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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/06/1991 Kent, Washington August 6, 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Dowell, Johnson, Houser, Mann, Orr and White, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Finance Director McCarthy, Information Services Director Spang, Parks Director Wilson, Personnel Direc- tor Olson, Fire Chief Angelo, and Police Chief Crawford. Mayor Kelleher and Assistant City Administrator Hansen were not in at- tendance. Approximately 80 people were at the meeting. PUBLIC Employee of the Month. Mayor Pro Tem Woods an- COMMUNICATION nounced that Mary Lou Becker has been selected as Employee of the Month for August. She noted that Ms. Becker works in the Parks Department Resource Center and said she is praised for her dedication, courtesy, initiative and excellent work perform- ance. Parks Director Wilson noted that Ms. Becker is also the editor of the newsletter and commended her for the fine job she does on it. Woods pre- sented her with the Employee of the Month plaque. Ms . Becker expressed appreciation and stated that her job is made great by the special people she works with. National Night Out. Mayor Pro Tem Woods read a proclamation declaring August 6, 1991, as National Night Out in the City of Kent and calling upon all citizens to join the Kent Police Department and the National Association of Town Watch in support- ing and participating in the 8th Annual National Night Out. Police Chief Crawford noted that Kent placed fourth in the national competition last year, which shows that the citizens of Kent are concerned and involved. He added that the Police Department appreciates that. Just Cause Ordinance. Betty Worsdale of 25131 98th Place South, asked that the subject of the just cause ordinance be reopened. Mayor Pro Tem Woods explained that this issue is scheduled to be heard by the full Council on August 20th and Sep- tember 3rd. Worsdale submitted a letter and photographs of one of her apartment units and WHITE MOVED that they be made a part of the rec- ord. Johnson seconded and the motion carried. MINUTES Approval of Minutes. Approval of the minutes of the regular Council meeting of July 16, 1991, with the following correction to Item 3L on page 2 : August 6, 1991 MINUTES " . . . 231 lineal feet of 8" sanitary sewer and 2 catch basins in the vicinity of Bridges Avenue. . . " should read " . .231 lineal feet of 8" storm sewer in the vicinity of Bridges Avenue. . . " CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through N, with the exception of Item C which was removed by Councilmember Dowell, be approved. White seconded and the motion carried. HEALTH & (CONSENT CALENDAR - ITEM 3I) SANITATION Smith and Mills Short Plat. ACCEPTANCE of the bill of sale submitted by ACY-DEUCY Concrete, Inc. for continuous operation and maintenance of ap- proximately 673 feet of sanitary sewer extension constructed in the vicinity of 94th Avenue South and South 222nd Street and release of the cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3J) Royal Firs. ACCEPTANCE of the bill of sale and warranty agreement submitted by CPC/LEW Venture for continuous operation and maintenance of ap- proximately 3 , 066 feet of water main extension and 2 , 373 feet of sanitary sewer extension constructed in the vicinity of 112th Avenue S.E. and S .E. 240th Street for the Royal Firs Apartment complex and release of cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3K) Kent East Corporate Park. ACCEPTANCE of the bill of sale submitted by Kent No. 1 Limited Partner- ship for continuous operation and maintenance for a traffic signal constructed at the intersection of South 216th Street and 84th Avenue South and release of the construction bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3L) Brentwood Townhouses. ACCEPTANCE of the bill of sale and warranty agreement submitted by Brentwood Development Company for continuous operation and maintenance of approximately 1, 274 feet of water 2 August 6, 1991 HEALTH & main extension and 790 of sanitary sewer extension SANITATION constructed in the vicinity of 101st Avenue S.E. and S.E. 258th Place for the Brentwood Townhomes and release of the cash bond after expiration of the one-year maintenance period. STREETS (CONSENT CALENDAR - ITEM 3M) 196th Corridor - TIB Funding. AUTHORIZATION for the Mayor to sign a grant agreement with the Transportation Improvement Board for funding for the 196th Corridor Project and establishment of a budget for funds received through same, as recom- mended to the Public Works Committee. (BIDS - ITEM 5A) 1991 Asphalt Overlays. Bid opening for the 1991 Asphalt Overlay project was August 1 with three bids received. The low bid was submitted by M.A. Segale in the amount of $229, 023 . 