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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/19/1995 Kent, Washington December 19, 1995 A special meeting of the Kent City Council (rescheduled after cancellation of the December 12th meeting) was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Planning Director Harris, City Engineer Gill, Finance Division Director Miller, Parks Director Hodgson, and Information Services Division Director Spang. Councilmember Woods was excused from the meeting. Approximately 125 people were at the meeting. PUBLIC EmQloyee of the Month. Mayor White announced COMMUNICATIONS that Rusty Olsen of the Fire Department has been selected as Employee of the Month for December. He noted that Olsen has been a firefighter for almost ten years, and that he exhibits pride and professionalism in his job every day. He added that Olsen has developed a pocket resource guide to help his fellow firefighters complete their daily routine, both emergency and non-emergency, more efficiently. Chief Angelo stated that Mr. Olsen is a very genuine and caring indi- vidual, and is well respected by his fellow firefighters. Pamela Dick Recognition Day. Mayor White read a proclamation noting that Pamela Dick, a school bus driver for Gatewood Baptist Church, was driving a school bus with 20 small children and two adults aboard on Highway 167 on September 19, 1995, and took evasive action to avoid a large tractor-trailer truck which veered into her lane, saving the lives of those in her care. He stated that many working at the accident scene expressed admiration and respect for Ms. Dick's clear thinking, her ability and her dedication in the avoidance of a more serious accident. The Mayor proclaimed December 13 , 1995, as Pamela Dick Day in the City of Kent and urged all citizens to recognize and acknowledge Pamela Dick for her heroic actions in avoiding a potential disaster and saving the lives of her passengers. The pro- clamation was accepted by Rusty Olsen on behalf of Ms. Dick. Fire Chief Angelo stated that it is a miracle that those 20 children were not killed or injured, and that Ms. Dick' s timing in steer- ing the bus was due to true concentration and professionalism. He explained that the axle was broken and the bus could have tipped over several times. Angelo then announced that Ms. Dick will 1 December 19, 1995 PUBLIC be awarded, for the first time in its history, COMMUNICATIONS the Civilian Medal of Heroism. Introduction of Mayor's Appointees. Mayor White introduced Ellen Gimenez, Greg Worthing, Walter Hazen, and Carol Vass, his appointees to the Arts Commission, Morgan Llewellyn, his appointee to the Economic Development Corporation, and Dr. Mac Culver, Dee Moschel, Melvin Tate and Mary Lou Becvar, his appointees to the Human Services Commission. He also noted the reappointment of Judy Woods as the Council representative to the Human Services Commission. Regional Justice Center Update. Captain Tom Brown stated that this update covers the sixth month of construction, and that the County has accepted the general contractor's final construc- tion schedule. He added that the project is on schedule in all areas, and that the structural steel is almost complete. He announced that there will be a topping off event for the general contractors within the next two weeks. Brown said most of the detention slabs have been poured and the second level is under way. He noted that they are working on completion of the detention cell mock-up and security keying for the courthouse. CONSENT BENNETT MOVED that Consent Calendar Items A CALENDAR through CC be approved, with the exception of Item 3T which was removed and placed under Other Business as Item 4I. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 21, 1995. HEALTH & (CONSENT CALENDAR - ITEM 3U) SANITATION Carpinito Business Park. AUTHORIZATION to accept the Bill of Sale for Carpinito Business Park for continuous operation and maintenance of 43 feet of water main, 58 feet of sanitary sewer, 850 feet of street improvement and 582 feet of storm sewer and release of bonds after expiration date, as recommended by the Public Works Director. The project is located at 84th Avenue South and South 222nd Street. 