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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/21/1995 Kent, Washington November 21, 1995 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann, Orr and Woods, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Parks Director Hodgson, Finance Division Director Miller. Approxi- mately 120 people were at the meeting. PUBLIC Paul Mann Month. Mayor White read a proclama- COMMUNICATIONS tion declaring the month of December, 1995 as Paul Mann Month in the City of Kent, and he urged all citizens in the City to join in thanking Mr. Mann for his dedicated service. He then presented the proclamation to Mr. Mann. Mr. Mann said he is deeply humbled and grateful for the honor bestowed upon him. He expressed appreciation to all City staff and noted that the City of Kent is fortunate to have men and women of integrity who want the best for the citizens of Kent. He said it has been an honor to serve with the present Councilmembers, and that his legacy for the City of Kent is his vision for the future as seen through the youth. He challenged the Council to not lose its focus on the youth, and said that serving the youth is a distinct honor as well as essential for the health and well-being of the community. He expressed his hope that the Council will continue to work for a skateboard park and ultimately a fully functional facility for the youth, which will provide a safe place for after school hours. He also noted that he hopes the Council will continue to give special con- sideration to the seniors of our City to insure for them the standard of living they deserve. He expressed hope that the Council will continue to demonstrate compassion by working with the various agencies who address the human service needs of the community. Mr. Mann then introduced his family, and said that it has been an honor to serve the City of Kent over the past eight years and a privilege to serve with the Council. Mayor White invited citizens and staff to join the Council for a reception in honor ofnitheber Mann at 6:30 p.m. , December 12th, prior to Council meeting, in the lobby of City Hall. 1 November 21, 1995 PUBLIC Chamber of Commerce Presentation. Barbara Ivanov, COMMUNICATIONS Executive Director of the Kent Chamber of Commerce, thanked the Mayor and Council for their support of the Asia-Pacific Trade Exchange which was held on November 1st and 2nd. She gave a brief preliminary report, noting that all the companies involved did better than ever and that eight companies have reported back with over $6 million in deals generated over those two days. She noted that the number of U. S. exhibitors grew from 34 to 48 this year, the sponsor groups grew from 14 to 25, and that the APEC economies in- volved, including the United States, grew from 5 to 7 . She again thanked the Council for their support, presence, initiation of the ribbon- cutting of the new foreign trade zone at Alexander Trading Company, and greeting all of the guests. She noted that the Mayor had won a very pres- tigious award given by the Green River Community College in support of international trade rela- tions, and the sister city relationships that everyone has contributed toward. Ms. Ivanov then introduced Rod Cannon, President of the Chamber of Commerce, and Tom Wood, Treasurer. Mr. Cannon noted that the volunteers are important to the Chamber and that Christi Houser has been chosen as the Volunteer of the Month for November, 1995 by the Kent Chamber of Commerce and the Board of Directors for her efforts on behalf of the Asian-Pacific Trade Exchange and her work in the Philippines. He then presented Ms. Houser with a plaque. Mayor White explained that Ms. Houser has been involved with the City's establishment of foreign trade as one of its primary commercial interests, and that she has been involved with it since the very beginning. He noted that encouragement of foreign trade is becoming a big part of the local economy and that it is working very well. He then thanked Ms. Houser for her help. Regional Justice Center Update. Captain Tom Brown distributed copies of the executive summary for the month of October, which outlines the 120-day schedule for the construction project between 4th Avenue, James Street, Smith Street, and the 2 November 21, 1995 PUBLIC railroad tracks. He noted that the construction COMMUNICATIONS project is on time, the work is on time, that they have just approved the final construction sched- ule, and that the budget remains on track. He noted that there have been 67 potential change orders to the project, with 29 of them negotiated with the contractor and that the net result of these change items is still showing a credit for King County on the life of this project. He explained that the structural steel has been put in south of the project and that they are up to the fifth level of structural steel in the courthouse area. He also explained that all of the slab work that is being done in the detention area has been expanded all the way down to the southern most portion of the project and that they are now on the second tier of the mezzanine level of the detention area with three housing units poured in place. Mayor White thanked Captain Brown for the update and noted that King County is making good progress with this project. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR N be approved, with the exception of Item 3D, which was moved to Other Business as Item 4G. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) ADDroval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 7, 1995, with the following correction to Item 3B: Check numbers 206785-207018 Should read 206785-207108 STREETS (CONSENT CALENDAR - ITEM 3H) S. 196th Street Corridor - UPRR Crossing - Grant. AUTHORIZATION for the Mayor to sign the grant agreement with Washington State Department of Transportation for improvement to an existing UPRR spur crossing at S. 196th Street, to accept the grant for same and to establish a budget in the amount of $127, 350, as recommended by the Public Works Committee. The railroad company will be providing all necessary matching funds. 