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. )
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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 .
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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.
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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
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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
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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,
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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.
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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
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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.
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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,
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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.
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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.
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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
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! December 19 , 1989
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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.
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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 .
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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.
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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
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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