. Lemmon, he noted that sidewalks were on one side of the road only and that only one cul-de-sac did not have sidewalks. No parking was permitted on the streets . i ! Joe Walker stated that he lived in Windspur and that he had lived in Falconridge two years ago. He compared these to a large lot and home he had recently had in the east and praised the quality of life in the smaller development. ! Rory Grundley, with Transpo Group, stated that he is the traffic engineer who had prepared the traffic analysis and the parking analysis for the Dover Place development. He estimated the statistics as 390 daily trips generated, with 39 at peak traffic hours. He addressed the concerns of the Brier Lane residents regarding traffic and noted that the state would oppose having additional access on Benson Road. The widening of the Benson and the addition of a traffic signal will impove conditions. He noted that the installation of the signal could be j several years away, however. Patrick Grimm, realtor with Wallace and Wheeler, stated that the demand for this size and type of home is high and therefore the price is going up. i I i i ! i 14 I i i December 19 , 1989 LEMMON APPEAL Carol Egelston, of 10208 S .E. 228th, stated that her (DOVER PLACE) lot would look out into three houses of the Dover Place Development. She stated that she had been to all of the meetings through the summer. She stated that she was appalled to learn the biofiltration system equated to an open ditch and expressed concern over the danger this posed to young children. Rudy Hoff, of 10023 S.E. 229th, asked if the existing trees would be left in the biofiltration ditch. He noted that Ed White- of the City' s traffic staff had given input at the examiner' s hearing indicating that the traffic levels were high now. Ishmel Melendez , of 10004 S .E. 229th, referred to the traffic comments and stated that north along the Benson about 1 or 2 miles there were 4 more developments. He also commented on the quality of education in overcrowded schools. Mrs . Lemmon reiterated that one of her issues was the fact that it was illegal to have a private road in the development. Her next item of concern was about the map, and the need to know the exact number of square feet dedicated to open space. She also stated that it appeared that the biofiltration site was the area designated for the 15% native vegetation area. Carol Proud stated that in a typical subdivision the roads are a dedicated public right-of-way and are standard road width. In a PUD these are private roads and can be between 22 and 28 feet in width. These are considered private roads such as other short subdivisions where there are private access. easements . She concluded that a PUD allows for a private road. Satterstrom noted that this is covered in the PUD ordinance, 15 . 04 . 08 , specifically on page 40, section 6a. Proud noted that one of the conditions for open space is that the exact dimensions be specified on 15 December 19 , 1989 ICI LEMMON APPEAL the final plat. She pointed out that this is a (DOVER PLACE) preliminary plat and that approval of the final plat will be before the Council . She noted further that the areas to be designated as natural vegetation, to be retained, is to the west and the north and the biofiltration swale is to be alongthe southwes tern n corner. She noted that there is a big difference be tween an open ditch and a biofiltration swale'. The swale is not a detention pond but is meant to drain storm water from the impervious surfaces . The amount of impervious surface for a PUD P would be the same as th at allowed under any subdivision. s Upon the Mayor' s question,p Y q Wickstrom described the grassline swales as flat and sloped which filters the water through the grass . It was determined for Dowell that the state law covers the biofiltration II process, that the private roads are not illegal and that the exact dimensions of the open space will have to be given. The Planning staff will be responsible ble for tha t and the Engineering Department will sup ervise th e biofiltration P process. Wickstrom explained that the state required that road construction require jobs � q ire biofiltration and that this is required for any development which illl might release water into creeks or streams He pointed out that ideally, the biofiltration was incorporated into the landscaping but this was not always possible. Mann stated that he thought the subject had been well covered and MOVED to close the hearing. The motion failed for lack of a second. Mr. Melendez stated that it was hard to. believe that the state could mandate the method of drainage control without input from the city. Mayor Kelleher explained the SEPA law and the fact that the SEPA official was the Planning Director and not the Mayor. or. Wickstrom noted that the process of coalescing III plates filters were sometimes used but that it was very expensive. 