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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/18/1990 Kent, Washington September 18, 1990 Regular meeting of the Kent City Council was called to order at p 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator l Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Captain Jim Miller, Assistant City Administrator Hansen, Personnel Director Olson, Finance Director McCarthy and Deputy City Clerk Jacober. U. Police Chief Frederiksen and Parks Director Wilson were not in C) attendance. City Clerk Jensen was on vacation. Approximately 60 C2people were in attendance. Boy Scout Troop 302 lead the flag LLj W salute. � Z PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) 0 COMMUNICA- Constitution Week. Mayor Kelleher read a procla- TIONS mation declaring the week of September 17 - 23 as Constitution Week, and urging all citizens to pay special attention to our Federal Constitution and the advantage of American citizenship. A repre- sentative of the Daughters of the Revolution, Lakota Chapter, urged everyone to fly their flags this week in honor of Constitution Week. (PUBLIC COMMUNICATIONS - ITEM 1B) National Arts Week. Mayor Kelleher read a procla- mation declaring the week of September 23 - 29, 1990 as National Arts Week and an invitation was extended to all to join in a celebration of the arts on September 29 , 1990 at noon, on First Ave. and Meeker St. (PUBLIC COMMUNICATIONS - ITEM 1C) Walk for Health Week. Mayor Kelleher read a proc- lamation declaring September 17 - 23 , 1990 as Walk for Health Week in the City of Kent and urging people of every age, background, ethnic group and interest to take part in this community event. Nadine Byers accepted the proclamation and dis- tributed flyers for this occasion. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through F be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 4, 1990. 1 September 18, 1990 STREETS (CONSENT CALENDAR - ITEM 3E) 228th Street Acquisition. AUTHORIZATION to trans- fer $20, 000 from the West Valley Highway Improve- ment Fund to the 228th Street Acquisition Fund for right-of-way acquisition as recommended by the '. IBC, Public Works and Operations Committee. (-CONSENT CALENDAR - ITEM 3F) LID 331 - 240th Street Improvements. ACCEPT as ' complete the contract with R.W. Scott Construction # 4, for LID 331, 240th Street Improvement Project, and release of the retainage after receipt of the nec- essary releases from the state. TRAFFIC (BIDS - ITEM 5A) 6 CONTROL Signal Modifications - 84th Ave. S. & S. 208th St. t Bid opening was September 7 with two bids receiv- ed. The low bid was submitted by Totem Electric in the amount of $43 , 258 . Staff recommends that this bid be accepted. WHITE SO MOVED. Woods seconded and the motion carried. FAUS (CONSENT CALENDAR - ITEM 3D) FUNDING FAUS Funding Proposed Allocation Method Change. AUTHORIZATION to support the change in allocation of FAUS funding to the City from a project prior- ity basis to an allocation based on current popu- lation and for the Director of Public Works to communicate that support to the King County Pub- lic Works officials and King Subregional Council, as recommended by the Public Works Committee. PRELIMINARY (OTHER BUSINESS - ITEM 4A) SUBDIVISION Harvey Preliminary Subdivision No. SU-90-3. This meeting will consider the Hearing Examiner' s rec- ommendation of conditional approval of an appli- cation by Townsend-Chastain and Associates for a 10-lot single family residential preliminary subdivision. The property is located north of S . 252nd St. between 22nd Ave. S. and 25th Ave. S. Jim Harris, Planning Director, pointed out that Conditions A. 4 .d and A. 4e. are incorrectly listed as notations on the final plat mylor or linen, and that they should be shown under Condition A. 1 as Conditions A. 1.d. and A. 1.e. , which are required prior to recordation of the final plat. He noted that these items provide for construction of half- street improvements on S . 252nd St. and full- street improvements for 23rd Ct. S. and they need 2 September 18, 1990 PRELIMINARY to be listed under A. 1 so that they will be SUBDIVISION constructed. Harris noted that Condition 4 would then include only a, b, and c. JOHNSON MOVED to accept the findings of the Hear- ing Examiner and to adopt the Hearing Examiner' s recommendation of approval with the corrected con- ditions of the Harvey No. SU-90-3 10-lot single family residential preliminary subdivision. White seconded and the motion carried. REZONE/ (OTHER BUSINESS - ITEM 4B) APPEAL Minshull/Wagner Rezone Appeal. On August 21, 1990, the City Council conducted a public hearing on the Minshull/Wagner Rezone Appeal (RZ-90-5) from the Hearing Examiner' s recommendation for denial of the applicant 's request for R1-7 . 