3 November 21, 1995 TRAFFIC (CONSENT CALENDAR - ITEM 3I) CONTROL Metro Grant. AUTHORIZATION for the Mayor to sign the grant agreement with Metro for ADA accessible improvements at bus stops, to accept the Metro pass through grant funds of $81, 000 and Metro's local match thereto of $26, 000 and establish a budget in the amount of $120, 000 for project expenditures, as recommended by the Public Works Committee. The City' s match for this grant will be $13, 000 for which funds exist in the Shuttle Bus project fund. (CONSENT CALENDAR - ITEM 3M) James Street Traffic Safety Issue. AUTHORIZATION for the Public Works Department to investigate alternatives to enhance traffic safety along James Street from Central Avenue to 100th Avenue and to limit the investigation to only those alternatives that are financially possible (not to exceed $2 million dollars) , as recommended by the Public Works Committee, due to the existing heavy traffic on James Street which presents traffic concerns. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3G) Surplus Vehicles. AUTHORIZATION to declare cer- tain Equipment Rental vehicles no longer needed by the City as surplus and authorize that they be sold at the State of Washington auction, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3L) Building Demolition - Accept as COmDlete. ACCEPT as complete the contract with Building Busters, inc. for the Building Demolition project and release of retainage after state releases, as recommended by the Public Works Director. The original contract was $78, 648.42 . The final construction was $78, 648.42 . SOLID WASTE (CONSENT CALENDAR - ITEM 3C) Residential Solid Waste Self Haul Charges, Meridian Annexation Area. ADOPTION of Ordinance No. 3253 amending the City Code Section refer- encing Garbage Collection by a collection company to allow residential self-haul without the man- dated service charge in areas that annex to the City after the effective date of this ordinance, as recommended by the Public Works Committee. 4 November 21, 1995 SOLID WASTE Said self-haul provision would expire upon either the City's contracting hauler taking over service of the area or five years after annexation, which- ever occurs first. SEWERS (OTHER BUSINESS - ITEM 4A) Metro Sewer Rate Increase. The City was advised by Metro in June of this year that their service per residential unit will be increased from $17.95 to $19. 10. This $1. 15 increase will become effec- tive January 1, 1996. It has been recommended by the Public Works Committee that this increase be passed along to our customers, including the corresponding utility tax that the additional $1. 15 increase would generate, and thatsarate ordinance be adopted, passing o increase with the effective date of the rate being January 1, 1996 . MANN MOVED to adopt Ordinance No. 3250 passing on Metro's rate increase, including the corresponding utility tax thereon, with the effective date of the rate being January 1, 1996. Woods seconded. Bennett said this is another tax increase and he is opposed to it. Mayor White stated that this is a rate increase for service provided to the citizens of Kent by Metro. Johnson noted that this is the result of a Federal mandate and that it is for the good of the community. Upon Orr's question, Wickstrom explained that the City will be billed by Metro whether the increase is passed on or not. It was noted that if the increase is not taken from the sewer rates, it would be taken from other City funds. The motion to adopt Ordinance 3250 then carried with Bennett opposed. IMPACT FEES (OTHER BUSINESS - ITEM 4D) School Impact Fees. The proposed ordinance relates to school impact fees; establishes a framework for the adoption of a school impact fee program by the City; requires the execution of an interlocal agreement between the City and any school district located in the City and requests to participate in the school impact fee program; provides for the adoption of the School District's Capital Facilities Plan; allows collection of school impact fees by the City on new development impacting schools; provides the formula for fee 5 November 21, 1995 IMPACT FEES calculation and a fee schedule; describes the procedures for credit, appeals, and refunds; all as authorized by the Growth Management Act and Chapter 82 .02 RCW; amends Title 12 of the Kent City Code by adding a new Chapter 12 . 13; and sets an effective date. The City Attorney explained that the ordinance applies to residential development, that it pro- vides for certain exemptions for temporary and transitional housing, as well as certain housing for the elderly and rebuilding of destroyed housing due to catastrophes. He noted that it exempts apartments converted into condominiums and developments where school impacts have previously been mitigated. He noted that an interlocal agreement is required, and that the School District must submit to the City annually its Capital Facilities Plan which will then become, if adopted by the City Council, a part of the City's Capital Facilities Plan. He said the District must also provide annually enrollment projections, standards for service, future capacity and an inventory of existing capacity, and it must account for funding received and how the fees are spent. Lubovich noted that the fee is based on new development based on the Capital Facilities Plan, and that a formula and schedule of fees are included. He pointed out that those fees are not necessarily the fees which will be in effect at the time the ordinance is adopted, and that the fee would be adopted by a separate ordinance after submission of the Capital Facilities Plan. He said the ordinance proposed tonight simply establishes the framework for the fees and the annual fee analysis. He explained that all fees would have to be paid before the issuance of a building permit. City Attorney Lubovich explained that the resolu- tion proposed deals with a low income housing analysis as it applies to the school impact fees. The City Council would have a six month period to review the issue. ORR noted that the Planning Committee has dis- cussed this issue and recommended it unanimously, and that since that time she has received a great 6 November 21, 1995 IMPACT FEES deal of information from individuals and MOVED that the Council accept input from those present tonight and that a Council workshop or public hearing be set up in the future. Woods seconded and the motion carried. Pete Gomes noted that people move to the City of Kent because of the school district, and that impact fees are devastating to affordable housing. He urged the Council to study this issue further. Scott Floyd said he would pay an impact fee to develop, and noted that the Kent School District is the fourth largest in the state. He explained that the District was receiving $3 . 