16 December 19 , 1989 LEMMON APPEAL Mrs. Lemmon asked about Lot 36 , noting that access (DOVER PLACE) would not be allowed through the portion designated as open space. Proud explained that the house on Lot 36 would be torn down and access would be through an easement through the cul-de-sac and across Lots 35 and 37 . Mrs. Lemmon stated again that the standards for subdivisions would not allow a private road in a single family subdivision of more than four lots . Proud noted that this situation is a PUD in conjunction with a single family development. The private roads remain private and are not maintained by the City. Maintenance is the responsibility of the homeowners. There were no further comments and White MOVED to close the hearing. Mann seconded and the motion carried. i Johnson asked if all details had to be clearly defined in a preliminary plat or if some details could be left to the final plat approval . Satterstrom stated that the preliminary plat should specify the conditions that the Council want. Some minor changes could be made at the time the Council approves the final plat. He pointed out that in this case the number of units must be decided for the PUD so that can be reflected in the plat. Another appeal scheduled for this meeting deals with the number of units. It was determined that both appeals would be heard before any decisions were made. CAM WEST APPEAL (PUBLIC HEARINGS - ITEM 2B) (DOVER PLACE) Dover Place PUD-89-1 and SU-89-2 . This hearing will consider an appeal filed by Cam West Development, Inc. to the Hearing Examiner' s recommendation of conditional approval of the Dover Place PUD-89-1 and Preliminary Subdivision No. SU-89-2 . it 17 i December 19 , 1989 CAM WEST APPEAL It was noted that Resolution 896 provides for the (DOVER PLACE) appellants and the opponents to each have 30 minutes for presentation. It was agreed that these rules would be observed, inasmuch as the previous hearing III had been lengthy and the Council meeting has already been in progress for three hours. The public hearing was opened by Mayor Kelleher. Nadine Zackrisson of Ferguson and Burdell stated and resented the developer, Cam West,that she rep Per the basis of the appeal was in an error of the Hearing Examiner. She stated that 15 . 04 . 080 B2 , referred to providing for a density bonus if certain active open areas are provided. A second section provides that if you have an accessory building, only the portion used for active recreation can be counted toward the density bonus. Zackrisson opined that the Hearing Examiner took this to mean that this could be used only if there was some kind of accessory building. She noted that all of the Dover Place recreation area was out doors and therefore there was no accessory building. The staff and Planning Director have agreed with Zackrisson and she further explained that under the Hearing Examiner' s interpretation, one less unit is allowed than what Cam West requested. She therefore asked that the Council grant this appeal and approve the PUD for 39 units. A gentleman from the audience stated that he challenged the appeal since the re is no det ailed plat map and therefore the acreage or square fo otage e is vague. There were no further comments and the hearing was closed on Woods ' motion, supported by Johnson and carried unanimously. WOODS MOVED that no action be taken on either of these two appeals and to hold action over on all three items to the January 2 , 1990 Council meeting. Dowell seconded and the motion carried. It was pointed out that the January 2 meeting would be held Totem Junior Hi on the West Hill at T h at 26630 40th q Ave. S . 18 i I December 19 , 1989 I COMPREHENSIVE (OTHER BUSINESS - ITEM 4B) PLAN CHANGE Industrial Park to C-Suffix No. CPZ-89-5 . On November 27 , 1989 , the Planning Commission recommended to the City Council that the Comprehensive Plan be amended to allow Ml-C designation in the semicircle south of Willis bounded on the east by the Union Pacific Railroad and on the west by the Valley Freeway off ramp. This change was initiated by Ronald Healey, AIA. There were no comments and WOODS MOVED to approve the Planning Commission' s recommendation for Comprehensive Plan amendment No. CPZ-89-5 and to direct the City Attorney to prepare the resolution. Johnson seconded and the motion carried. HUMAN SERVICES (CONSENT CALENDAR - ITEM 3Q) ' n Agency Member as recommended b Term of No n-Voting COMMISSION g g y � V the Human Services Commission) . APPROVAL of changing the term of the Human Services Commission non-voting agency member from a one year to a two year term and authorizing the City Attorney to prepare the amending ordinance. PERSONNEL (CONSENT CALENDAR - ITEM 3T) Blue Cross Agreement - 1990 . As recommended by the Operations Committee, approval of the Blue Cross administrative services agreement and authorization for the Mayor to sign same. (CONSENT CALENDAR - ITEM 3U) COBRA Agreement - 1990 . As recommended by the Operations Committee, approval of the agreement with NCAS-Northwest, Inc. , a third party administrator for Blue Cross, to handle the City ' s COBRA coverage. This coverage was formerly handled by Network Management, Inc. POLICE (CONSENT CALENDAR - ITEM 3N) 1990 Public Defense Contract. APPROVAL of the contract with Sampson Wilson & Combs for public defense services for the year 1990, as recommended by the Informal Budget Committee and the Operations Committee. 