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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/02/1990 Kent, Washington October 2 , 1990 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, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Frederik- sen, Information Services Director Spang, Personnel Director Olson, Finance Director McCarthy and City Clerk Jensen. Parks Director Wilson and Assistant City Administrator Hansen were not in attendance. Approximately 60 people were at the meeting. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNI- Employee of the Month. Mayor Kelleher announced CATIONS that Janet Shull of the Planning Department has been selected as Employee of the Month for October. He noted that she works as a Planner, and has served on a number of appointed committees and successfully completed Phase I of the Senior Hous- ing Study. Planning Director Harris noted that working with Ms. Shull is a pleasure and expressed appreciation for her many contributions to the City. (PUBLIC COMMUNICATIONS - ITEM 1B) "We Care. . . . .The United Way". Mayor Kelleher read a proclamation declaring the week of October 8 through October 19, 1990 as the official City of Kent Employees United Way Campaign period and urged City employees to lend their support to this commu- nity program. George Daniel, South Division Chair, thanked the City for their support. (PUBLIC COMMUNICATIONS - ITEM 1C) Books for Kids Day. The Mayor proclaimed October 3 , 1990 as Books for Kids Day in the City, and noted that this program supplies new books to many children who have few or no books in their homes. Wally Gomes noted that the program will be solicit- ing the financial support of the community. He encouraged donation of new books at any library or at participating booksellers, and thanked the City for their support. CONSENT WOODS MOVED that Consent Calendar Items A through J CALENDAR be approved. Johnson seconded and the motion carried. 1 October 2 , 1990 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 18, 1990 with the following correction: Information Servic- es Director Spang arrived late and was therefore not listed among those present. STREETS (PUBLIC HEARING - ITEM 2A) LID 335 - 77th Ave. Improvements. This date has been set for the public hearing on the confirmation of the final assessment roll for LID 335. Public Works Director Wickstrom noted that the project includes the improvement of 77th Ave. S. from S. 212th to S. 202nd St. and S. 206th St. from 77th Ave. S. to the west end at the UPRR railroad tracks. The project includes the following im- provements: 1. • Curb and gutter 2. Cement concrete sidewalks (except along the railroad ROW) 3. Widened roadway, 36 feet between curbs 4. Storm drainage system including biofiltration 5. Street lighting (installed'on Puget Power poles) 6. Street trees (where possible) 7. Sanitary sewer and water main stubs to properties as required 8. Channelization and traffic signing 9. Traffic signal at the intersection of S. 212th Street and 77th Avenue South The Mayor declared the public hearing open. Wicks- trom clarified for David Nuss of McCann Construc- tion that after passage of the ordinance confirming the final assessment roll, there is a 30-day period during which any portion or all of the assessment can be paid without interest charges. Payments are made over a ten year period. Glen Dodge of Emerald City Chemical stated that there is a discrepancy as to whether he or the City owns approximately 6000 square feet of property on 77th Ave. and that it appeared his only recourse is to take this matter to court. Regarding the as- sessment, he noted that the monthly payment would be $1600-$1700 which is 60% of the rental income and there is no way to increase income. Dodge noted that Seattle Auto Auction occupies property 2 October 2 , 1990 STREETS in the area and that they generate approximately 40% of the traffic on the road, yet they are out- side the zone and therefore not required to pay for the improvements. He expressed hope that this problem can be taken care of without going to court. There were no further comments from the audience and ORR MOVED that the public hearing be closed. White seconded and the motion carried. Upon White's question, Wickstrom explained that the property line dispute is simply a matter of two different interpretations. He noted that Seattle Auto Auction is paying their share of the improve- ment to 206th. Dodge noted that most of the traf- fic goes to a location which is not included in the LID. WHITE MOVED to accept the Public Works Director's memorandum as part of the record and for the City Attorney to be directed to prepare the ordinance confirming the final assessment roll for LID 335. Dowell seconded. Motion carried. (Johnson was out of the room for this hearing and did not vote. ) Upon Woods ' question, Wickstrom stated that the dispute regarding the property line will have to be handled by the attorneys. He also noted for her that he recommends proceeding with this project, while working with the property owner to resolve the dispute. He pointed out that the City is still acquiring rights-of-way. Wickstrom stated that part of the existing pavement of the property in question is encumbered, so that even at worst there would be adverse possession because the pavement already exists on portions of that property. Dodge said that the fence line has been wrong for 40 years and that adverse possession would not apply to this taking of 20 feet at