2 million in mitigation fees from the County. He asked the Council to keep the quality of the District where it is by supporting mitigation fees. Ken Peckham, Schneider Homes, 6510 Southcenter Boulevard, encouraged the Council to hold workshops with developers in order to arrive at a solution to this situation. He said imposing fees may force developers to move out of the area, and that developers cannot provide affordable housing due to fees. Brien Stafford, Stafford Homes, said that mitigation fees affect people who do not have a voice since they have not yet moved here. He said mitigation fees for sewer, water, parks, transportation and schools make affordable housing impossible, which makes the city unavailable for young families. John Cochenour, Lexington Fine Homes, Vice President of Master Builders Association, spoke in opposition to the imple- mentation of impact fees, noting that it is unfair to impose a significant premium on people buying a new home and not on people living in existing homes. He stated that when the price of new homes goes up, the price of all homes goes up. He ex- pressed appreciation for the opportunity to speak, and said that Florida has backed off from impact fees because of the impact on their society. Jerry Fitz, Seattle King County Association of Realtors, agreed that impact fees curtail affordable housing and asked that a complete analysis be done. Jim Hager, Superintendent of the Kent School District, encouraged the Council to hold a work- shop, noting that there are many complicated issues involved. He stated that 84 students are 7 November 21, 1995 IMPACT FEES generated by each 100 new single family homes. He pointed out that as a result of the Meridian Annexation, the District will lose approximately $3.2 million in mitigation fees which would go to enhancing capital facilities within the district. He explained that in addition, the city requires other costs which were exempted by the county. He noted that the district cannot fix fees. He ex- pressed the desire to work with the Council on this issue to determine how to pay for facilities as the population increases. Cass Brotherton, 26805 148th Avenue SE, stated that they bought homes in this area because they were in the Kent school district, and that education is a critical element of where people choose to live. Connie Baesman, 10206 S.E. 224th, commended the Kent School District, and said most developers want to help meet the needs and concerns of citizens. She voiced concern about the possible loss of miti- gation fees in regard to the annexation, and urged the Council to help the school district. Carol Cason, 23240 88th Avenue South, Apt RR201, stated that housing is too expensive and schools in other locations pay less per student and students receive a better education. She said the school district should be more accountable. Gary Young, Polygon Northwest Company, 4030 Lake Washington Boulevard NE, Suite 201, Kirkland, commended the Council for revisiting this issue tonight and urged them to hold a workshop. He said they sympathize with the school district, and that they are committed to building homes that are afford- ably priced. He said that a $1, 000 increase in the cost of a home is significant and sends people to other communities. He said they are glad to participate in helping to arrive at a fair and equitable way to meet the needs of the school district and those who need affordable housing. Grace Yuan, legal counsel for the school district, stated that impact fee programs work well to help build facilities to serve new growth. She pointed out that the benefits of the program go to the taxpayers of the city, and that if development does not contribute a fair share, the taxpayers will have to pay for the schools. She asked that a public hearing be held so that a school impact fee can be implemented in the City. Bill Dinsdale, 13700 S.E. 266th, said consideration 8 November 21, 1995 IMPACT FEES must be given to what kind of impact the miti- gation fees are making on the average home owner. He said that with mitigation fees on water systems, parks, roads, and schools, as well as permit fees, $20, 000 can be added to the cost of a house, making it out of reach to some. Councilmember Orr recommended that a workshop and/or public hearing be held, and expressed concern about the timing. She pointed out that in 1991 the Impact Fees Committee recommended that impact fees be adopted. She noted that the issue has been discussed by the Planning Committee repeatedly. She reiterated that as of January 1, 1996, the ability to collect fees in the annexa- tion may be lost. She expressed concern about an influx of permit applications in an effort to avoid the fee. Lubovich noted for Houser that the ordinance would become effective 30 days after final passage. Orr recommended holding a workshop before the Council meeting of December 12th. The City Attorney noted that if the intent is to have the ordinance in effect by the time the annexation takes place, it would have to be adopted this month. Clark asked about a moratorium on the issuance of permits pending adoption of an impact fee, and noted that if this took place on December 12, the dates impacted would be between January 2 and January 12 . Lubovich said that the issue of a moratorium could be considered and could be passed immediately, as long as there is a hearing subsequent to that. WOODS MOVED to hold a public hearing on the issue of school impact fees on December 12 . Orr seconded. Orr suggested holding a workshop prior to the hearing so that they have the necessary information to make a decision on December 12. Mayor White suggested holding a workshop at 7 : 00 p.m. on Tuesday, December 5th. All agreed. The City Attorney said he will determine whether the ordinance could be subject to a 5-day enact- ment period. Mayor White pointed out that public input is not taken at a workshop, but will be taken at the public hearing. Representatives from the School District and from the Master Builders offered to have staff available to provide information at the workshop. There was no 9 November 21, 1995 IMPACT FEES objection from Council. The motion to hold the workshop on December 5th and the public hearing on December 12th then carried. WOODS MOVED to make the letters received on this issue a part of the record. Orr seconded and the motion carried. ZONING CODE (OTHER BUSINESS - ITEM 4G) AMENDMENTS (REMOVED FROM CONSENT CALENDAR ITEM 3D) Accessory Housing Zoning Code Amendment ZCA-95-3. Mayor White noted that adoption of the proposed ordinance would amend Chapter 15.02 of the Zoning Code to include a definition of "Accessory Dwelling Units", amend Chapter 15. 