2 December 19, 1995 SOLID WASTE (CONSENT CALENDAR - ITEM 3J) Waste Reduction & Recycling Grant. AUTHORIZATION for the Mayor to sign the Grant Agreement, staff to accept the grant, and to establish a budget for the Compost Bin Distribution Program. The City has received a grant from the Dept. of Ecology to provide an alternative for Kent residents to recycle and reuse compostable yard debris. This grant is for a Compost Bin Distribution Program which will help the City reach its 50% recycling goal by 1995 by diverting up to 20% of the household waste stream to a composting program. The total budget for this project is $41,400 for which the State Grant will pay 60% of the funds or $24,840. The City will pay 40% of the total or $16, 560 and will use a King County Waste Reduction and Recycling Grant to provide the match. FLOOD CONTROL (CONSENT CALENDAR - ITEM 3I) Mill Creek Interlocal Agreement. AUTHORIZATION for the Mayor to sign the Mill Creek Interlocal Agreement, as recommended by the Public Works Committee. This Agreement is a continuation of studies that the City has been conducting on Mill Creek in conjunction with the City of Auburn and King County, to help resolve the flooding pro- blems south of the Green River. All three agencies are sharing in the costs and this has already been budgeted. SIDEWALKS (CONSENT CALENDAR - ITEM 3V) 108th Avenue Walkwayl274th Street Walkway. ACCEPT as complete the contract with Tydico, Inc. for the 108th Avenue Walkway/274th Street Walkway project and release of retainage after State releases, as recommended by the Public Works Director. The original contract was $71, 000, 000. The final construction cost was $70, 120.46. PLAT (CONSENT CALENDAR - ITEM 3D) Glen Kara Preliminary Plat SU-95-3. AUTHORIZATION to set January 2, 1996, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval with con- ditions for a preliminary plat application (SU-95-3) by Lakeridge Development, Inc. The property is located west of 100th Avenue S. and north of S. 222nd Street. 3 December 19, 1995 REZONE (CONSENT CALENDAR - ITEM 3C) West Hill Plaza Rezone RZ-95-3. ADOPTION of Ordinance No. 3267 rezoning approximately 2 .58 acres from Neighborhood Convenience Commercial (NCC) to Community Commercial pursuant to Kent City Code Section 15. 09 . 050(C) . This item was approved at the Council meeting of November 21, 1995. ANNEXATIONS (OTHER BUSINESS - ITEM 4C) Interlocal Agreement Between Rent and Kina County for Annexations. The Planning Committee has recommended approval of an Interlocal Agreement between Kent and King County for annexations. The agreement deals with subdivisions, building permits, home repair, and the State Environmental Policy Act (SEPA) . Planning Director Harris explained that most of the agreement comes from the County and that some modifications were made. He explained that a response from the County regarding the modifications has not yet been received, but that it must move forward. ORR MOVED to approve the Interlocal Agreement between Kent and King County for annexations, and author- ize the Mayor to sign the agreement. Johnson seconded and the motion carried. ORR MOVED that a letter from Marvin Eckfeldt on this issue be made a part of the record. Johnson seconded and the motion carried. ZONING (PUBLIC HEARINGS - ITEM 2A) Stream Buffer Regmirements in Meridian Annexation Area/Interim Zoning Control._ As recommended by the Planning Committee, a stream buffer interim zoning control ordinance is being considered to preserve the existing stream buffers relating to major streams in the Meridian annexation area. The existing Kent zoning code requires a 50-foot setback from major streams for impervious sur- faces. Under the County code, the setback for major streams is a 100-foot buffer, which pro- hibits uses of any kind except replanting indigenous Northwest vegetation. The interim zoning ordinance would preserve the County development standards within the buffer area of major streams in the Meridian annexation area for up to six months. Assistant City Attorney Brubaker noted that the County had developed the Soos Creek Basin Plan to 4 December 19, 1995 ZONING protect streams, salmon and other habitat. He noted that the development buffers under the County's plan differ from those that would be in effect in the City of Kent through the existing land use planning. He said the city has been asked to adopt the same standards now in effect in the county, and this ordinance establishes interim zoning controls for a period of up to six months which would keep the county standards in place during that time. He explained that during the six month period staff would review and analyze different development standards and come back to Council with a proposal for appropriate development regulatory setbacks for these streams. Mayor White opened the public hearing. There were no comments from the audience and ORR MOVED to close the public hearing. Clark seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3259 relating to stream buffer requirements/interim zoning control in the Meridian Annexation Area, as recommended by the Planning Committee. Johnson seconded and the motion carried. (CONSENT