the north prop- erty line and putting their fence out in the City' s road. City Attorney Lubovich noted for White that his office has given approval to go ahead with work on the project. The Mayor then directed Wickstrom to proceed as he has been. 3 October 2, 1990 STREETS (CONSENT CALENDAR - ITEM 3G) LID 331. AUTHORIZATION to set November 6 as the date for a public hearing on the final assessment roll for LID 331 - S.E. 240th Street Improvements. (BIDS - ITEM 5A) LID 335 - 77th Ave. Improvements. Bid opening was held on August 24th. Active Construction submitted the low bid in the amount of $1, 057, 084 .44 and staff recommends that this bid be accepted. DOWELL SO MOVED, Orr seconded and the motion carried. STREET (CONSENT CALENDAR - ITEM 3D) VACATION Street Vacation. ADOPTION of Resolution No. 1260 setting a public hearing for November 6, on the application of Kelly's Cafe Americana, Inc. for vacation of a portion of S. Central Pl. TRAFFIC (CONSENT CALENDAR - ITEM 3H) CONTROL Arterial Classification System. APPROVAL of the county's revision of the arterial classification of S. 272nd/S. 277th St. from Urban Minor to Urban Principal Arterial. (OTHER BUSINESS - ITEM 4C) Crosswalk on S. Central. Al Varney, owner of a business located at 1303 S. Central, noted that there is a distance of over 2 1/2 miles on Central without any way for pedestrians to cross to Aukeen Court and the Corrections Facility. He urged the Council to look into the possibility of setting aside funds to put in a crosswalk and a light for pedestrians. WOODS MOVED that this item be re- ferred to the Public Works Committee. Houser seconded. The motion carried. Woods asked that Mr. Varney be contacted as to the time of the Public Works Committee meeting. Dowell noted that the Committee is aware of this request, but that funds are not available at this time. Varney asked that it be funded in the future. WALKWAY (PUBLIC HEARINGS - ITEM 2B) VACATION Heck Request for Vacation of Walkway East Side of Parkside Division #2 Plat. An application has been made by Brian C. and Janice M. Beck to vacate a portion of Tract "A" of Parkside Division #2 Subdi- vision. Tract "A" is located between Military Road and 38th Ave. S. at the north end of Parkside #2 . 4 October 2, 1990 WALKWAY Planning Director Harris pointed out the area VACATION and explained that during the discussion on Park- side Plat in 1976, it was decided that there should be no access onto Military Road because it is a major arterial. He noted that this leaves 2700 ' with no access from 38th to Military Road. Harris recommended that this issue be deferred so that the staff can work on it further, and that it be for- warded to an appropriate committee. The Mayor opened the public hearing. Byron Beck, 25203 36th Pl. S. , noted that the walkway creates problems such as vandalism, broken fences, and graffiti. He noted that police reports are on file. He also noted that there is a steep grade at the end of the walkway and that children on bikes often can't stop until they are onto Military Road. He noted there is no crosswalk on Military, and proposed that the walkway be closed. David McCaug- han agreed with Beck, and noted that there is no crosswalk to the Yorkshire area, that the only crosswalks are at Reith Road to the south, and one- and-a-half blocks north. Lucille Kemp agreed that there has been trouble since the walkway went in. Joe McVicar, 25334 36th Pl. S. , urged the Council to deny this request. He stated that he uses the walkway every day on the way to the bus because it is the only convenient way to get to Military Road. He noted that his children use the walkway to get to friends homes in Yorkshire, and he does not want them to have to walk along Military Road. He stated that they also experience vandalism even though they are not near the walkway. Chief Frederiksen noted that they have investigated reports of vandalism in the area. Greg Wingard, 18848 S.E. 269th, voiced opposition to the vacation and suggested that the residents participate in the Block Watch Program. Joe Hembree urged the Council to vacate the walkway because it is dark and unsafe. McCaughan reiterat- ed that people have to go north or south to cross legally in a crosswalk. McVicar stated that cross- ing any intersection is legal, and he is not cross- ing illegally when he uses the walkway. He also pointed out that it is the fences that make 5 October 2, 1990 WALKWAY the area dark, and that they have gone up in the VACATION last year. McCaughan responded that the fences are necessary to keep pedestrians off private property. There were no further comments and JOHNSON MOVED to close the public hearing. Woods seconded and the motion carried. WHITE THEN MOVED that action on this application be deferred and that the matter be sent to the Public Works Committee so that a solu- tion can be worked out. Woods seconded and the motion carried. REZONE (CONSENT CALENDAR - ITEM 3J) Minshull/Wagner Rezone. ADOPTION of Ordinance No. 2945 approving this rezone in accordance with Council action on September 18th and August 21st. PRELIMINARY (CONSENT CALENDAR - ITEM 3I) PLAT Westbrook Commerce Center Time Extension. APPROVAL of a one-year time extension for the Westbrook Commerce Center Preliminary Plat, as recommended by staff. ZONING CODE (OTHER BUSINESS - ITEM 4A) AMENDMENTS - Group Homes - Planning Commission Recommendations. GROUP HOMES This meeting has been established to consider recommendations made by the Planning Commission to the City Council concerning zoning code changes for group homes. The Planning Commission made their recommendations after considering the Group Homes Committee's final report. Rebecca Solomon, who chaired the Mayor' s committee, noted that details of the Planning Commission's recommendations were shown in Exhibit A, distribut- ed as a part of the packet. Janet Shull explained the proposed changes including: o Recommendations to add definitions in the zoning code for family and Class I, II, and III group homes, including a siting matrix and dispersion/separation requirements. o A proposed licensing and monitoring program and conditional use permit criteria for Class II and III group homes, and, o background information on the proposed licensing, monitoring and condition use permit criteria. 