75 for all nine schedules included in the bid. The project, as originally proposed, provides for overlay work in nine areas throughout the City - I) Cambridge; II) S . 260th and S. 261st Streets; III) 38th Avenue South; IV) Cherry Park Estates; V) 39th Avenue South; VI) Kennebeck Avenue; VII) Wynwood Drive; VIII) Tilden Avenue; IX) S . 212th Street. After review of the bids and the available funding, staff recommends that Schedule IV - Cherry Park Estates be deleted from the contract and the project awarded to M.A. Segale for Schedules I, II, III , V, VI, VII, VIII, and IX for the amount of $186 , 086 . 35 . WHITE SO MOVED. Orr seconded and the motion carried. ALLEY (PUBLIC HEARINGS - ITEM 2B) VACATION Senior Housing Street Vacation. An application has been made by Morgan Llewellyn to vacate a por- tion of the alley lying between Smith Street and Harrison Street and Fourth Avenue and Fifth Ave- nue. Mayor Pro Tem Woods declared the public hearing open. Morgan Llewellyn, 4848 S . 274th Place, noted that this is a landlocked alley which was inadvertently missed in the original vacation 3 August 6, 1991 ALLEY ordinance. He noted that the property owners have VACATION agreed to turn it over at no cost. Upon a ques- (Senior tion from Nona Brine, owner of the property at 625 Housing) W. Harrison, Wickstrom explained that normally when a street vacation abuts two properties, it is split between the two. There were no further com- ments and WHITE MOVED to close the public hearing. . Houser seconded and the motion carried. JOHNSON MOVED to approve the Planning Department's recom- mendation of approval of an application to vacate a portion of the alley lying between Smith Street and Harrison Street and Fourth Avenue and Fifth Avenue and direct the City Attorney to prepare the necessary ordinance without requiring compensa- tion. White seconded and the motion carried. CONDEMNATION (CONSENT CALENDAR - ITEM 3H) Condemnation for right-of-way (vicinity of 108th S.E. and 260th) . ADOPTION of Ordinance 2988 authorizing staff to proceed with condemnation proceedings, as negotiations for right-of-way are unsuccessful, as approved by the Public Works Com- mittee. SOOS CREEK (OTHER BUSINESS - ITEM 4B) PLAN Soos Creek Plan. This meeting will consider the Planning Committee' s endorsement of the King County Executive Proposed Soos Creek Community Plan Update including changes regarding incorpor- ation and annexation language which should be stronger for the urban areas, and the mitigation payment system which should not be referenced specifically but should support coordination of mitigation impact fees. Johnson noted that a new section (Section 4) has been added to the resolution requesting that the King County Council support the concept of land use zoning provisions in the Soos Creek Plan which will preclude new urban development within the Soos Creek Planning area until such time as the roads and arterials which serve such development are improved to level of service "E" . HE THEN MOVED to approve the Planning Committee ' s endorse- ment of Resolution 1289 in support of the proposed 4 August 6, 1991 SOOS CREEK Soos Creek Plan including the above changes, which PLAN will be presented to the King County Council for their consideration. Mann seconded and the motion carried. FINAL PLAT (CONSENT CALENDAR - ITEM 3E) Walnut Grove Final Plat SU-90-2 . AUTHORIZATION to set August 20, 1991 as the date for a public meeting to consider Walnut Grove Final Plat map. The property is approximately 6. 1 acres in size and is located east of 94th Avenue South, west of 96th Avenue South, south of South 241st Street, and north of South 243rd Street. REZONE (OTHER BUSINESS - ITEM 4A) Bishop Rezone. This meeting will consider the Hearing Examiner's recommendation of conditional approval of a request by Robert Thorpe or Gary Volchok to rezone a 1.77 acres from the current zoning of GWC, Gateway Commercial , to M3 , General Industrial . The subject property location con- sists of the western 312 feet of Lot 1 of Shinns Valley Home Addition. The address of the two homes located on the eastern portion of this lot are 22225 and 22219 84th Avenue South. Carol Proud of the Planning Department noted that the property owners to the west want to use the property for an outside storage yard, which is not permitted in the Gateway Commercial zone, but is permitted in the General Industrial zone. She added that both staff and the