CALENDAR - ITEM 3H) Single Family Development Standards Zoning Code Amendment ZCA-95-8. ADOPTION of Ordinance No. 3268 amending the Zoning Code for the imple- mentation of the goals and policies of the adopted Kent Comprehensive Plan. This item was approved by the City Council on November 21, 1995. (OTHER BUSINESS - ITEM 4A) Meridian Annexation Area Comprehensive Plan Amendments CPA 95-1 and Initial Zoning AZ-95-3. The City Council has held two public hearings on the proposed zoning for the Meridian Annexation area, as required by state law. The first hear- ing was on October 17, 1995 and the second on November 21, 1995. On November 21st the Council closed the public hearing and directed staff to review public testimony and prepare a recommenda- tion for changes, if any. Tonight consideration will be given to adoption of the proposed Comprehensive Plan Amendment and Initial Zoning for the area. 5 December 19, 1995 ZONING Kevin O'Neill of the Planning Department noted that staff has considered all public testimony and has made the recommendation shown in the December 12th memorandum. He noted that the memorandum includes a map which shows the shaded areas which staff is recommending be revised. He explained that four areas are recommended for revision: Area A is located to the east of 128th Avenue and is recommended for RA zoning, Area B is located to the east of 132nd south of 272nd and is recommended for R1-7.2 zoning, Area C extends from 144th to 156th north of 288th and is recommended for R1-7.2, and Area D is located east of 156th and is recommended R1-12 . ORR MOVED to make information received tonight from Owners of Shorelane Addition and Pink Thunderbird Mobile Park on the Lewis zoning request a part of the record. Johnson seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3261 for the Comprehensive Plan Amendment CPA-95-1, as recommended by the Planning staff and presented to Council tonight. Johnson seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3262 for the initial zoning for the Meridian Annexation Area AZ-95-3, as presented by the Planning staff this evening. Houser seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) Adult Use Zoning ZCA-95-1. The proposed ordi- nance would amend the zoning setback restrictions for adult use businesses which eliminates the 1000, setback restriction from legal, non- conforming residential uses in commercial zones. The City Attorney distributed a map showing the siting for adult use facilities. Lubovich noted that the Court had determined that the City did not have adequate siting for this type of facility. He explained that according to the law, the City cannot prohibit this type of facilities, although it can regulate where they are located. He noted that the ordinance re- quires a 1000' setback from churches, schools, parks, libraries, residential zones and residential uses. Lubovich noted that the Planning Commission and the Planning Committee have examined many alternatives and propose to eliminate the zoning setback requirement of 1000' 6 December 19, 1995 ZONING from residential uses. He felt the elimination of the 100' setback would have the least amount - REFER TO of impact on the citizens and surrounding uses. CORRECTED He explained that the amendment to the Zoning MINUTES OF Code eliminating the residential use setback would open up 32 sites south of S. 228th across SR167 up to the north side of the intersection of S. 212th, and the GWC district along 84th Avenue South between those two intersections. ORR MOVED that the map be made a part of the record. Houser seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3263 amending the zoning setback restrictions for adult use businesses and adopting the findings in that ordinance. Houser seconded. Orr pointed out that this is not something that is being encour- aged in the city, and that this action is being taken to satisfy a court requirement. She noted that the size of the area being considered, which allows 32 sites, is actually 2/100 of 1% of the total number of sites in the city. She also said that if no action is taken, adult use businesses could locate anywhere in the city. Mann strongly objected to being forced by the courts to change the present ordinance to accommodate for a significant number of additional sites. He said there is no reason to allow for nude dancing within 1000' of any house. He objected to being forced to interpret speech as conduct, and said this is an opportunity for the Council to take a stand and that he will vote no on any ordinance that allows for more than seven sites. Upon a roll call vote, the motion to adopt Ordinance 3263 failed for lack of a majority with Clark, Houser and Orr in favor and Bennett, Johnson and Mann opposed. Orr noted that there is currently a moratorium which has prevented any of these facilities from opening in any area except the one the city has been sued over, and if the court' s demand is not addressed the entire city will be open for this type of facility. She said that although she is not in favor of having them in any location, the city does not have the funds necessary to challenge the court. JOHNSON MOVED for recon- sideration. Orr seconded. 