2 zoning. After closing the hearing, the Council voted to modify the Examiner' s recommendation and to adopt R1-12 (12 , 000 square foot minimum lots) for RZ-90-5. The Council directed staff to pre- pare conditions to mitigate traffic problems with the rezone. Harris noted that the conditions have been pre- pared for the already adopted rezone on the Minshull/Wagner application. Martin Durkan noted that the conditions which the Planning Department prepared have merit but are very costly. He listed the conditions as follows: 1. The developer shall reconstruct the west half of 92nd Avenue South (minimum 18-feet of asphalt pavement) including the installation of curb and gutter, sidewalk, street lights, storm drainage, underground utilities and related appurtenances for the entire property frontage. 0ii the east side of 92nd Avenue South a 12-foot wide asphalt paved half-street improvement shall be constructed. 2. The developer shall widen and improve 92nd Avenue South to a width of 24-feet with a minimum five-foot paved shoulder on the west side of the street from the southerly property line to the intersection of 92nd Avenue South/South 208th Street. 3. The developer shall install a minimum five-foot wide paved shoulder on the north side of South 200th Street from 92nd Avenue South to 96th Avenue, where an existing paved shoulder exists. 4. Secure necessary permits and approvals from King county for all road improvements. 5. If any road grades on the subject property exceed 12 percent, any single family residences constructed on the site shall be sprinklered. 3 September 18, 1990 REZONE/ Durkan noted that the Minshulls and Wagners APPEAL feel these conditions are excessive for the 12 , 000 square foot lots but could possibly go along with Minshull/ them if the lot size was 7200 square feet and the Wagner number of lots was increased to 85. Durkan said that this would improve the area and make the streets safer. Lubovich clarified for Durkan that the rezone and the appeal were both closed and the Council did rezone to R1-12, subject to the mitigating conditions, and that the only thing open for discussion is the conditions. He also noted that when the Council took their action, it essentially resulted in denial of the appeal. Cal Stewart, 20028 92nd Ave. S. , noted that he feels all the conditions outlined by the Planning Department should be met. White stated that in order to have the developer pay for improving the roads, the lot sizes would need to be smaller. Stewart replied that the neighbors would prefer the largest lots possible and they could live with the roads as they are, if the project does not happen. Margaret Minshull, 28114 110th Ave. S.E. , express- ed concern that she did not receive a copy of the conditions. She noted that the developer on the east side of 92nd is responsible for the develop- ment of the road on that side, which is in the county, and she is concerned about the cost of redoing the full length of 92nd Ave. Donna Williamson, 20211 92nd Ave. S. , noted that traffic is a problem, and stated that lots should not be smaller than 12 , 000 square feet. . Al Minshull, Prosser, WA. , noted that with im- provements and 12, 000 square foot size, the lots will cost $50, 000-$60, 000 and that in order to build affordable housing, the lots should be smaller. JOHNSON MOVED to deny the appeal, Houser seconded. Motion carried. Johnson asked whether the City or the County re- quires the 12-foot wide asphalt paved half-street 4 I September 18, 1990 REZONE/ on 92nd Ave. S. in Condition No. 1. Wickstrom APPEAL replied that the standard minimum lane is 12 feet wide and that the total pavement in this area Minshull/ ranges from 19 - 20 feet. He stated that the City Wagner requires the street be widened to a full 12 foot lane, so there would be minimum lane size in both directions. Regarding Condition No. 2 , Wickstrom noted for Johnson that in a plat within the City where the road is substandard, the City has typically required the developer to provide two 12 foot lanes, so there are adequate driving lanes for two-way traffic and there is a shoulder for school children to walk on. JOHNSON MOVED to approve staff proposed mitigating conditions that support Council ' s action to zone the Minshull/Wagner application to R1-12 and direct the City Attorney to prepare the necessary ordinance. Wickstrom noted for Dowell that there are only two outlets, at 92nd