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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/17/1991 Kent, Washington September 17 , 1991 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, Police Chief Crawford, Fire Chief Angelo, Assistant City Administrator Hansen, Finance Director McCarthy, Information Services Director Spang, and Personnel Director Olson. Parks Director Wilson was not in attendance. Approximately 30 people were at the meeting. PUBLIC Walk for Health Day. Mayor Kelleher read a COMMUNICATION proclamation declaring Saturday, September 28, 1991, as Walk for Health Day in the City of Kent. He noted that the City of Kent has also promoted walking through the City' s Wellness Program and City employees participate in regular scheduled walks. He encouraged people of every age, back- ground, ethnic group, and interest to take part in this community event. The Mayor presented the proclamation to Lynn Stellick. Citizenship Day/Constitution Week. Mayor Kelleher read a proclamation declaring September 17 , 1991, as Citizenship Day and the week of September 17- 23 , 1991, as Constitution Week in the City of Kent. He noted that it is important that all citizens fully understand the provisions, principles, and meaning of the Constitution so they can defend it and, this week gives the opportunity for all Americans to learn about and to reflect upon the rights and privileges of citizenship and its responsibilities. The Mayor invited every citizen and institution to join in the national commemoration. Mayor Kelleher introduced Olga Zuyeva, Secretary of the Board of the Soviet Peace Fund. Ms. Zuyeva explained that she is visiting the United States and Canada at the invitation of the Rotary Clubs, and said she is honored to be present at tonight ' s meeting. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR I be approved with the exception of Item 3E which was removed by White. Houser seconded and the motion carried. 1 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of September 3 , 1991. STREETS (CONSENT CALENDAR - ITEM 3F) VMS (Vehicle Monitoring System) Upgrade. AUTHORIZATION for the Mayor to sign a WSDOT grant application for funding the upgrade of the Vehicle Monitoring System and to establish the budget for monies received from said grant, as recommended by the Public Works Committee and approved by IBC and Operations Committee. SHORELINE (CONSENT CALENDAR - ITEM 3C) MASTER Amendment to Kent Shoreline Master Program for PROGRAM Foster Industrial Park. ADOPTION of Resolution 1295 expressing the City' s intention to adopt a proposed amendment to the Kent Shoreline Master Program and to forward the same to the State Department of Ecology. The City Council , at its September 3 , 1991 Council meeting, considered proposed amendments to the Kent Shoreline Master Program as recommended by the Kent Planning Commission to amend the Kent Shoreline Master Program by changing an existing conservancy shoreline environment to an urban environment for Foster Industrial Park, Lot 18 No. SMP-91-1, and further directed the City Attorney to prepare a resolution declaring its intent to adopt the amendments as proposed by the Planning Commission and to forward the same to the State Department of Ecology for review and approval . MOBILE HOME (CONSENT CALENDAR - ITEM 3D) PARK CODE Mobile Home Park Code Amendments. AUTHORIZATION AMENDMENTS to set October 1, 1991 as the date for a public hearing to consider amendments to Mobile Home Park Code. PLATS (CONSENT CALENDAR - ITEM 3G) Correction of a Recorded Plat. ADOPTION of Ordinance No. 3002 correcting the recorded plat of Walker' s Acres, as recommended by the Public Works Committee. Short Subdivision of Walker' s Acres was approved subject to certain conditions, some of which were to appear on the face of the plat. A plat con- forming to the conditional approval was submitted to the King County Auditor for recording, but it 2 September 17 , 1991 PLATS was subsequently discovered that the plat as recorded was different from the plat as submitted. This ordinance follows the statutory procedure for correction of a plat in such circumstances. (CONSENT CALENDAR - ITEM 3H) Canterbury Final Plat No. SU-89-3 . AUTHORIZATION to set October 1, 1991 as the date for a public meeting to consider Canterbury Final Plat map. The property is approximately 4 . 34 acres in size and is located on 100th Avenue S.E. and north of 248th Street. (CONSENT CALENDAR - ITEM 3I) Eastwood Final Plat No. SU-89-1. AUTHORIZATION to set October 1, 1991 as the date for a public meet- ing to consider Eastwood Final Plat map. The property is approximately 4 . 