6 October 2 , 1990 ZONING CODE The final report of the Mayor's Advisory Committee AMENDMENTS - on Group Homes was distributed with the agenda and GROUP HOMES c-ontains the findings and the recommendations of tr..e committee. The recommendations are as follows: Action Item One: Amend the current Kent Zoning Code to Implement the following: A. Definition of Family B. Definition of Class 1, II and III Group Homes C. Group Homes Siting Matrix D. Separation and Dispersion Requirements for Class 11 and III Group Homes Key Players: Planning Department Staff, Planning Commissioners, and City Councilmembers. Target Date: City Council adopts Fall, 1990 Action Item Two: Establish Conditional Use Permit Criteria for Group Homes. Key Players: Planning Department Staff, Planning Commissioners, and City Councilmembers. Target Date: City Councils adopts in early 1991 Action Item Three: Establish Licensing and Monitoring Systems. This Action Item includes assigning a staff person to the monitoring of group homes once the licensing and monitoring systems are in place. Key Players: Planning Department Staff, Planning Commissioners, and City Councilmembers. Target Date: Have systems in place by end of 1991. Shull explained that Class I group homes could be for developmentally disabled and/or handicapped and could be located in a single family residential zone. Class II was described as groups of juvenile of- fenders and people undergoing rehabilitation for drug or alcohol abuse. This class could be located in multi-family or commercial zones. Class III would cover those convicted of a violent crime, or sexual predator. Shull noted that Class II & III are subject to the separation and dispersion requirements and must meet the criteria established for the conditional use requirements. In answer to questions from the Council, she deter- mined that these regulations would allow Class III only in commercial or industrial zones and 7 October 2, 1990 ZONING CODE further that both II & III would require licenses, AMENDMENTS - similar to business licenses and would be GROUP HOMES monitored. Linda Martinez , chair of the Planning Commission, pointed out that outright banning of group homes is not permitted and that the guidelines were estab- lished so that the Hearing Examiner would know what the Commission wanted. Commissioner Tracy Faust pointed out that group homes could not be excluded from the city but could be regulated. She suggest- ed that Kent is the first city to propose control- ling the group homes by establishing regulations. She suggested to White that the license fees could pay for the cost of monitoring. Fred Satterstrom of the Planning Department stated that monitoring would be done more than annually and especially so if any complaints are received. Faust pointed out that we are talking about a zoning matter not a policing matter. Shull pointed out that the state would be responsible also for monitoring. Chief Frederiksen noted that the Police Department is required to evaluate the criminal record of any Class III participant. Both Mann and White object- ed to Class III. Faust noted that if we had no Class III, those who came under that category would be permitted in Class II, which could mean sexual predators in apartments. White suggested that if a sizable bond were required for Class III groups, applicants might be scarce. JOHNSON MOVED to accept the Planning Commission' s recommendation regarding proposed zoning changes for group homes but to delete the reference to Class III. Mann seconded. Woods offered as a friendly amendment, to send Class III back for further consideration, but this was rejected as a friendly amendment. The motion and second were withdrawn and ORR MOVED to adopt the recommenda- tions on proposed zoning changes for Class I and II and to include III as a class, subject to modifica- tion by the Planning Committee before being fully adopted. Houser seconded. It was clarified for Dowell that this committee was appointed by the Mayor, and that a question of zoning for a group home at James and Alvord pointed out the need for clarification of the Kent code. 8 October 2 , 1990 ZONING CODE Solomon noted that the Fair Housing Act of 1988 had AMENDMENTS - motivated the study and the resulting recommenda- GROUP HOMES tions. White and Mann noted that they could not support the motion. White suggested an amendment to change the definition of a family unit back to its original wording, to require licensing for Class I group homes and to require a minimum $1, 000, 000 bond for all Class II homes to assure compliance with the rules. His suggestion was not supported and his motion to table the matter failed, with only Dowell, Mann and White supporting it. White