Ave. S. and S. 200th, both of which are County roads. He also noted that S. 208th St. and E. Valley Highway are both signal- ized. White expressed concerns that the project will not occur with the strict conditions at this lot size. The motion then carried. SENIOR (CONSENT CALENDAR - ITEM 3C) HOUSING Senior Housing Technical Assistance. ACCEPTANCE of the establishment of a pre-bond issue budget of $40, 000 for technical assistance to the Senior Housing Program. The Planning Department requires technical assis- tance to carry out the direction of the Mayor and City Council in moving forward with the Senior Housing Bond Program. The expenditure of Senior Housing Bond proceeds for this technical assis- tance is a legitimate expense of the bond money. The IBC, Planning and Operations Committees recom- mend establishing a pre-bond issue budget of $40, 000 to cover consultant expenditures incurred since voter approval of the bond issue in February. 5 September 18, 1990 COMMUNITY (PUBLIC HEARING - ITEM 2B) DEVELOPMENT 1991 Community Development Block Grant Program BLOCK GRANT Jg1gBGL. This public hearing will consider adop- PROGRAM tion of the •1991 Community Development Block Grant (CDBG) Program as recommended by the City Coun- cil 's Planning Committee. Alice Shobe of the Planning Department noted that this program comes to the Council as a recommenda- tion from the Planning Committee and the Human Services Committee. She noted that the County has estimated that the recommended funding level for the year will be $219, 719 , and listed the eight projects as follows: Proiect Type Funding Level 1. Planning & Administration Administration $926 2. City of Kent Housing Repair Service Program Housing Rehab $134,055 3. Kent Community Clinic Facility Expansion** Construction $5,000 4. KVYS Transitional Housing for Homeless Teen:Parents Rehab/Relocation $25,000 5. Children's Therapy Center Handicap Accessibility Construction $11,100 6. SKCMSC Transitional Housing Rehabilitation** Housing Rehab $14,000 7.... Kent Community Clinic Health Services Human Services $12,178 8. YWCA Emergency Housing Program Human Services $17,460 TOTAL $219,719 The Mayor declared the public hearing open. M.L. Peterson, 27537 43rd Ave. S. , Auburn, President of Kent Valley Youth Services, stated that they have started a program within the Kent School District, funded by U.S. West, in which they counsel and train teen parents. He noted that they currently have over 50 teen parents, and that they are between 13 and 17 years old. Peterson noted that in order to continue the program, housing is need- ed for some of the teens, and that they have lo- cated an apartment in Kent which could accommodate up to 15 parents and infants. He urged the Council to approve their request for funding, so that housing can be provided. 6 I September 18, 1990 COMMUNITY Linda Wheatman, representing YWCA of Seattle-King DEVELOPMENT County, noted that they provide emergency BLOCK GRANT shelter services and that the funds requested PROGRAM would be used for three units of emergency shelter for facilities in the city of Kent. She thanked the Council for consideration of their request. Curtis Thom, Financial Manager for the Community Health Center, thanked the Council for their support, so that low cost health care can be pro- vided to low income people. There were no further comments and WHITE MOVED that the hearing be closed. Woods seconded and the motion carried. Peterson noted for Dowell that the teen parents come to Kent Valley Youth Services through the Kent School District, and that some of the infants are under a year old. JOHNSON THEN MOVED to approve the 1991 Community Development Block Grant Program as presented. White seconded and the motion carried. GROWTH (PUBLIC HEARING - ITEM 2C) MANAGEMENT Growth Management Advisory Ballot. The Mayor's Growth Management Committee has recommended that the Council pass a resolution to pass an advisory ballot before the voters on November 6. The Plan- ning Committee dealt with this issue at its last meeting of September 4 and the consensus was that it be placed before the full City Council as a public hearing item. The advisory ballot wording approved by the Growth Management Committee is as follows: "Should Kent immediately adopt interim growth management measures--pending implementation of state-directed growth management measures-- which would require installation of public facil- ities (schools, roads, parks, etc. ) before or during construction of new multi-family, indus- trial or commercial developments; control the rate of development; and control conditions for multi- family rezones?" Laurie Anderson of the Planning Department noted that the Responsible Urban Growth Group had re- ferred a petition containing approximately 1600 signatures to the Council , and that the petition was referred by the Council to the Mayors Growth Management Committee, who considered it and also looked at the issue of an advisory ballot. 