35 acres in size and is located on 100th Avenue S .E. and north of 248th Street. COMMUNITY (PUBLIC HEARINGS - ITEM 2B) DEVELOPMENT 1992 Community Development Block Grant (CDBG) BLOCK GRANT Program. This public hearing will consider adop- PROGRAM tion of the 1992 Community Development Block Grant (CBDG) Program as recommended by the City Coun- cil ' s Planning Committee. Alice Shobe of the Planning Department listed the projects and fund- ing levels as follows: Recommended Funding Protect Type Level 1 . Program Planning & Administration Admin. $ 916 2 . City of Kent Housing Repair Service Program Housing Rehab 142 , 021 3 . SKCMSC Transitional/ Emergency Housing Rehabilitation* Housing Rehab 19, 000 3 September 17 , 1991 COMMUNITY Recommended DEVELOPMENT Funding BLOCK GRANT Project Type Level PROGRAM 4 . King Co. Hsg. Authority/ YWCA South King Co. Domestic Violence Project** Acquisition $ 27 , 500 5. Kent Community Clinic Health Services Human Services 13 , 300 6. Emergency Feeding Program of Seattle- King County Human Services 4 , 443 7 . YWCA Emergency Housing Program Human Services 18 , 000 TOTAL $225, 180 ------------------------------------------------- *If the CDBG entitlement is reduced, funding allo- cated to South King County Multi-Service Center Kent Rehabilitation Project Phase III shall be re- duced the full amount. **If the CDBG entitlement is increased, funding allocated to King County Housing Authority/YWCA South King County Domestic Violence Project shall be increased the full amount. Shobe clarified for Dowell that funding for Human Services projects is over and above the 1% allo- cated through the General Fund. The Mayor declared the public hearing open. Bonnie Winkenwerder, 25019-135th SE, thanked the Council for their continuing support of the YWCA. Arthur Lee, Executive Director of the Emergency Feeding Program, noted that his agency is a new applicant to the City and thanked the Council for their consideration. There were no further com- ments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion 4 September 17 , 1991 COMMUNITY carried. JOHNSON MOVED to approve the 1992 Commu- DEVELOPMENT nity Development Block Grant (CDBG) Program as BLOCK GRANT recommended by the Human Services Commission and PROGRAM City Council Planning Committee. Woods seconded and the motion carried. CONDITIONAL (PUBLIC HEARINGS - ITEM 2C) USE PERMIT Kent 57 Appeal. This public hearing will consider APPEAL an appeal by the Casey Group Architects of a denial made by the Hearing Examiner for a condi- tional use permit to construct a 57-unit apartment complex in a CC, Community Commercial, zoning dis- trict. Alice Shobe of the Planning Department noted that this area is located on the southeast corner of 102nd Avenue SE and SE 236th. She noted that the site is currently vacant, and pointed out that the areas north and east of the site are zoned CC, and the area to the west is zoned R- 1. 50. She noted that an apartment complex was built under MRM standards prior to the rezone in March, 1990. She noted that the property to the south is zoned MRM, and was rezoned from CC in 1976. She noted that the staff recommendation was for approval with conditions regarding applicable zoning regulations for multifamily development, open space, notification to the Kent School Dis- trict, and lot-line revision. She stated that the Hearing Examiner denied the conditional use appli- cation on April 17 , 1991, and that a request for reconsideration was filed on May 1, 1991. The Mayor opened the public hearing. Robert Bryan of Sylvester, Ruud, Petrie & Cruzen, 3916-42nd Avenue SW, Seattle, attorney representing the owners, noted that when the original conditional use permit was denied, the Hearing Examiner sug- gested that if four specific areas were addressed, the application would be reconsidered. He said the Casey Group did address those issues but that the Hearing Examiner subsequently denied it. He noted that the particular zone that this property is in was not rezoned during area housing studies, indicating that the Council did not intend to limit the development of this property. He stated that he feels the proposed project is the best use of this property and that a similar opinion was stated by the Planning Department in their report to the Hearing Examiner. 5 September 17 , 1991 CONDITIONAL Bryan displayed a copy of the original site plan USE PERMIT which consisted of 6 three-bedroom apartments, 30 APPEAL two-bedroom apartments and 21 one-bedroom apart- ments. He identified the four areas which the Hearing Examiner wanted addressed as follows: 1) Contiguous green area not net; 2) Project should include more one-bedroom units because multi-bedroom units would result in more children and more noise; 3) Impact on schools; 4) Pedes- trian and road improvements necessary to accommo- date the project. He noted that a reconsideration was requested based on a new plan which contains 53 units. He explained that the project now is bordered by the parking area which creates a buffer zone and addresses the issues of traffic and noise. He said that the project now includes 28 one-bedroom units, 25 two-bedroom units and no three-bedroom units, and that there is a concen- tration of green area in the middle of the pro- ject. Bryan pointed