7 December 19, 1995 ZONING After researching the issue, the City Attorney explained that anyone who voted against the motion would be a prevailing party and could make a motion for reconsideration. JOHNSON MOVED for reconsideration. Clark seconded. Clark said that if this issue is taken through the Court of Appeals of the Supreme Court, the city will lose. He noted that this has been shown recently and there is no reason to believe there will be a reversal. He added that doing so would cost a huge amount of money. Houser said she feels she is being blackmailed into this, but she must vote for what is best for the citizens. She said that this ordinance must be passed to protect every- one. Orr pointed out that no one is happy about doing this, but the city has been given an ultimatum. She reiterated that if nothing is done, the entire city will be open to this type of business. Upon Johnson's question, Lubovich explained that eliminating the 1000' setback from residential uses in commercial zones would open up 32 sites in the area pointed out earlier. He added that those sites are not necessarily vacant. Mayor White passed the gavel to Councilmember Johnson and said that while he does not per- sonally support adult entertainment businesses and does not want any in Kent, he also is not willing to sacrifice the amount of money it would cost to take this issue to court and lose. He urged the Councilmembers to pass this ordinance. Mann said he was under the impression there would be a workshop prior to voting, that there has been no workshop, and that they are experiencing problems because of that. Lubovich noted for Johnson that a good case could be made for 19 sites, and an excellent case for 32 sites. He explained that this would have the least impact to achieve a legal, sustainable challenge. Upon a roll call vote, the motion died for lack of a majority, with Clark, Houser and Orr in favor and Bennett, Johnson and Mann opposed. Later in the meeting Lubovich noted for Johnson that the adult use moratorium will expire January 15, 1996, and that it has been extended twice. Johnson asked that this issue be added to the agenda for January 2 , 1996. Upon Houser' s 8 December 19, 1995 ZONING request, it was agreed that Planning staff will provide the material presented to the Planning Committee. (OTHER BUSINESS - ITEM 4D) Rosnoski Zoning Code Amendment ZCA-95-9. The Planning Commission has recommended amendments to the (GWC) Gateway Commercial Zoning District in the Kent Zoning Code (ZCA-95-9) which will broaden the permitted uses in the GWC, adding certain commercial and small-scale industrial uses. ORR MOVED to approve the amendments to the (GWC) Gateway Commercial Zoning District in the Kent Zoning Code, which will broaden the per- mitted uses in the GWC, adding certain commercial and small-scale industrial uses, as recommended by the Planning Commission, and to direct the City Attorney to prepare the necessary ordinance. Houser seconded and the motion carried. (OTHER BUSINESS - ITEM 4E) Comp Plan Implementation Zoning Map Amendment CPZ 95 2, (Phase II Valley Floor/West Hill) . The Planning Commission has recommended zoning map changes for seven (7) areas in the Valley Floor and West Hill, as identified in the staff report. This action will implement the recently adopted Kent Comprehensive Plan. ORR MOVED to approve the recommendation of the Planning Commission on the Comprehensive Plan Implementation Zoning Map Amendment CPZ-95-2 (Phase II - Valley Floor/West Hill) regarding the zoning map changes for seven (7) areas on West Hill/Valley Floor, as identi- fied in the staff report, and to direct the City Attorney to prepare the necessary ordinance. Johnson seconded and the motion carried. STREET UTILITY (CONSENT CALENDAR - ITEM 3CC) Street Utility Repeal and Substitute Utility Tax. AUTHORIZATION to set January 2, 1996, as the date for a public hearing on the Street Utility Repeal and Substitute Utility Tax. EQUIPMENT (BIDS - ITEM 5A) RENTAL Two 5 6 Yard Dump Trucks - Ectuipment Rental. Bid opening for this equipment was held on November 17 with 4 bids received. The low bid for this equipment was received by Husky International in the amount of $52 , 493 . 