Hearing Examiner have recommended approval. JOHNSON MOVED to accept the findings of the Hearing Examiner, to approve the Hearing Examiner' s recommendation of approval of the Robert Thorpe or Gary Volchok' s rezone with two conditions and to direct the City Attorney to prepare the necessary ordinance. White seconded and the motion carried. ANNEXATION (OTHER BUSINESS - ITEM 4C) PETITION ADDED ITEM Ramsted Annexation. Mike Sharp, 12824 S .E. 256th, presented a petition for annexation and noted that it contains in excess of the property valuation required. ORR MOVED to make the petition a part of the record. Houser seconded and the motion carried. City Attorney Lubovich explained that 5 August 6, 1991 ANNEXATION the signatures must be verified by Public Works, PETITION and recommended that the petition be referred to (Ramsted) the Annexation Committee simultaneously. He pointed out that the Council must consider it within sixty days. Woods noted that someone from the Public Works Department will be in contact with Mr. Sharp. MOBILE HOME (PUBLIC HEARINGS - ITEM 2A) PARK CODE Mobile Home Park Code Amendment. This public AMENDMENT hearing will consider three revisions to the Kent Mobile Home Park Code summarized as follows: 1) Codification revisions throughout documents; 2) Minor text revisions that revise consistency with adopted city codes and policies; and 3) New non-conforming mobile home park section. The re- visions are being brought directly to the City Council for deliberation as a result of Section 2 of the adopting Ordinance No. 2077 which states that "the code may be amended by the City Council at any regular City Council meeting upon motion duly made, seconded and passed. " Carol Proud of the Planning Department noted that they have received a regulatory review request from a mobile home park owner asking that Section 1. 3 paragraph 3 which reads as follows be amended: "Any units brought into an existing mobile home park: any mobile home relocated on its own lot or onto any other lot: any additions to the structure or structures present on any lot (e.g. storage buildings, canopies, decks, patios, fences, etc. ) must comply with this code as well as all other applicable City codes and regulations. " She noted that it is the duty of the Building Official to issue relocation permits for individ- ual mobile home units in existing parks, and that he has denied relocation permits because the Code does not permit relocating individual mobile home units that cannot meet requirements and standards for new parks. She explained that all of the existing mobile home parks within the City were built prior to the 1978 adoption of the Mobile Home Park Code and that all of the existing mobile home parks are non-conforming with respect to 6 August 6, 1991 MOBILE HOME individual unit placement criteria which includes PARK CODE lot size, coverage, setbacks and separation AMENDMENT requirements between units and accessory build- ings. She noted that an environmental review of the proposed amendments to the mobile home park code was conducted pursuant to the State Environ- mental Policy Act and that the Fire Department recommended that combustible accessory structures be limited to one per mobile home park lot, in order to avoid proliferation of such structures that could otherwise present an unacceptably high fire risk. Proud noted that several meetings were conducted with interested parties which included park owners, tenants, real estate agents and King County Housing and Economic Development section. She said only one comment was received, which con- curred with the staff 's recommendation. She noted that of most concern is the dwindling number of mobile home parks available, and the fact that new mobile home parks are not being constructed. Proud reviewed the non-conforming Mobile Home Park Standards which staff has developed. She clari- fied for White that sewer and other types of hook- ups may be required and that the Building Depart- ment will administer this. White voiced concern regarding the number and cost of permits required. Proud urged the Council to direct the City Attor- ney to prepare the necessary ordinance. Woods declared the public hearing open. Mel Kleweno, 555 W. Smith, Attorney representing sev- eral mobile home park owners, noted that they are concerned about the costs associated, and pointed out that mobile home parks are one of the main sources of affordable housing for low and fixed income people. He stated that some park owners had asked for additional meetings with staff and urged the Council to direct Planning to work fur- ther with. the owners. Paul