04 to allow accessory dwelling units in single family dwellings, amend Chapter 15. 05 to establish parking requirements for accessory dwelling units, and add a new section 15. 08. 350 to establish regulations for accessory dwelling units. Councilmember Orr outlined revisions to the pro- posed ordinance as follows: Page 35, add Item 3 , Accessory Dwelling Units Page 36, delete Item 9, Accessory Dwelling Units Page 39, add the following to the last sentence of Item 4: pursuant to Section 106 of the Uniform Building Code and as subsequently amended or recodified" Page 41, change effective date from five days to thirty days. Orr explained that adding Accessory Dwelling Units to page 35 allows Accessory Dwelling Units in the Professional and Office District, and removing it from page 36 removes it from the Conditional Use list. ORR THEN MOVED to adopt Ordinance 3251, as just amended, which amends Chapter 15. 02 or the Zoning Code to include a definition of "Accessory Dwelling Units", amends Chapter 15. 04 to allow accessory dwelling units in single family dwell- ings, amends Chapter 15. 05 to establish parking requirements for accessory dwelling units, and adds a new Section 15. 08. 350 to establish regula- tions for accessory dwelling units. Johnson seconded and the motion carried. 10 November 21, 1995 ZONING CODE (CONSENT CALENDAR - ITEM 3E) AMENDMENTS M1-C Zoning Code Amendm®nt ZCA-95-10. ADOPTION of Ordinance No. 3254 amending the M1-C Zoning District. After review of a proposed zoning code amendment to the M1-C zone at a public hearing before the Planning Commission on October 23 , 1995, the Commission approved an amendment to Section 15. 04. 170 to allow drive-in and drive- through eating establishments in the M1-C zone, and to reduce the minimum lot size for land in the M1-C zone to 10, 000 sq. feet. (OTHER BUSINESS - ITEM 4F) Single -Family Residential Development Standards Zoning Code Amendment ZCA-95-8. On June 26, 1995, the Planning Commission made a recommendation to the City Council to adopt Single Family Residen- tial Development Standards. This item was sent to the City Council on October 3, 1995. At that time, the Council requested that this item be sent to the City Council Planning Committee for dis- cussion. The Committee reviewed the item on October 17, and November 7 , 1995. The Zoning Code Amendment is proposed to implement the goals and policies of the adopted Kent Comprehensive Plan. Orr suggested that the following revised language be incorporated: "Proposed front yards less than twenty feet in depth are subject to approval by the Planning Director based on review and recommendation from the Public Works Department relative to the existing and future traffic volumes and right of way requirements as specified in the City of Kent Comprehensive Transportation Plan and City of Kent Construction Standards. " SHE THEN MOVED to approve the Zoning Code Amend- ment, as amended, on Single Family Residential Development Standards (ZCA-95-8) per Commission and City Council Planning Committee recommendations, and to direct the City Attorney to prepare the necessary ordinance. Woods seconded. It was clarified that the motion in- cludes the suggested revised wording. The motion then carried. 11 November 21, 1995 ZONING MAP (CONSENT CALENDAR - ITEM 3F) AMENDMENT Comprehensive Plan Implementation Zoning Map Amendment, Phase 1, East Hill CPA-95-1. ADOPTION of Ordinance No. 3255 amending the zoning map to implement the Land Use Plan Map of the Kent Comprehensive Plan. FINAL PLAT (OTHER BUSINESS - ITEM 4B) Top of the Hill Final Plat FSU-94-2 . The Top of the Hill Final Plat is 8 . 74 acres in size and is located on the north side of S.E. 244th Street, approximately 600 feet west of 104th Avenue S.E. The Council approved the Top of the Hill pre- liminary plat on September 20, 1994. Upon Orr's question, it was clarified that al- though the minutes of the City Council meeting of September 20, 1994 mention nineteen conditions, there are eighteen. ORR MOVED to approve the staff' s recommendation of approval for the Top of the Hill Final Plat with eighteen (18) conditions, and to authorize the Mayor to sign the final plat mylar. Houser seconded. Orr noted that a decision has not yet been made as to whether S.E. 244th Street would be open or closed, and asked whether acceptance of this final plat would jeopardize the Council's ability to close that street if that is what they decide to do. Wickstrom noted that the Council can close any street at any time. Orr thanked the staff for working with the developer during the past two weeks. The motion then carried. REZONE (OTHER BUSINESS - ITEM 4C) West Hill Plaza Rezone RZ-95-2. The Hearing Examiner has recommended approval of an appli- cation by Harmit S. Lamba to rezone an area from the current zoning NCC, Neighborhood Convenience Commercial, to CC, Community Commercial. The property is located at 24606 - 24700 Military Road S. ORR MOVED to accept the Findings of the Hearing Examiner, and to adopt the Hearing Examiner' s recommendation of approval of the West Hill Plaza Rezone No. RZ-95-2 , and to direct the City Attorney to prepare the necessary ordinance. Houser seconded and the motion carried. 