19 December 19 , 1989 PUBLIC SAFETY (CONSENT CALENDAR - ITEM 3R) Purchase of Mobile Command Post. ADOPTION of Resolution No. 1224 , authorizing bypass of the bidding process for purchase of the mobile command post. The vehicle recommended by the committee is available through only one supplier. (OTHER BUSINESS - ITEM 4C) Siting of West Hill Radio and Data Tower. Chief Angelo noted that the Fire and Police Departments have been researching potential lease agreements and alternative sites for a radio and data tower. While negotiations with King County Water District No. 75 have been positive, there are some long term uncertainties. The other alternative is to place the tower on the Cambridge Fire Station site. He suggested that the matter be discussed by Council at a West Hill location. MANN MOVED that the matter of the siting of the West Hill radio and data tower be placed on the January 2 , 1990 Council meeting agenda under Other Business , and that said meeting be held at a West Hill location. White seconded and the motion carried. (It was determined that the meeting had been scheduled for the cafeteria at Totem Jr. High. ) 1989 BUDGET (OTHER BUSINESS - ITEM 4D) ADJUST'=-NT 1989 Budget Adjustment Ordinance. As recommended by the State Auditor and the Operations Committee at their December 18 , 1989 meeting, Ordinance 2888 is proposed to adjust the 1989 Budget. The 1989 Budget Adjustment Ordinance totals $10, 294 , 329 . Of this amount, $6, 927 , 851 has previously been approved by the Council and $3 , 366 , 478 has not been previously approved. The amounts not previously approved all have extra revenue, or in the case of the Golf Course Fund, has available fund balance to cover expenditures. This adjustment ordinance is consolidated at year-end for ease in budget administration and operation. A packet of material detailing the individual Y adjustments b de partment artment has been distributed and P has been made a part of the record. 20 December 19 , 1989 1989 BUDGET HOUSER MOVED to adopt Ordinance 2888 , approving the ADJUSTMENT adjustments to the 1989 budget. Mann seconded and the motion carried. 1990 BUDGET (OTHER BUSINESS - ITEM 4E) ORDINANCE 1990 Budget Ordinance. Mayor Kelleher read the statement by Finance Director McCarthy as distributed with the Council packet: "As requested by the Council at their December 5, 1989 meeting, Ordinance 2889 has been prepared incorporating Option A (preserving the original Administration budget) and Option C (the additional Park Department proposal) . At the Council ' s request, the Budget has been balanced administratively. This was done at the IBC' s recommendation by increasing the sales tax project by the amount of the out of balance condition, $168 , 153 . This increase is supportable based on the Finance staff ' s latest estimates, assuming no impact from the Boeing strike. Since the real impact of the Boeing strike is unknown and six union agreements remain unsettled, Administration will administratively manage General Fund spending throughout 1990 . As data becomes available to either validate or contradict the Administration ' s assumption, the Administration will take necessary steps to ensure the City' s financial stability. In addition to Options A and C, the Budget also includes the planned receipt of $653 , 962 from Fire District 37 . These funds will be used to hire four lieutenants and ten firefighters and pay their associated costs . The Fire Department adjustments also include moving $90, 000 of medical expenditures from the General Fund to the Fire Relief and Pension Fund in lieu of transferring funds from the Fire Relief and Pension Fund to the General Fund. The IBC is recommending to the Mayor that he veto this budget based on a violation of the process that sets a precedent for future budget end runs . The staff has been available to work out a compromise prior to the Council meeting. " Upon White ' s question McCarthy stated that he had received information that the Boeing strike would 21 December 19 , 1989 1990 BUDGET not effect the sales tax receipts. White stated ORDINANCE that some businesses during the strike reported a 20% reduction in sales, particularly in car sales, and yet the City is taking a "business as usual" approach. Mayor Kelleher asked McCarthy for an explanation of what steps administration would take to balance the budget, if the estimated figures are not correct. McCarthy noted possibilities would include a hiring freeze, a delay in the hiring process, across the board budget cuts, cuts in travel and