7 i September 18, 1990 GROWTH The Mayor declared the public hearing open. Chris MANAGEMENT Grant, 26302 Woodland Way South, Presidentof R.U.G.G. , urged the Council to authorize the advisory ballot concerning improved growth controls in Kent. He noted that earlier this year, their efforts to place an initiative before the voters on growth management issues failed because the initiative process is not permitted due to the code city status of Kent. He noted j that an advisory ballot would enable the Council to hear from the entire community. Arnold Hamilton, 25410 113th Ave. S .E. , stated that this issue needs to go before the public, and pointed out traffic problems. Upon a question from Suzette Cooke of the Chamber of Commerce, Laurie Anderson listed the members of the Growth Management Committee and noted that the vote was 5-2 , with the two developers on the com- mittee voting against the advisory ballot. Cooke noted that the Chamber is concerned with the cost of the advisory ballot. She pointed out that Initiative 547 is very similar and is already on the ballot, and that the Council could get an idea of the citizens feelings by looking at the results of Initiative 547 . Cooke then asked how the public would be educated if this issue were put on the ballot and the Mayor noted that he would be required to advertise for people who could offer statements for and against this measure for inclusion in the voters pamphlet, and that in addition, the Council could authorize j funds to do a mailing to residents. Cooke recom- mended that the advisory ballot not be part of the i November ballot measures. Gilbert Sanders, 10925 S.E. 244th, noted that the growth issue is getting out of hand, and recom- mended that this be on the ballot in November. Sherry Grant, 26302 Woodland Way South, voiced concern about traffic, crowded schools and poor emergency vehicle response time. She urged the Council to make this issue an advisory ballot in November. 8 I September 18, 1990 i GROWTH Jack Cosby, 525 Van de Vanter, of the Growth MANAGEMENT Management Committee, pointed out that the Council has had direction from citizens regarding multi- family housing for the past two years, and that if they cannot act on this issue tonight, then it should be placed on the November ballot. Cathy Myers, 26537 S .E. 224th, Maple Valley, noted that she had helped gather signatures on the R.U.G.G. petition, and that people were eager to sign. She disagreed that the results of Initiative 547 would give an indication of how people feel about this issue. She stated that the advisory ballot is not really necessary, that the Council has the information necessary to act, but if they do not act, the advisory ballot would be the next best thing. Susie Mallot, 818 Ellis Place, noted that growth needs to be controlled and directed. Dee Eklund, 524 W. Meeker, stated that there is more to this issue than multi-family dwellings. She pointed out that multi-family dwellings are affordable, and that if they are close to places of employment, traffic is reduced. There were no further comments and WOODS MOVED to close the public hearing. white seconded and the motion carried. White pointed out that when this petition came to the Council, he had asked that it go to the Planning Commission as well as the Growth Management Committee in order to speed up the process. Harris noted that the Planning Com- mission has received the information but has not yet discussed this subject. White said the Planning Commission could hold public hearings and make a recommendation to the Council on this. Orr noted that an advisory ballot would give the Council the opinions of Kent residents fairly quickly and that the Planning Commission process could be a lengthy one. ORR THEN MOVED to adopt Resolution No. 1259 placing the Growth Management Advisory Ballot on the November 6 election. Woods seconded. Woods noted that growth has been an issue for some time and that is time to get a sense of what the citizens feel on this issue. She urged Councilmembers to pass this motion to place the issue on an advisory ballot. Mann 9 i I _ September 18, 1990 GROWTH voiced concern regarding the wording of the MANAGEMENT advisory ballot. He noted that the City has no control