Symbol, owner of a park at 412 N. Washington, voiced concern about losing spaces due to setback requirements, and noted that it would be difficult to comply with the ordinance regarding water, sewer and power hookups because of the short no- tice given by tenants when moving in and out. He also requested that more meetings be held with 7 August 6, 1991 MOBILE HOME Planning staff before adoption of the ordinance. PARK CODE Jack Keck, 855 E. Smith, owner of Circle K Park, AMENDMENT spoke in regard to recreational vehicles. He also stated that he would like to meet with Planning again before this issue is finalized. Upon a question from a mobile home owner, Mrs. McLaughlin, Carol Proud said that this amendment would have no effect on people currently living in mobile home parks, that it only affects people trying to move into parks. Proud noted that she had sent out notification and draft copies asking for comments, but received only one comment. Proud pointed out that this amendment would allow the Building Official some flexibility to allow people to move into parks and that it would make it easier for people to replace their existing mobile home with a new one. White asked that the issue regarding whether tenants could have both a carport and a storage shed be clarified. Ron Clark, representing the Washington Manufac- tured Housing Association, said the ordinance pro- vides flexibility and noted that the National Fire Protection Standards are reasonable. John Marshall, owner of two empty spaces at Valley Manor Park, asked that the amendment be accepted subject to further review if necessary. He noted that there are urgent needs for people to move into the empty spaces which clearly conform to the new restrictions. Harry Allen, 849 Main Street, Edmonds, voiced con- cern about modifying spaces to meet this new code. He noted that there is considerable cost involved regarding water, sewer, pad, concrete patio and other things. He said if a park owner chooses to modify a space, he would have to clear the second space in order to create the room to meet the new code, which would impact other tenants. He added that the restriction should be changed so that there can be more than one structure per lot. He suggested that this be discussed further and pre- sented at a future time. Proud said that the ma- jority of parks will be able to be accommodated by this, although some of the old ones would have a problem. 8 August 6, 1991 MOBILE HOME Bill Doolittle said that this would allow older PARK CODE parks built before the 1978 Mobile Home Park Code AMENDMENT went into effect to keep utilizing those spaces for similar units. He noted that without it, when spaces are vacated, owners would have fewer units and rent would have to be increased. He noted that permits required would probably be at a mini- mum, and commended the Planning Department for ad- dressing this problem since mobile home spaces for older units are scarce. There were no further comments and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. WHITE MOVED that this be referred to staff and that the minor details be worked out and brought back in two weeks if possible. Harris asked for more time, and agreed to work toward a September 3 deadline. White asked staff to respond to the items people brought up tonight. Woods asked interested people to contact Planning Director Harris or Carol Proud for input as to when meetings are held. WHITE REPHRASED HIS MOTION to move that this be referred to staff and be brought back to Council on September 3 . Houser seconded. Orr voiced concern about the time con- straint for people being displaced at Longacres and suggested adopting this ordinance with the provision that the staff revisit those areas that are problems and bring it back to Council for re- vision. She noted that Council could amend this simply by passing another motion. City Attorney Lubovich pointed out that the ordinance has not been prepared yet. He added that the ordinance would not go into effect until 30 days from passage. White withdrew his motion and Houser withdrew the second. JOHNSON MOVED to accept the revisions to the Mobile Home Park Code and direct the City Attorney to prepare the necessary ordinance, with the understanding that people who have concerns about certain provisions of the proposed ordinance meet with the Planning Department and work them out and that staff bring revising language back to Council. Orr seconded. Upon comments from the audience, Woods and Harris clarified that an ordinance has not yet been pre- pared, and that the motion is to direct the City 9 August 6, 1991 MOBILE