12 November 21, 1995 ANNEXATION (PUBLIC HEARINGS - ITEM 2A) ZONING & COMP Meridian Annexation Area Com rehensive Plan PLAN AMENDMENTS Amendments CPA-95-I and Initial Zoning AS-95-3. On September 25 and 26, 1995, the Planning Commission held public hearings on both thefor comprehensive plan and zoning map amendments the Meridian annexation area. Following their deliberations on October 2, 1995, the Commission forwarded their recommendation to the City Council. Tonight's meeting is the second of two public hearings pursuant to state law. The Council's first hearing was held October 17 , 1995. The Council is asked to adopt two ordinances; one for the Comprehensive Plan amendment #CPA-95-1 and one for the initial zoning for the Meridian Annexation area #AZ-95-3 . City Attorney Lubovich noted that the enactment date in the ordinances needs to be changed to make it effective January 1, 1996, which is the effec- tive date of the annexation. He also noted that a zoning map which was distributed to the Council tonight was not included in the zoning ordinance in the Council packet and needs to be added. Council President Woods noted that several letters were received concerning the comprehensive plan amendments and initial zoning. SHE THEN MOVED to make these letters a part of the public record. Orr seconded and the motion carried. Mayor White opened the public hearing. Francis Leever, 27320 - 154th Avenue S.E. , noted that his neighborhood is a stable area with the zoning of one unit per acre since 1972 or earlier, and he sees no reason why it should be changed. He noted that the King County Tax office informed him that if his property were designated from 1-3 units per acre, the taxes would go up. He strongly sug- gested that this item not be approved at this time. Mr. Robert Casey, Attorney for Theodora Kendall who owns property at 27614 - 156th Avenue S.E. , noted that Ms. Kendall' s property is an 18 acre parcel abutting Highway 18 and 156th Street. He explained that the request to Council is for Ms. Kendall's property to be zoned R1-7 .2 because 13 November 21, 1995 ANNEXATION a large portion of the property (approximately ZONING & COMP 13 1/2 acres) is currently being condemned by the PLAN AMENDMENTS State of Washington for wetland mitigation pur- poses and for stormwater treatment, and if the higher density is not allowed for this property, it will cause some real problems for Ms. Kendall. He also explained that until two weeks ago it was their understanding that the property, upon the rezone, would be zoned 4-12 units per acre as the Comprehensive Plan indicated. He said he had asked the Planning Department to give him notice of any zoning changes for the area but that his name was not included on the mailing matrix con- cerning this change and apologized to the Council for the late request. Kim Kircher, 27614 - 132nd Avenue SE, said that they didn't know about the rezoning for this area until last week. She expressed concern that their property may have two different zonings which will need to be addressed before adoption of the zoning. She showed on a map where her property is located and noted that the property is the first piece of undeveloped property south of the intersection of Kent-Kangley and 132nd Ave. Ms. Kircher pointed out that their property is next to the Lake Meridian Marketplace Shopping Center, the Springwood County Housing Apartments, and the Country Glen Apartments to the north. She explained that the properties to the south and east are proposed zoning R1-7 .2 and that their property is at the edge of a highly developed area. She noted for the Council that their tax lot consists of Lot 17 and part of Lot 20 which has two different zonings applied to it. She explained that Lot 17 i proposed zto beRzone2 R1-9. 6, and Lot 20 is proposed e which could cause some confusion later. Ms. Kirscher noted that the Planning Committee needs to look and see that the zoning boundary is adjusted to meet Kent City standards which means that Lot 20 would have to be split into two different zonings for tax ID numbers. She suggested that a better option would be to change the proposed zoning of Lot 17 to R1-7.2 because this would get around the confusion of the past lot adjustment. She requested that consideration be given to changing all the zoning in their area proposed for R1-9. 6 to match the surrounding R1- 7 . 2 zoning; and to look at Lot 17 and part of 14 November 21, 1995 ANNEXATION Lot 20 to make sure that the proposed zoning for ZONING & COMP the tax lot has consistency. Philip Fortunato, PLAN AMENDMENTS 27842 - 132nd Avenue S.E. , noted that the higher density zoning currently stops at S.E. 278th, on the east side of 132nd Avenue, and that he is requesting the Council to consider lowering that to the south by two blocks which would put it on his south property line at the S.E. 280th private road. He also requested that the Council consider giving him 7200 sq. ft. lots. He explained that his property is the last piece of undeveloped pro- perty in that area with houses all around, and that he has two tax lots, which is a house on 3/4 acres and the adjoining 6. 1 acre lot which together make a rectangular shape. He further explained that the easternmost boundary of that rectangle is undevelopable because of a wetland area, so he will probably lose approximately 1-1/2 acres of the 7 acres. He said this would be con- sistent with a proposed cluster zoning or lot averaging that the Council is considering. He noted that his property is the last one on 132nd to have an approved City of Kent sewer plan and that the people to the south couldn't develop until the sewer is more enhanced. He again requested that the Council consider moving the zoning to the south by two blocks to S.E. 280th private road and encompass his tax lot. Elmira Forner, 14420 S.E. 288th, noted that her property has recently been annexed into the City of Kent and that she supports the annexation efforts because Kent has a reputation of being a well-governed city. She also noted that many hours had been spent over the last year coordinat- ing with King County to establish zoning densities for this area and that King County's recommenda- tion is that this area be zoned R6-P which is the equivalent of the R1-7.2 on the City of Kent's maps. She explained that this zoning meets all of the criteria in the Growth Management Act, and the goals and objectives of the King County Comprehen- sive Plan to encourage higher density, affordable single-family housing within the urban growth areas and within the City limits. She also noted that the R6-P zoning is consistent with the State Growth Management Mandate that growth shall occur where public facilities are available or are a 15 November 21, 1995 ANNEXATION high priority for future planning. Ms. Forner ZONING & COMP explained that they have recently been annexed PLAN AMENDMENTS into the King County Water District #111 service area and that there are sewers available within 1/4 of a mile. She noted that a letter was sent last week to Councilmember Leona Orr, Chairperson of the Planning Committee, requesting that Kent retain the zoning that was proposed by King County and that copies of the letter were sent to the other two members of the committee also. She noted that the purpose of the Comprehensive Growth Management Act was to stop