subsistence and delay in contracting for the -management study. He noted for Kelleher that the latest information now indicated that the City will start the new year with about $100 , 000 more than had been estimated two weeks ago. HOUSER MOVED to adopt Ordinance 2889 , approving the budget for 1990 and Woods seconded. Dowell moved to AMEND to include in the budget $20 , 000 for a motorcycle and $18 , 000 for the parttime position of Community Events Coordinator. White seconded. The motion to amend carried, with Houser and Mann dissenting. White noted that he had previously expressed concern about the management study. He noted he had received a letter from Donald McDaniel who suggested that the City make use of graduate students to make management studies . McDaniel, as a graduate student, conducted a study on the city' s business license fees, resulting in the City raising the license fees. The letter has been filed as a part of the record. White pointed out that he was opposed to the $100, 000 figure for the management study and MOVED to delete this item from the budget. Dowell seconded and the proposal failed with only White and Dowell supporting it. The main motion, to adopt Ordinance 2889 , approving the 1990 budget, as amended by Dowell then carried, with Houser and Mann dissenting. The Mayor noted that the Internal Budget Committee had recommended that he veto this budget and asked IBC Chairman McCarthy to give the rationale behind the recommendation and elaborate on the language 22 i December 19 , 1989 1990 BUDGET contained in his statement in the agenda packet. ORDINANCE McCarthy displayed the Council budget calendar, noting that budget had been open for input since July when priorities were established. He referred to the fiscal note of November 14 which noted that the Internal Budget Committee recommended adoption of the budget with the five corrections which related to omissions from the original . The memo stated further that the Parks Department regeust for an additional $100, 000 should not be funded, as to do so would reopen the entire budget process, and other departments might also like to submit additional requests. McCarthy pointed out that the Mayor' s letter of transmittal for the preliminary budget dated October 14 noted that the Council had held nine Council-as-a-whole meetings and that the budget was balanced without increasing taxes. The Internal Budget Committee committee felt that making a large presentation at a Council Committee to ask for additional items was not appropriate after the preliminary budget was presented. It was further felt that to allow this might set a precedent for other departments to do the same, and therefore recommended that this budget ordinance be vetoed. White objected to the staff telling the Council what they can hear at a committee meeting. Dowell noted that committee meetings are open to the public and the public must be heard. McCarthy stated that it appeared that a full blown presentation was made by the Parks Department to ask for additional items . McCarthy reiterated that the Internal Budget Committee objected to the timing and setting a precedent. Johnson suggested that the process be discussed at the Council retreat in January and White concurred. White suggested that perhaps one department head lobbied more effectively than another. He pointed out that the parttime position for the Community Events Coordinator and a motorcycle for the Police Department were put back into the budget tonight as a compromise. He stated that he had not supported the addition to the Community Events staff, noting that the administrative staff has already doubled in 23 I December 19 , 1989 i 1990 BUDGET the past four years. White commented that it seemed ORDINANCE that revenue projections could be changed at will in order to support a particular position and if the projections now presented did not prove to be true, he would have further comments. Mayor Kelleher noted that he was most persuaded by the internal staff committee' s contention that we want to have a budget process under which the Council may evaluate departmental requests in the context of the entire City budget rather than evaluating department requests as to their merits. Since all department requests are worthy, the issue for budget consideration is which are the highest priorities . He pointed out that the City' s Parks Department had won a national award as one of the finest in the country, and at the same time, Kent had one of the highest rates in the state in traffic accidentss, injuries and deaths . Departmental requests must therefore, be evaluated in the context of all of the requests for prioritization. The Mayor stated that for this reason, he would accede to the request of the Internal Budget Committee to veto this budget. He agreed with the prior suggestion that the budget process become a subject of discussion at the Council retreat. Ordinance 2889 was then VETOED by the Mayor and returned to the City Clerk. Johnson distributed an alternate proposal and MOVED to adopt Ordinance 2890 , approving the 1990 budget to include the following: 1. Administration Option A. 2 . Administration Option C minus postage, graphics, and printing for the Parks Department ($23 , 700) . 