HOME Attorney to prepare an ordinance, and to direct PARK CODE Planning to meet with interested people and come AMENDMENT back with necessary amendments. Proud noted for White that as the code stands now, without the revisions, she cannot allow anyone to move into the parks. White assured the people in the audience that their concerns will be addressed. Orr agreed with White and noted that it will be a simple task to make the changes and in the meantime this will provide relief to people in need. The motion then carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) REMOVED AT THE REQUEST OF COUNCILMEMBER DOWELL Planning Commission Appointment. CONFIRMATION of the Mayor' s appointment of Kent Morrill to the Kent Planning Commission replacing Willie Gregory who resigned. Dowell voiced concern regarding the appointment of a King County official, which gives the appearance of a conflict of interest. He noted also that Mr. Morrill is challenging Councilmember White for a Council position, and that if he wins the election, he would have to be replaced on the Planning Commission in five months. Dowell pointed out that the appointment could be viewed by citizens as political in nature rather than in the best interests of planning for the City. Dowell said he has no objection to Mr. Morrill ' s ability or experience, but objected to the timing, the potential conflict of interest, and the appearance of fairness associated with the appointment at this time. HE MOVED to refuse the confirmation. White seconded. The motion was defeated with Dowell and White in favor and Woods abstaining. DOWELL THEN MOVED for approval. Johnson seconded and the motion carried. (CONSENT CALENDAR - ITEM 3D) Board of Adl ustment Appointment. CONFIRMATION of the Mayor' s reappointment of Raul Ramos to the Kent Board of Adjustment. 10 August 6, 1991 PARKS & (CONSENT CALENDAR - ITEM 3F) RECREATION IAC Grant Agreement/Lake Fenwick Phase III. AUTHORIZATION for the Mayor to sign the Inter- agency Committee for Outdoor Recreation (IAC) grant agreement to receive $466,784 in matching funds for Lake Fenwick Phase III project as rec- ommended by the Parks Committee; and further to authorize Barney Wilson, Director of Parks and Recreation, or his designee, to negotiate for the purchase of real property and to purchase real property upon terms and conditions substantially consistent with the agreements submitted for ap- proval herein. (CONSENT CALENDAR - ITEM 3G) IAC Grant Agreement/East Hill Neighborhood Park. AUTHORIZATION for the Mayor to sign the Inter- agency Committee for Outdoor Recreation (IAC) grant agreement to receive $401, 500 in matching funds for East Hill Neighborhood Park as recom- mended by the Parks Committee. (CONSENT CALENDAR - ITEM 3N) ADDED BY COUNCILMEMBER DOWELL Washington State Arts Commission Grant. Dowell noted that an $8, 000 grant has been approved by the Washington State Arts Commission for the City of Kent. He explained that they must have information on acceptance by August 26, and that the Parks Committee will not meet before then. He asked that this be added to the agenda as Item 3N. There was no objection from Council . FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through July 31, 1991 after au- diting by the Operations Committee at its meeting at 4 :45 p.m. on August 13 , 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 7/16-7/31/91 107116-108156 $2 , 396, 977 . 88 Approval of checks issued for payroll : Date Check Numbers Amount 8/5/91 01158656-01159463 $ 647 , 280. 09 11 August 6, 1991 REPORTS Council President. Woods noted that Suburban Cities will meet next Wednesday evening in Lake Forest Park and asked that reservations be made through Administration. Parks Committee. Dowell noted that some time ago, the Operations Committee voted to spend $16, 500 for a study of the golf course. HE MOVED to ap- prove the request for the funds and to allow the project to continue. Houser seconded. Upon Woods ' question regarding proper notification, the Attorney stated that the motion can be accepted tonight. There were no further comments on the motion and it carried unanimously. Administrative Reports. City Administrator Chow reminded the Council of the Budget Workshop to be held on August 8 at the Senior Center at 8 : 00 a.m. McCarthy noted that departments will not be making separate presentations as they have in the past, and that issues will be looked at on a city-wide basis. Woods commented that the purpose of the meeting is to decide how to address the budget shortfall . ADJOURNMENT The meeting adjourned at 8 : 35 p.m. Brenda Jacober, ,CMC Deputy City Clerk 12