sprawl into the rural areas and create higher densities in the cities and urban growth areas reducing the escalating costs of providing services and preserving the rural environment. She again requested that the City Council keep this area in the zoning density of R6-P or R1-7 .2 of the Kent Zoning as recom- mended by the King County Council. Edward Pawlowski, 27727 - 106th S.E. , requested that his area not be disturbed. Marie Lewis, 25840-135th Lane S.E. , noted that she would like to have a higher density in her area. Linda Bushaw, 24436 - 116th Avenue S.E. , noted that she is a co-owner together with Lawrence Noland of property which is located directly across from the Fire Training Center and that they are requesting that the property be zoned commercial. Dean Wilson, 27234 - 154th Avenue S.E. , noted that he appreciates the fact that this area is now being annexed into the City of Kent. He explained that his property is located one block to the south of Kent-Kangley Road on 154th which is a very jagged zone of commercial and single-family residences that have created problems in the past. He re- quested that the Council either block zone the area or declare it a single-family residence and remove the people who are causing problems, making a mess, and creating a morally disgusting envi- ronment for the rest of the neighbors. Bill Dinsdale, 13700 S.E. 266th, noted that the pro- perty he owns on the corner of 120th & 240th is adjacent to the commercial zoning that was pre- viously mentioned. He noted that it is currently zoned 7200 sq. ft. lots within King County, and he requested that it be considered for the 5000 sq. ft. lot zoning. He explained that it would make a 16 November 21, 1995 ANNEXATION logical transition because 240th will some day be ZONING & COMP widened to five lanes, noting that he has already PLAN AMENDMENTS been talked to about acquiring some of his pro- perty for that widening. He noted that there are sewers and water already up to the edge of his property so it seems logical to go from commercial and multi-family to 5, 000 sq ft lots. He ex- plained that there are some restrictions on the property because it won't serve the lower part of the property so that part would not be developable with the current sewer availability and could cause the probable clustering up at the top of the property. Sam Voss, 14610 SE 266th Street, ex- plained that he is an old friend of Mr. Pawlowski and some of the responses to Mr. Pawlowski's com- ments in the Planning Committee meetings bothered him. He noted that Mr. Pawlowski's lot has been zoned one house per five acres by King County but when it was annexed into the City it was zoned two houses per acre because the previous year an adjacent property was so zoned. He also explained that when you have such a large increase in land in terms of percentage, no consideration is given to the possibility of needing new zoning cate- gories, especially when large rural areas are brought in to the City. He emphasized that he is more concerned about the attitude rather than the actual response to this case. Brenda Houston, granddaughter to Frances Houston who lives at 15304 SE 273rd Place, spoke on behalf of her grandmother explaining that they have letters from seven neighbors who live in the immediate area and a petition signed by more than 50 people in the whole surrounding area. She noted that she is requesting, on behalf of her grandmother as well as the other neighbors, that this area be kept single-family zoning because there are many retired folks and children in the area and it is a nice community. She noted that if the area were zoned commercial, children would have to change schools. She requested the Council not to zone this area commercial. Gary Widener, 27220 - 154th Avenue SE, noted that he had been to the Council several times asking about rezoning. He explained that at the first Planning Committee meeting and Council meeting he was requesting that Option One be squared off which is Lot 16, the Walton lot, and the Wilson lot, and that these three parcels 17 November 21, 1995 ANNEXATION be rezoned to accommodate some type of development ZONING & COMP that is going to work out for the community in- PLAN AMENDMENTS cluding Lake Wilderness and abroad. Mr. Widener noted that he has come up with an Option Two for consideration because at the last Council meeting the first lot was rezoned commercial. He further noted that that property has a narrow depth to it and that the owner will not be able to get any- thing realistic on it. He explained that Option Two will incorporate Lot 16 so that there will be some type of availability for a small commercial property. Nila Farrell, 15415 SE 275th Street, requested that Council, when considering the zoning for this area, take a drive out to her neighborhood to see how lovely it is, and to leave it zoned single- family. She noted that progress is happening and must come but that she would like to see it done in a more orderly way. Roxanne Olin, 15304 SE 273rd Place, noted that she has lived in this neighborhood for 34 years and that it is a good area to raise children. She requested that it be kept single-family residential and not zoned com- mercial. Dean Conti, 12633 SE 270th, reiterated his plan for this property to be zoned Office Professional so that they can put a small pro- fessional office building in the area and then do a deed or purchase for a park in the wetlands area which will give a buffer for the wetland streams as required. He noted that the Planning Commis- sion has accepted his proposal and that this proposal will minimize the density of any con- struction that will occur on this property as opposed to housing. Janice Haeseler noted that she lives in the same neighborhood as Frances Houston and has lived there for 38 years. She expressed that they do not want commercial business on Kent-Kangley because it might cause more traffic and problems for their area. Gar Stewart, 26620 - 127th Avenue SE, requested the Council make an open space where the County has built a wetlands retention pond because it would provide a good buffer between commercial and housing. Ken Sturgis, 15224 SE 275th, noted that much work has been done previously with the Soos Creek Comprehensive Plan which was zoned R6-P and that they would like to keep it that way. He said 18 November 21, 1995 ANNEXATION that it took many years to get this type of zoning ZONING & COMP