out on the map that this location is between commercial areas and multi- family areas. He said he felt the permit should have been approved after the revisions were made to the project. He said that the negative aspect identified after reconsideration was the addition- al children in the schools, and pointed out that the superintendent had submitted a letter indicat- ing that an estimated total of 13 children would be added to Kent schools with this project, and suggesting that the Council consider impact fees. Bryan noted that the developer does not object to reasonable impact fees. He also said that the traffic flow would be improved because 236th and 102nd would be extended. He added that there would be 100 parking spaces for 53 units, which exceeds the City' s requirements. He also noted that traffic impact would be less with residential development and that because of the location of the property, a business would not have signage rights on the major arterials. He stated that compatible use is the only issue, and asked the Council to reverse the Hearing Examiner' s decision and grant the conditional use permit. George Thiel , 23830-102nd Avenue SE, President and Manager of a condominium complex south of the pro- posed unit, said he represents 24 owners in his complex and 28 owners in a complex south of his . 6 September 17, 1991 CONDITIONAL He said he feels the impact to Kent schools would USE PERMIT be greater than 13 , and that in addition to noise, APPEAL traffic has increased a great deal since a 96-unit complex was built across the street. He said that with a commercial development, traffic would be limited to business hours and that opening the streets from 236th to 104th will create additional traffic problems. He urged the Council not to approve this project. There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. JOHNSON MOVED to remand this matter to the Hearing Examiner with a restriction that he direct his review exclusively to the issue of whether or not the proposed appli- cation meets the criteria for a conditional use permit in a CC zone. Woods seconded. Upon White' s question, Lubovich voiced concern about whether the Hearing Examiner can determine what type of unit to be built. He also noted that the issue of whether this project is compatible with other uses in the area, which was the basis for denial, was not addressed. Mayor Kelleher directed Lubovich to review the Fair Housing Equal Opportunity Amendments Act of 1988 and other recently adopted fair housing legislation in regard to discrimination on the basis of family size or type, and report his findings to him, the Council and the Hearing Examiner. Johnson stated that he would like the school district to let the Council know if they are opposed to a particular project and reasons why. Dowell noted that the Council should try to determine whether the Hearing Examiner erred in this case. He said he feels the appeal should be approved. Mann pointed out that the Council has voted to reduce multi- family housing on East Hill, and that drainage problems have not been addressed. The motion then carried with Dowell and Mann voting nay. MULTIFAMILY (PUBLIC HEARINGS - ITEM 2D) DESIGN Multifamily Design Review. This public hearing REVIEW will consider the Multifamily Design Review Re- port as recommended by the Planning Committee and the Planning Commission. This report outlines a recommended design review process and criteria to 7 September 17 , 1991 MULTIFAMILY be applied in reviewing proposals for multifamily DESIGN development. Janet Shull of the Planning Depart- REVIEW ment noted that the Planning Commission is inter- ested in design review as a method of addressing some of the impacts that multifamily development may have in the community. She noted that staff researched other cities who currently have a design review process. She explained that design review applies to any proposed multifamily project of three or more units, unless the development is proposed in a mixed use building where multifamily is not located on the ground floor. She noted that the process would take place within the framework of the existing permit review process. She added that a handbook would be prepared out- lining site design, landscape design, and building design. Shull explained the recommended actions as follows: I. Direct Planning Department Staff to amend the Zoning Code for an administrative design review process for multifamily development, consistent with Option Cl as presented on page 16 of the Multifamily Design Review report. II. Direct Planning Department staff to develop an illustrated Multifamily Design Review Guidelines Handbook. III . Determine appropriate fees for design review as part of the fee structure review being under- taken by Administration. IV. Strongly recommend that at least . 