over the school system, that roads are already the #1 target issue for the City, and that Kent has the best parks system in the U.S. for a city of this size. He noted that the wording is misleading and unclear, and that it implies the Council is doing nothing with regard to growth, which is not true. He also said he is against spending $13 , 000 of the taxpayers money to put this on the ballot. Orr noted that infrastruc- ture and public facilities are now taking place at the same time as growth is happening and that the solution would be to require improvements before development begins. White voiced concern regarding property tax assessments, saying that if the ballot is passed, it will not cure the problems. He noted that public hearings would still have to be held and measures adopted. Chris Grant noted for Dowell that R.U.G.G. is incorporated as a non-profit organization, and that there is no relationship at all between the advisory ballot and the lawsuit pending against the City. Upon Dowell 's question, Grant noted that an example of an interim growth control would be improving a Grade F intersection so that it is possible for a fire engine to get through it. He also stated for Dowell that R.U.G.G. would consider the possibility of a bond issue to pay for these improvements. Orr noted that the Growth Management Committee has worked out the wording of the advisory ballot to address the entire issue, not just interim growth controls. She reiterated that services would need to be in place during or before a project could proceed. The Mayor noted that if the voters approved the advisory ballot, the issue would come back to the Council to work out the details. Johnson stated that he is not in favor of any advisory ballot because they did not accomplish anything. He stated that even if an advisory ballot passed, hearings would still have to be conducted, and that it could be a lengthy process. He suggested that the Planning Commission consider the items requested by R.U.G.G. Harris requested that if this is sent to the Planning Commission, it come with specific guidelines, and suggested that the Growth Manage- ment Group recommendations be given to the 10 September 18, 1990 GROWTH Planning Commission. Houser asked that this issue MANAGEMENT be on the Planning Committee' s agenda as soon as possible. White stated that the Council should make recommendations to the Planning Commission rather than going through with the advisory ballot. Dowell said the only way to solve this problem is to have a bond issue, and urged the Council to consider that option. The motion to adopt Resolution No. 1259 placing the Growth Management Advisory Ballot on the November 6 election failed, with only Orr and Woods in favor. WOODS MOVED that the Council send the proposals of the Growth Management Committee to the Planning Commission for immediate consid- eration. Johnson seconded and the motion carried. Steve Burpee, Vice President of Economic Development for the Chamber of Commerce, noted that the Chamber would like to work with the City on this issue. ECONOMIC (PUBLIC HEARING - ITEM 2A) DEVELOPMENT Economic Development Corporation - Resolution. CORPORATION The Baer Family Partnership has applied for indus- trial development bond financing through the City of Kent Economic Development Corporation in the amount of $3 , 000, 000 to be used for the acquisi- tion, construction and equipping of manufacturing facilities for the processing of meat products, to be located at 7622 S. 188th St. in Kent. The Baer Family Partnership application for in- dustrial revenue bonds was approved by the EDC at a special meeting held at 5: 30 p.m. this date. The Mayor declared the public hearing open. There were no comments from the audience and WHITE MOVED that the hearing be closed. Woods seconded and the motion carried. WHITE MOVED to adopt City of Kent Resolution 1258 approving the issuance of in- dustrial revenue bonds in the amount of $3 , 000, 000 and approving Resolution 1990-50 of the EDC au- thorizing the sale of the bonds to provide funds for the project. Woods seconded. Finance Direc- tor McCarthy pointed out that these are industrial development bonds, not City of Kent bonds. He noted that securing these bonds improves the economy and is allowed under IRS regulations. The motion then carried. 