3 . Administration Option D for Community Events Coordinator ($18 , 001) . 4 . Motorcycle for the Police Department ($21, 000) . Mann seconded. 24 i December 19 , 1989 1990 BUDGET White stated that it appeared that the Mayor had ORDINANCE control and if the Council disagreed with the budget or wanted to change it, that that the Mayor could veto the proposal . He stated that he would support Johnson' s proposal as a compromise but that he resented the veto. Mayor Kelleher stated that certain authorities and powers were accorded to the executive branch and to the legislative branch and that in case of disagreement, he reserved the right to exercise the power of his office in the best interests of the City. White concurred with this but stated that he disagreed with the rationale of the veto. Woods stated that no one was fully satisfied with the proposal , and that no budget is ever easy. Dowell noted that he was glad to hear the Mayor speak of the separation of branches of government, such as between Council and Administration. He questioned that there really was such separation inasmuch as Council retreats also included the Mayor, Administrator and others from Administration. He suggested that the Council retreat should be for Council only. He commented that the amount the Parks Department asked for postage and graphics amounted to 69 cents per citizen and HE MOVED to amend to add the $23 , 700 to the budget. White seconded and the motion was defeated with only Dowell and White voting in favor. The motion to adopt Ordinance 2890 approving the 1990 budget as proposed by Johnson then carried with Dowell voting against it. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through December 20 , 1989 after auditing of the Operations Committee at its meeting at 3 : 00 p.m. on January 2 , 1990 . Apnroval cf checks issued for vouchers: Date Check Numbers Amount 11/30 - 12/11 86290-86310 $ 106,569.00 12/13/89 86311-86749 1,636,852.78 $1,743,421.78 Apnroval cf checks issued for pavroll: Date Check Numbers Amount 12/05/89 128207-128863 715,773.31 12/08/89 128864-128962 52 ,726.86 768,500.17 25 December 19 , 1989 FINANCE (CONSENT CALENDAR - ITEM 30) Window Cleaning Contract. AUTHORIZATION for the Mayor to sign the window services contract extension with Totem Window Services Company. Quarterly payments on this contract are $655 . 00 for City Hall, the Kent Library, and the Senior Center. The extension is through June 30, 1990 at the current contract rate. The extension will give the staff more time to analyze the contract. (CONSENT CALENDAR - ITEM 3P) Interfund Loan Authorization - Ordinances. As recommended by the State Auditor' s Office and as discussed with the Operations Committee at their December 18 meeting, adoption of the following ordinances: Ordinance 2884 , authorizing interfund loans in accordance with RCW 43 . 09 . 210 ; Ordinance 2885 , authorizing an interfund loan to the Housing and Community Development Fund up to $100, 000 from the General Fund; Ordinance 2886 , authorizing an interfund loan from the General Fund to the Operating Projects Fund, not to exceed $100 , 000 ; Ordinance 2887 , authorizing an interfund loan from the General Fund to the Golf Complex Fund, not to exceed $1, 200, 000 . COUNCIL MEETING (CONSENT CALENDAR - ITEM 3S) PLACE Location of January 2 , 1990 Council Meeting. AUTHORIZATION to change the location of the regular Council meeting of January 2 , 1990 from the Kent City Hall to Totem Junior High at 26630 40th Ave. S . on the West Hill . The meeting will be conducted in the cafeteria at 7 : 00 p.m. REPORTS (REPORTS - ITEM 6A) Council President. Council President White reported on the 'National League of Cities meeting in Atlanta, including self insurance and risk sharing pools, transportation and communications. He pointed out that a session of efficient growth management - "Staying in Step with the Community" was well 26 December 19, 1989 REPORTS attended. He also commented on the video conferencing used between jails and courtrooms. White noted that this City had accomplished many things over this past year in spite of some differences of opinions, which was to be expected. Mann noted that due to the hour time he would delay his report on the National League of Cities Conference to a later date. EXECUTIVE At 11: 00 p.m. , City Attorney Driscoll requested an SESSION executive session of approximately five minutes to discuss labor negotiations. She pointed out that this was not shown on the printed agenda because the need was not known when the agenda was printed on Friday. ADJOURNMENT At 11: 07 p.m. , the Council reconvened and then adjourned. Marie Jensen, CMC City Clerk 27