35, plus tax, per truck. It is the recommendation of the 9 December 19, 1995 EQUIPMENT Public Works Director that Husky International be RENTAL awarded the low bid of $52,493 . 35 plus tax, per truck. Due to annexation cash flow, authoriza- tion is requested to accept delivery of the second truck from Husky International in the Spring of 1996, for the bid amount of $52, 493 .35 plus tax. Total equipment cost for this item is $104,986,70, plus tax. MANN MOVED that the purchase of two 5-6 yard dump trucks be awarded to Husky International in the amount of $52, 493 .35 plus tax, per each truck and delivery of the second truck be accepted in the Spring of 1996. Houser seconded and the motion carried. MAINTENANCE (BIDS - ITEM 5B) Gasoline and Incidental SURRU B. Bids were recently submitted for City-wide fuel services for the next three years beginning January 1, 1996. Three vendors bid on the project: Associated Petroleum Products, Don Small & Sons, and Delta Western. Based on the types of fuel and annual volumes used, Don Small & Sons was the lowest bidder. It is recommended that Don Small & Sons be awarded the contract. JOHNSON MOVED that the contract for gasoline and incidental supplies be awarded to Don Small & Sons in the amount of $183, 505. 50. Orr seconded and the motion carried. SCHOOL IMPACT (PUBLIC HEARINGS - ITEM 2B) FEES 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 pro- gram; 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 calculation and a fee schedule; describes the procedures for credit, appeals, and refunds; all as authorized by the Growth Manage- ment 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. 10 December 19, 1995 SCHOOL IMPACT The City Attorney noted that the ordinance is one FEES component to the school impact fee program and it sets up the mechanism for impact fees. The other components are an interlocal agreement regarding administration of the school impact fee program, the District's Capital Facilities Plan which must be adopted by the City Council and made part of the City' s Comprehensive Plan, and the impact fee schedule ordinance. He explained that the ordi- nance applies to all new residential development in the city, that the fee is assessed against each dwelling unit at the time of application, and that temporary housing units, transitional housing, certain housing for the elderly, re- building of destroyed units, condominiums that are converted from apartments, and developments where the impacts for schools have already been mitigated are exempt. He added that the ordi- nance requires the interlocal agreement, and the District must annually submit it's Capital Facilities Plan, it' s enrollment projections, standards of service, future capacity projec- tions, and inventory of capacity, and the City adopts a new fee schedule annually based on that information. Lubovich noted that the date of application for a residential development permit is the date of assessment, although it is col- lected at the time of issuance. He distributed copies of minor technical corrections to the ordinance which eliminate any ambiguity. ORR MOVED to accept the recommended changes from the City Attorney and incorporate them in the final ordinance. Houser seconded and the motion carried with Bennett opposed. The Mayor declared the public hearing open. Tom Brotherton, 26805 148th Avenue SE, said that if impact fees are taken away, taxes will go up. He said that the school district is the reason many people locate in Kent, and that it is fair that new residents pick up some share of the burden for maintaining the excellent school system. He explained that builders do not always pay for impact fees and that they negotiate a lower land price when fees are assessed or require the landowner to pay the fees. He concluded that even with impact fees, houses in Kent will still cost less than in other areas. Holly Isaman, 4611 Somerset Court, representing the Federal Way 11 December 19, 1995 SCHOOL IMPACT School District, thanked the Council for con- FEES sidering the adoption of a school impact fee ordinance, noting that it will benefit both the students and the community. She noted that space to serve growth must be provided, and that impact fees are an important contribution. She empha- sized that impact fees help reduce the tax burden on existing residents by spreading the load to new residents. Jody Putman, Business Services Manager for the Federal Way School District, stated that the Federal Way Distict has grown quite a bit and has built five elementary schools and one junior high. She said that some of the construction was funded by impact fees, and that the City of Federal Way recently passed an ordi- nance for impact