25 full time equivalent be added to the Planning Department upon adoption of this Multifamily Design Review. V. Direct the Planning Commission to review the Administrative Design Review process and Multi- family Design Review Guidelines Handbook at least once every three years with the first review to be conducted within twelve months of the implementa- tion of the process. Upon a comment from White, Shull agreed that the words "colors" and "materials" could be omitted from Chapter 1, Elements, since that section is a definition of what design review can be. 8 September 17 , 1991 MULTIFAMILY Linda Martinez , Vice-Chair of the Planning DESIGN Commission, noted that the plan recommended is a REVIEW workable, effective means of achieving a better community for all residents. She said that the process allows enough flexibility that creative and pleasing projects can be built, that it gives developers a fixed, known process, and that it gives the City the ability to influence how multifamily development relates to the rest of the City. She added that staffing is crucial . The Mayor declared the public hearing open. There were no comments from the audience and DOWELL MOVED to close the public hearing. Mann seconded and the motion carried. Shull clarified for White that adding design review to the existing permit process would add one additional informal meeting with staff. She said the entire process usually takes three to four months, and this would add from one to three weeks. She also explained for White that one option to adding the . 25 position would be to look at the department workload and make adjustments. WOODS MOVED to accept the Planning Commission' s recommendations of approval of the Multifamily Design Review No. ZCA-90-5, and to direct the City Attorney to prepare the necessary ordinance. Woods commended the staff and Planning Commission for their work on this issue. Planning Manager Satterstrom noted for Orr that the fees generated could be used to offset the cost of staff time. He noted that staff is proposing that review of the design review fee be part of a fee ordinance. Orr noted that she supports the proposal but is concerned about not having staff to handle it. Houser voiced concern about adding staff, and about not knowing what the fee structure would be. Harris noted that the Planning Department is being asked to cut a significant amount of money from their budget, which will affect programs, and said they need to show the Council what is being done now, what the demands on time are now, and what programs would have to be deleted or adjusted to allow time for design review. Upon Dowell ' s ques- tion, Woods stated that White ' s comments regarding colors and materials had been received in a friendly fashion and that there was no need to in- clude them in the motion. Orr agreed. The Mayor 9 September 17 , 1991 MULTIFAMILY clarified for Dowell that Council ' s direction to DESIGN staff would be to look for ways to staff the . 25 REVIEW position within the department. White offered a friendly amendment to delete Action Item IV regarding the . 25 full time position. Woods did not accept the suggestion as a friendly amendment. WHITE MOVED to amend the motion, deleting Item IV. Johnson seconded. The motion to amend carried with Dowell, Johnson, Mann and White in favor and Houser, Orr and Woods opposed. The motion to adopt the Planning Commission' s recommendations of approval of the Multifamily Design Review, exclud- ing Item IV, and directing the City Attorney to prepare the necessary ordinance then carried. MANAGEMENT (CONSENT CALENDAR - ITEM 3E) STUDY REMOVED AT THE REQUEST OF COUNCILMEMBER WHITE Drinking Driver Task Force. ADOPTION of Ordinance No. 3001 establishing the Drinking Driver Task Force. The recent Warner Group Management Study recom- mended that the City' s Drinking Driver Task Force report to the Kent Police Department. Since the Task Force is governed by a board consisting of both City officials and citizen members, it was recommended by the City Attorney' s Office that an ordinance be drafted formally establishing the Task Force setting forth procedures for appoint- ment of Task Force members and administrative staff, and providing that the Drinking Driver Task Force staff report to the Chief of Police for administrative purposes. The City Council is asked to pass the proposed ordinance implementing these recommendations. White noted that the Task Force has been very successful , in part because of community partici- pation. He voiced concern that it is now being limited to eleven members appointed by the Mayor and confirmed by the Council . He said that would limit citizen participation and open the way for political appointments . The Mayor noted that his intent would be to appoint the people who present- ly serve on the Task Force, and that he had pre- pared a memo to that effect. White pointed out that the people being appointed are presently com- mittee chairs, and there is no involvement for 10 September 17, 1991 MANAGEMENT anyone on the committee. Dowell . asked whether the STUDY