and that commercial zoning would not be to their PLAN AMENDMENTS benefit. Upon Mayor White's question, Mr. Sturgis clarified that he had received a letter today from King County that encouraged the residences to come and listen to a zoning process in the same area being discussed tonight. Gary Widener, noted that the two pictures he submitted earlier with the letters show what type of commercial is already there. He noted that he's been receiving letters from the Water Department saying that the water system is inadequate and that a new one will have to be installed in that area because of growth. He explained that big mains would be put in by commercial, which would benefit the existing neighborhood. There were no further comments and ORR MOVED to close the public hearing. Houser seconded and the motion carried. Orr then requested that anyone who submitted materials to the Council and not to the City Clerk do so now. ORR MOVED that all correspondence received tonight be made a part of the public record. Woods seconded and the motion carried. ORR MOVED to bring this item back to the City Council for action on December 12, 1995, as an Other Business item, and that no public testimony be taken at that time since the public hearing has been closed. She requested staff analysis of the requests that have been received and any impacts that those requests might have in the overall con- text of the entire Meridian Annexation, so that Council will have some way to judge what each of these individual requests means, and perhaps bring back recommendations for Council to deliberate on on December 12th. Woods seconded and the motion to bring this item back on December 12 with staff recommendations based on tonight's input then carried. PLANNING (OTHER BUSINESS - 4H) COMMISSION (ADDED BY COUNCILMEMBER ORR) Planning commission. Councilmember Orr noted that at the Planning Committee meeting of this date, it was recommended that an ordinance be brought before the full Council tonight. SHE MOVED to adopt Ordinance No. 3252 repealing Chapter 2 .56 of 19 November 21, 1995 PLANNING the Kent City Code relating to the Planning COMMISSION Commission and further amending Chapter 2. 30 of the Kent City Code establishing a Land Use and Planning Board as part of the Planning Agency of the City of Kent. Mann seconded. Orr explained that four Planning Commissioners had resigned over the weekend, effective immediately. She said the Planning Commission has been an area of concern for some time, that issues have come out with no recommendation, and that there have been complaints from citizens. She opined that this may be a good time to investigate the possi- bility of making some changes. She explained that current duties of the Commission would be turned over to the Planning Committee for the short term. She expressed concern about a balanced representa- tion from all areas of the city, a code of conduct for commissioners, an appropriate term, reversal of Council decisions, and whether or not the Council should confirm members and if so, the ability to remove members from the appointment. Bennett said it is the Mayor's role to shape the City, and spoke against changing the rules at this time. He suggested continuing with the five remaining members or making appointments to fill the vacancies. Houser agreed that this is a good time to consider revamping the Commission, which has been under consideration for many months. The Mayor noted that it has not been discussed with his office. Johnson said that under the previous administration, he had attempted to set down rules and procedures, and agreed that this is a good time to relook at the issue. Bennett pointed out that the Board of Adjustment was abolished earlier this year, and that it was one of the few avenues for citizens who felt they were treated unfairly. Orr explained that this is not intended to do away with a citizen input group. She said that nine members may be exces- sive and encouraged any person currently on the Planning Commission and anyone who would like to be on the Commission to turn their name in to the Mayor's Office. Bennett suggested continuing with the current five members and discussing the matter at the Council retreat in March. 20 November 21, 1995 PLANNING Orr read into the record a letter from Robert C. COMMISSION MacIssac regarding the dissolving of the Planning Commission. She clarified an error in the letter, noting that the Planning Committee was referred the adult housing issue from the Council meeting of April 18, 1995, but that the Planning Committee did not see it until May, and that that issue will be brought to the Council on December 12th. Council agreed to take public input on this issue. Kenneth Dozier, 15458 S.E. 272nd Street, Planning Commission member, read a letter commending Russ Stringham for his efforts on the Planning Commis- sion. WOODS MOVED to make the letter a part of the record. Orr seconded and the motion carried. Dave Mortenson, 21737 96th Place South, spoke in opposition to eliminating the Planning Commission, noting that there should not be even a short time when citizens do not have a place to take their concerns. He noted that it takes a long time to understand the complexities of planning issues, and that changes can be made later. He said eliminating the Commission gives the impression that there are other motives, because logic is lacking. Dick Garrett, 1720 Maple Lane #21, recommended that if changes are to be made for the benefit of citizens, that a bi-partisan committee be formed. Wade Davis, 26414 Eton Court, agreed that there is no logic in disbanding the Commission. He said that it is interesting that this step is being taken after an election where the Council President was opposed by one of the prominent members still on the Planning Commission, and asked if this could be a form of political retribution against a Commission member. Davis also stated that the motion to dissolve the Commission may be because there is too much debate or disagreement between the members, and stated that debate is good. He noted that it is diffi- cult to make an informed decision without hearing the best of both sides. Wayne Thurinaer, 858 1st Avenue North, said it is deplorable that four members of the Commission have been made to feel they have no more input. He said there is merit to disbanding the Commission and restructuring it with some direction. He said that everyone has the