fees for schools. She urged the Council to adopt the proposed ordinance. Miriam Helgeland, 3930 S. 277th Place, member of the Forum for Regulatory Balance, said the Forum believes that development fees make housing less affordable. She provided copies of an Executive Summary and a Report from the Forum. She sug- gested collecting fees as late as possible in the building process, so as to minimize their effect. She said if young families have to live far from employment centers, the longer commute time adds to freeway crowding and pollution, and they have no time for their families. She encouraged the Council to look at the report and call for more information. Jill Clifford, 26703 148th SE, voiced concern about growth and taxes, and urged the Council to pass the impact fee so that schools can be funded without raising taxes in the Meridian annexation area. Mary Geisol, 23407 53rd Avenue South, stated that she represents a new home builder who is offering single-level homes in a gated community designed to appeal to the retired or empty-nest buyer. She noted that the school impact fee will raise the cost of new construction which will price these buyers out of the area. She noted that these buyers would be required to pay for something they don't use, and urged the Council to consider other more equit- able solutions. She suggested exceptions for first time buyers, homes without school age children, empty-nesters and retired people. Rochelle Oster, Realtor, read a letter from Tamara Keiser, who is single and has no children, and who feels it is unfair for her to share the 12 December 19, 1995 SCHOOL IMPACT expense. Oster urged the Council to look for FEES other avenues of revenue. William A. Looney, 4110 S. 262nd Place, stated that the public does not get to vote on this issue, that it goes on for years, and that the people who will have to pay it are not aware of it since they don't live here yet. He said this is the most regressive tax of all, since the same fee is paid for any size house. He added that this fee will make more tenants. He noted that owners of vacant lots do not send to children to school and said this tax will keep people from living in Kent because they can't afford to. Barbara Poyneer, 18149 147th Avenue SE, Renton, said she has paid taxes to the school since 1978, and has served on Kent School District committees. She said that allegations that the school district supports the impact fee ordinance because it will cover up mismanagement, and that the district plans to use the impact fees in place of selling bonds, are untrue. She said that school impact fees are simply a way of assessing a small but significant part of the cost of growth directly to those who cause it. Carol Morford, 11126 SE 256, said she is opposed to taxing a narrow segment of the population. She noted that the Council has been in favor of single-family homes rather than apartments, that if this ordinance is passed the school district will get a huge revenue increase, and suggested having no impact fees on single-family homes and imposing impact fees on multi-family until $3 . 1 million is raised. Stan Lockett, 24305 140th Avenue SE, said the cost of the taxes is reduced by paying it up front rather than over time. Mike Necrum, 101 loth Avenue, Kirkland, said that before an impact fee is imposed, homework should be done. He noted that Kirkland decided not to impose impact fees. He said the problem is how funds are being spent in Olympia and that they are not being adequately redistributed to the community where growth is causing an impact. He recommended going to Olympia during this legis- lative session and demanding that revenues generated by this community be returned to the community. Rob Cannon, President of Kent Chamber of Commerce, recommended that the Council allow 90 days to examine options for funding the school district' s needs. Gary Young said as a builder, 13 December 19, 1995 SCHOOL IMPACT he is very concerned about the impact fees. He FEES said he appreciates the work done by the school system, but is concerned for home purchasers. He distributed a letter outlining their concerns and asked the Council to consider the first time home buyer, the young people, and the aging home buyer who would be precluded from the purchase of a home by the addition of impact fees. He noted that purchasers without children pay property taxes and support the school system, but do not use the school system. He urged the Council to remember it's responsibility to provide for affordable housing. He said one and two bedroom homes should be exempt. He also urged the Council to require, if adopted, a full annual review to determine the need, to remove the fees as early as possible, and to pursue a better, more equitable solution. Brien Stafford, Stafford Homes, said the tax is not fair and it raises the price of new and used houses. He said he supports schools, but does not think this is a fair tax and it won't be to the credit of the City of Kent to put it on new housing. Susan Follmer, 19629 104th Avenue South, Renton, said this is a good, fair proposal. She stated that a $1. 