intent of this action is to reduce the size of the Task Force. Lynda Anderson, Coordinator of the Drinking Driver Task Force, noted that the ordinance was designed to reflect the participa- tion in the Task Force. She pointed out that the Steering Committee has been roughly eleven people, and that the individuals who are currently serving are people who have been very active and shown a long-term volunteer interest, as well as people who are professionally involved in the field of traffic safety. Lubovich explained that the ordinance serves to formalize the Drinking Driver Task Force and to implement a portion of the Warner Group Study which recommends that the Task Force report to the Police Department. HOUSER MOVED for the adoption of Ordinance 3001 establishing the Drinking Driver Task Force. Mann seconded. Houser pointed out that although many volunteers contribute to the Task Force, the members of the Steering Committee set the param- eters and keep the programs going. She said there is a need for an ordinance legalizing the Task Force and placing it under the Police Department. White pointed out that the Task Force was pre- viously in the Police Department without an ordi- nance, and that it was moved to Administration. He agreed that it should be under the Police Department, but felt an ordinance is not neces- sary. Lubovich clarified that the Task Force has not been operating illegally, and that although an ordinance is not required, the idea was to effec- tuate a formal transfer and to set up a procedure for making appointments. Dowell pointed out that the Public Safety Committee has not been involved in this matter, and that only the Operations Com- mittee has had an opportunity to study it. The motion then carried with Dowell voting nay. BUDGET (PUBLIC HEARINGS - ITEM 2A) 1992 Budget. Tonight 's meeting has been set to receive final public input prior to preparation of the 1992 preliminary budget to be presented on October 15 . At the Council workshop prior to the 11 September 17 , 1991 BUDGET meeting, the Council received a preview of the Mayor' s proposal to balance the budget. Finance Director McCarthy noted that there have been continuing downturns in the local economy and that the budget is approximately $5 . 9 million out of balance. He explained the balancing proposal as follows: Reducing the General Fund Contin- $2 , 300, 000 gency to $500, 000 after adding approximately $800, 000 for Utility Tax Accrual Using Unemployment and CIP Transfers 1, 075 , 851 Increasing Departmental Revenues 514 , 000 Cutting Departmental Budget except 867 , 646 positions (one time only, 30% Professional Development, extending vehicle lives, department proposed cuts) Establishing a salary credit to be 1, 177, 116 allocated to Departmental Budgets to be offset with vacant positions $5 , 934 , 483 The Mayor declared the public hearing open. Upon a question from Bill Doolittle, 412 N. Washington, the Mayor explained that the City Attorney has been asked to negotiate an extension of the City' s pullout from Aukeen Court and therefore funding for a municipal court is being deferred for one year. Doolittle pointed out that there is no dollar amount attached to Item CW 13 , Eliminate Manage- ment Benefits and Non-Public Safety overtime. In regard to CW20, Utilize Cuts Proposed by Depart- ments, he noted that the Parks Department has several human services programs such as the Special Populations Resource Center, which already operate on limited funds, and expressed hope that they are not included in the budget cuts . 12 September 17 , 1991 BUDGET There were no further comments from the audience and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. Mayor Kelleher noted that there will be further public hearings on the 1992 budget. FINANCE _Approval of Bills. Approval of payment of the bills received through September 16, 1991 after auditing by the Operations Committee at its meet- ing at 4 : 45 p.m. on September 24 , 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 9/1-9/16/91 109418-109886 $2 , 590, 246. 39 Approval of checks issued for payroll : Date Check Numbers Amount 9/20/91 01161001-01161709 $ 630, 606 . 05 REPORTS Planning Committee. Johnson noted that two items concerning regional issues will soon come before the Council . The first item deals with full time staffing for the Suburban Cities Association, and the second with taking a position on the King County-Metro merger. Public Safety Committee. Mann announced that the Public Safety Committee will meet on Thursday, September 19th at 1: 00 p.m. , and will be discus- sing a comprehensive bike policy. He noted that there will be several outside speakers and invited anyone interested to attend. Administration Reports. Lubovich drew the Coun- cil ' s attention to an opinion enclosed in the packet regarding campaign signs on public rights- of-way. ADJOURNMENT The meeting was adjourned at 9 : 00 p.m. Brenda Jacober, MC Deputy City qle k 13