right to dissent, but that it also entails some responsibility to work in a spirit of 21 November 21, 1995 PLANNING cooperation. Janette Nuss, 26220 42nd South, said COMMISSION that the decision of those who resigned from the Commission has nothing to do with any Council race that took place, or any Council members, but with two years of problems that have taken place. She stated that the resignations were their choice, and that they did not receive pressure from anyone to resign. She said the decision was made in the best interest of the community at large. Russ Stringham, 524 W. Meeker, said that an article in the newspaper called the Commission a dysfunc- tional panel. He said the Commission debates the issues in detail in full view of the public, and they frequently disagree, which is their function. He explained that they do not make decisions beforehand, and that they address issues that are new to them. He pointed out that they do not have the benefit of a committee system to work out details. Stringham spoke about a zoning recom- mendation involving multi units at 248th and 104th, noting that no member of the public at the hearing that night objected. He said the zoning recommendation passed the Planning Commission 9-0, but that the newspaper article indicated other- wise. Stringham pointed out that the terms of two of the members who resigned expire at the end of this year and they had already said they do not anticipate reappointment. He also noted that the adult entertainment issue was rejected 7-2 by the Commission, and that they did not ask that it go to Council, but were directed by staff to send a prepared letter to Council asking them to take over the issue. He noted that cluster housing zoning is a very complicated issue which has a dramatic impact on long term development patterns in the city. He said that after extensive debate, the reason the Commission could not arrive at a recommendation was that the Chair abstained from voting. Bill Dinsdale, 13700 S.E. 266th, said that the way to address the problems with the Planning Commission is to make modifications or change the rules, not just the name. He said it appears that there is some ulterior motive, such as getting rid of someone on the Commission, and that that should be done through the proper process. 22 November 21, 1995 PLANNING Orr stated that this is not in any way a form of COMMISSION retribution against any Commission member, and that it came about because there have been pro- blems and discussions about reorganizing. She reiterated that any Commission member who wants to reapply is encouraged to do so. Mayor White recognized that this is a policy issue, which is the responsibility of Council, and said he will respect Councils wishes and try to find a way to receive public input. The motion to adopt Ordinance 3252 then carried with Bennett opposed. STREAM BUFFER (CONSENT CALENDAR - ITEM 3N) REQUIREMENTS (ADDED BY COUNCILMEMBER ORR) Stream Buffer Requirements. AUTHORIZATION to set December 12, 1995, as the date for a public hearing on the stream buffer requirements in the Meridian Annexation Area. PARKS & (CONSENT CALENDAR - ITEM 3J) RECREATION Asbestos Removal Project. ACCEPTANCE of asbestos removal from Parks houses located at 8121 South 259th and 24615 26th Place South as complete and release retainage to P.L. Whitton Company Northwest, Inc. upon receipt of state releases. (CONSENT CALENDAR - ITEM 3K) Russell Road Park Asphalt Repair Project. ACCEPT- ANCE of the Russell Road Park-Asphalt Sidewalk Repair Project as complete and release retainage to Northwest Asphalt, Inc. upon receipt of state releases. (OTHER BUSINESS - ITEM 4E) Transfer of Parks and Open Space in Meridian Annexation Area. King County will transfer six parks and eight smaller pieces of open space to the City of Kent as part of the Meridian Annexa- tion. Staff is requesting authorization for the Mayor to sign the "Letter of Transfer, " a Memorandum of Understanding pertaining to agreed upon improvements to be made by King County and any other documents to effectuate the transactions contemplated in these agreements. HOUSER MOVED that the Mayor be authorized to sign the "Letters of Transfers, " Memorandum of Understanding, and related documents including Resolution No. 1448 regarding the transfer of parks and open space 23 November 21, 1995 PARKS & from King County to the City of Kent in the RECREATION Meridian Annexation area. Bennett seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through October 31 and paid on October 31, 1995. The Operations Committee for November 8, 1995, was cancelled. Council authorized payment by signing check summary. Approval of checks issued for vouchers: Date Check Numbers Amount 10/31/95 161206-161705 $1,907,565.75 Approval of checks issued for payroll for October 16 through October 31 and paid on November 3 , 1995: Date Check Numbers Amount 11/3/95 Checks 207109-207445 $ 259, 615. 08 Advices 28715-29122 $ 504 ,302 . 12 $ 763 ,917.20 REPORTS Council President. Woods reminded Councilmembers that the Suburban Cities meeting will be held in Bellevue on the second Wednesday in December, and that individuals who are retiring will be honored. Operations Committee. Johnson noted that the Committee will meet at 9: 30 a.m. on November 22nd. Planning Committee. Orr announced that the next meeting will be held on December 12th. EXECUTIVE At 9:45 p.m. the meeting recessed into an execu- SESSION tive session of approximately 15 minutes to discuss property acquisition and pending litigation. The meeting reconvened at 10: 17 p.m. PROPERTY HOUSER MOVED to approve the acquisition of the ACQUISITION land known as the Roylance property for $152,450 including appraisal and closing, on or at a (Parks and negotiated price based on appraisal if it is less, Recreation) utilizing budgeted King County Conservation 24 November 21, 1995 PROPERTY Futures grant, Mill Creek Flood Control funds, ACQUISITION and approximately $9, 360 in Parks grant matching funds. Woods seconded and the motion carried. HOUSER MOVED to approve the purchase of the Meldrum property for $194, 500, including closing, (Parks and with approximately $50, 000 coming from Parks grant Recreation) matching fund and the balance of $144, 500 from the City's capital reserves through an amendment to the 1995 budget. Woods seconded and the motion carried. ADJOURNMENT The meeting adjourned at 10:20 p.m. Brenda b r CMC City Cl�aco , k 25