11 September 18, 1990 LIBRARY (PUBLIC COMMUNICATIONS - ITEM 1D) King County Library System. Bill Ptacek, Director of King County Library Systems gave a slide pre- sentation on the King County Library 2000 Plan, including expansion and renovation. He indicated the library system enables residents to access over one million volumes. He noted that the new Kent Library will be the first regional library that will have extensive business resource mate- rials, and that the new library will attract people to the downtown area. Ptacek noted that a presentation from the Georg- ette Group has been made and that the local library board will respond to the issues raised. Dowell noted the main concern of the Georgette Group is the method by which the payment for services is collected. Ptacek clarified for Dowell that the payment is based on property taxes and the City's contractual fee, with City and County residents paying the same, and that the contractual fee is arranged at such a rate that it would equal that in the annexed or unincorporated areas, based on property taxes. Ptacek noted that the contract for this year for Kent was about $770, 000, and that next year it will be up to about $1. 1 million. Dowell stated that he feels there might be a discrepancy in the method by which cities pay, and hopes that Kent citizens are not penalized. Dowell noted that the Georgette Group has indicated that it is more economically feasible for Kent to pull out of the county system. Ptacek agreed, but noted that Kent citizens have come to expect library services far greater than a Kent-owned library could provide, and that one goal of the new Kent Library is to bring people into downtown Kent, not to close people out. Mann asked why Kent has no member on the Board of Directors. Ptacek responded that the city is currently contracting with the library for a service, and that the Library District Board of Trustees exists to represent the people in the unincorporated areas of the county. Joe Street, 849 Tilden, pointed out that contract- ing with Kent would be a distinct advantage for the Library System, and as such, Kent ' s rates 12 September 18, 1990 LIBRARY should be as low as others. Street pointed out that citizens use the library, not businesses such as Boeing, and that the cost of taxes has nothing to do with library services. Laura Whitehurst, Chairman of the Library Board, noted that they have received the Georgette Group Study and have a number of unanswered questions. She noted that they will be investigating the possibility of Kent starting their own library and that they will bring the results of their study, and the costs involved, back to the Council . Dowell asked Whitehurst to include the per capita cost, City vs. County, in the study. White also voiced concern about equity, stating that over 70% of Kent's tax base is non-resi- dential. Mayor Kelleher noted that no action is to be taken at this meeting. PERSONNEL (OTHER BUSINESS - ITEM 4C) Prosecutor Services Staffing. The Council is be- ing asked to authorize an additional City Attorney position to handle growth in the number of cases and double set calendars established by the Aukeen Court. The Public Safety Committee and Operations Committee have heard staff presentations on the workload and need. Action has been deferred until this date pending the hiring of a new City Attor- ney. At its September 11, 1990 meeting, the Operations Committee considered the City Attor- ney's request to add one additional attorney and one additional support staff to the Law Depart- ment 's present staff. The Committee approved the addition of one prosecutor to the Law Department prior to the 1991 budget year, but deferred its decision on the office support position until 1991. Funds for the additional position will come from currently authorized salary and contract bud- gets. Upon White' s question, Lubovich clarified that the funds used for the attorneys currently on staff will be used for the permanent positions, and that he is requesting a prosecutor to replace a con- tracted position on staff. 13 September 18, 1990 PERSONNEL HOUSER MOVED to authorize the establishment of an additional attorney position in the Law Department as Prosecutor. Orr seconded. Motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 19 after auditing by the Operations Committee at its meeting at 4 : 30 p.m. on September 25, 1990. Approval of checks issued for vouchers: Date Check Numbers Amount 9/1 - 9/13/90 96161 - 96181 $ 402 , 179 . 67 9/14/90 96182 - 96542 1,904 , 665. 62 $2 , 306,845. 29 Approval of checks issued for payroll: Date Check Numbers Amount 9-5-90 140948 - 141691 $ 836, 278 . 32 REPORTS (REPORTS - ITEM 7F) Parks Committee. Dowell noted that the Parks Committee will meet at 4 : 00 p.m. on Wednesday, September 19, 1990 . ADJOURNMENT The meeting was adjourned at 9:50 p.m. Brenda Jacober",+CC Deputy City Cl 14