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.
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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
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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.
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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 .
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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
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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.
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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
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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.
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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
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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.
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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.
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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;
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