noted that the proposal needs further work before he could support it. Russell Swenson of 3714 S. 239th, stated that the federal government is bringing criminally insane prisoners to the local prisons, and in turn local prisoners are being released into society, increas- ing the need for group homes. He stated that there is money to be made in the group homes programs. Greg Wingard favored the program, stating that we need rules to deal with particular situations. Don Knapp spoke against Class III homes in residen- tial areas. Floyd Bacon stated that Kent did not have to be the pilot program and that he had objection to Class I. Don Pugerude feared that Kent would become popular as a place for group homes. Mayor Kelleher reiterated that the motion had to do only with Class I and Class II. Jean Alexander, 11808 SE 236th, spoke in favor of group homes for the developmentally disabled. Mann noted that he could support Class I and Class II. Dowell stated that he had no problem with having a handicapped neighbor but objected to a group home in a residential neighborhood. He read the definition of Group Homes, Class I, to be permitted outright, noting much leeway is allowed for groups as large as 10 people. White asked that 9 October 2 , 1990 ZONING CODE the City Attorney research the legality of requir- AMENDMENTS ing a cash bond for Class II since this group would GROUP HOMES include recovering alcoholics and drug users wheth- er they were in the program as volunteers or not. Orr clarified that Class II would require a license and would be monitored. Dowell noted that the members of the advisory committee all had something to do with handicapped in one way or another. Rebecca Solomon stated that other citizens also served on this committee. Orr complimented the committee and the Planning Department for all of the work over many months. Upon a roll call vote, Orr' s motion passed with Dowell, Mann and White voting against. Upon Janet Shull ' s question, Orr clarified that the Planning Commission' s recommendations were accepted as they pertained to Class I and Class II and to acknowledge Class III as a category but to defer action on Class III. POLICE (CONSENT CALENDAR - ITEM 3C) Drinking Driver Task Force. ACKNOWLEDGEMENT of donations to the Task Force for support of the Parent Education Program activities as follows: Bell-Anderson Agency, Inc. - $100 Mountain High Burger Company - $50 Scenic Hill PTA - $100 FIRE (CONSENT CALENDAR - ITEM 3E) Station 76. ACCEPTANCE of Fire Station 76 as complete, under the Mar Jon contract. MAYOR'S (OTHER BUSINESS - ITEM 4B) POSITION Administrative Restructuring/Mayor's Pay. At the Council meeting on August 21, 1990, Councilmember Johnson proposed that the structure of the City' s Administrative Section be changed, and moved that his proposal be referred to the City' s Management Study Committee. Councilmember Mann stated that he would have an alternate proposal and MOVED to table Johnson' s motion until he could present his alter- nate proposal . Mann' s proposal is in the form of a resolution which leaves the Mayor's position part- time and increases the annual compensation. 10 r October 2, 1990 MAYOR'S WOODS MOVED that Johnson' s motion be removed from POSITION the table. Orr seconded and the motion carried. Mayor Kelleher explained that Johnson' s motion to refer this matter to the City's Management Study Committee is now before the Council. The motion was defeated with only Johnson in favor. Mann distributed copies of Resolution No. 1262 reaffirm- ing the Mayor-Council form of government and pro- viding for a cost of living increase to Mayor Dan Kelleher and MOVED for adoption. Houser seconded and the motion carried. (White was out of the room and did not vote. ) FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through October 3 , 1990 after audit- ing by the Operations Committee at its meeting at 2 : OOp.m. on October 9 , 1990. Approval of checks issued for vouchers: Date Check Numbers Amount 9/17 - 9/28/90 96543 - 96558 $138 , 126.74 10/1/90 96559 - 97025 678 , 405. 10 $816, 531.84 Approval of checks issued for payroll : Date Check Numbers Amount 9/20/90 141691 - 142398 $830, 838 . 24 (CONSENT CALENDAR - ITEM 3F) Resolution for Interfund LID Loans. ADOPTION of Resolution No. 1261 approving interfund loans for LIDs 329, 331, 333 and 335, as recommended by the IBC and the Operations Committee. The Council has previously approved interfund loans for LIDS but no formal documentation was incorpo- rated in ordinances creating LIDS No. 329, 331, 333 and 335. Bond Counsel has prepared this resolution to formally authorize interfund loans when borrow- ing money to perform local improvement district construction prior to the issuance of bonds and receipt of the bond proceeds. Future interfund loan authorizations will be included in the specif- ic ordinance creating LIDS. 11 1 October 2 , 1990 REPORTS (REPORTS - ITEM 7A) Council President. Woods reminded Councilmembers to make their reservations for the Suburban Cities meeting to be held October 10th in Federal Way. (REPORTS - ITEM 7E) Public Safety Committee. Mann distributed copies of a revised and amended noise ordinance and asked Councilmembers to examine it. EXECUTIVE (REPORTS - ITEM 7G) SESSION Administrative Reports. At 10: 35 p.m. , City Admin- istrative Chow requested an executive session of 5- 10 minutes to discuss pending litigation. ADJOURNMENT The meeting reconvened and adjourned at 10: 40 p.m. A 'IE- ',_ Marie Jens , CMC City Cler; 12