00 mitigation fee collected now will save $1.80 in the future. She voiced appreciation to the Council for listening and urged them to sup- port the mitigation fee. Jeff Robinson, 22230 118th Avenue SE, said there has been an assumption that any impact fee assessed on a new housing unit will be passed on. He said developers should find ways to operate more efficiently rather than passing on impact fees. He urged the Council to work with the community and school district to keep the school district a major attractor for new growth, and to adopt the ordinance. Scott Floyd, 9645 S. 232nd, said new people are welcome but they must help the school district, and expressed hope for the Council' s support. Gwen Escher, Kent School District, 12033 SE 256, said that Kent's is the fourth largest school district in the state, and that their reputation has attracted families for a long time. She noted that each single family residence generates an average 0. 843 students and about $14, 000 in new costs per residence. She noted that even with state match money, there is still about $10, 000 to be funded locally, and 14 December 19, 1995 SCHOOL IMPACT that a fee of $3, 675 helps but leaves $6,400 to FEES be financed by taxpayers through bond issues. She said it is time that new residential develop- ment shares a more appropriate portion of the burden. She noted that the City will have the opportunity to review and act on the District' s Capital Facilities Plan and fee proposals every year. Ken Peckham, Schneider Homes, said that they support schools, but that this is an equity issue. He noted that new homes represent 11% of the homes sold in King County, and that ilk is being asked to bear loot of the impact fee. He said this is not fair and asked the Council to pass a moratorium and continue to investigate this issue. Rob Renner, John L. Scott, said it is unfair to levy an impact fee on new buyers and new homes, and not the new buyers of existing housing. He proposed increasing the excise tax on all home sales and spreading the cost amongst all buyers and sellers. He asked the Council to check with the City of Tacoma on their plan. Bob Nelson, 24048 156 Avenue SE, urged the Council to pass the ordinance. He said he supports the resolution on low income housing, which would address the problems people have raised. He said as equity is gained, people are better able to afford to move up and to absorb the impact fee. He said the Council should pass this ordinance and then examine options for other sources of revenue. Linda Peterson, 14421 SE 183, Renton, pointed out that new housing produces a need for children to be educated. She said that currently when the burden is spread over the existing homes, everyone pays. She asked the Council to think about the public good and consider that in the past when developers have built housing developments, they have given to the school dis- trict a place to build a new school. She noted that that is not happening at this time. Connie Baesman, 10206 SE 224, asked the Council to pass the ordinance tonight, noting that it has been studied for a long time. She noted that growth has been rapid, and that help is needed by the school district. John Cochenour, Master Builders Association, said that schools have always been society's responsibility and all property owners have paid for schools. He said it is unfair to pick out one group and say they should pay a significantly higher portion than a person who is buying a resale house and may contribute as many 15 December 19, 1995 SCHOOL IMPACT or more children to the district. He said small FEES builders cannot absorb the $3600 fee, that they do not make large profits, and that the fees must be passed on to the home buyer. He said that as more regulation and costs are added, the ability to buy a home gets further and further away. He noted that they have supported the school dis- trict and have offered suggestions for them to consider. He asked the Council to protect housing and schools and said that this proposal will have a significant burden on citizens. Grace Yuan, attorney for the Kent School District and the Federal Way School District, urged the City to pass the impact fee ordinance. She noted that the districts recognize that affordable housing is a concern, and support an exemption. She noted that an exemption for senior housing is built into the ordinance, and that they welcome a thorough annual review of the district' s Capital Facilities Plan. She asked the Council to look at the existing tax base in the district and consider what existing tax payers are paying, and help reduce the taxes of existing tax payers. Paul Morford, P. O. Box 6345, Kent 98064, said it is impossible to sell something for less than it costs to build. He said that within one year all existing homes go up $3500, and $2000 for multi- family. Morford pointed out that Councilmember Clark is employed by the Kent School District and should abstain from voting. He urged the Council to vote for this. Pete Gomes, Windemere Real Estate, said that the cost per square foot of a home has gone up, consequently you are buying less product. Dr. Hager, Kent School District, said the district wants to cooperate with the city and the developers. He urged the Council to pass the ordinance now and said details could then be worked out. There were no further comments and HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. ORR MOVED to make all materials received this evening part of the public record. Houser seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3260 as amended before the public hearing, adopting the school impact fees. Johnson seconded. 16 December 19, 1995 SCHOOL IMPACT BENNETT OFFERED A SUBSTITUTE MOTION to hold this FEES matter over for 90 days for consideration. Johnson seconded for discussion. Bennett noted that he has heard some creative ideas tonight, and that one of his sons recently bought a home in Pierce County because of impact fees in King County. Houser said that she is happy with the education her children received in the Federal Way School District, and that the school impact fees seem unfair and inequitable. She said there are probably better ways to do this, but that this ordinance needs to be passed now. She sug- gested that it sunset in one year, so that the Council will be committed to finding new and better ways. Clark spoke in opposition to holding the matter over for 90 days, noting that this was first brought up for discussion six months ago. He pointed out that there are normally nine permit applications and that this month there was an eight-fold increase. Bennett noted that this issue had not been to the full Council until the recent workshop. Orr pointed out that she chaired a committee to address the impact fees in 1990 and that a written report was issued in 1991 supporting impact fees. She said that fees are being collected for roads and parks, but they are not called impact fees. She disagreed with Bennett, noting that the issue has been before the full Council because Council- members get a copy of committee agendas and minutes. She added that the Chamber of Commerce also receives that information. She said now is the time to adopt the ordinance. Johnson spoke in opposition to delaying for 90 days, and said it is time to enact the school impact fee. Bennett clarified that he made the motion because of citizens who have spoken to him about this. The motion to extend for 90 days then failed with only Bennett in favor. Clark stated that Federal Way and King County have impact fees and the Meridian Annexation area is getting no change in their tax structure. He said this is not a new tax. He noted that 1000 homes generate 450 students in Federal Way and over 800 students in Kent. He stated that without the school impact fees, taxes go up. JOHNSON MOVED to substitute language under Section 23 . 13 . 040 authorizing an exemption for 17 December 19, 1995 SCHOOL IMPACT low-income housing as a friendly amendment. Orr FEES agreed. Johnson said it is important to esta- blish language in the ordinance relating to low- income housing and urged the Council to support it. Houser offered a friendly amendment to sunset this in one year, so that there is a commitment to revist the issue. Orr agreed to the amendment as long as at the end of the year the Council has been unable to come up with new and better ways of doing this, to consider reauthorizing the impact fee. Houser agreed to consider it then and Orr and Johnson accepted the friendly amendment. Lubovich clarified that the date would be one year after the effective date of the ordinance, and noted for Johnson that this will have to be carefully monitored as to time frames because of the application dates that are required. Clark suggested leaving this in effect and bringing it back later if they chose to re- consider. Houser did not agree. Lubovich stated that this ordinance does not adopt any fees, that fees would be adopted after the Comp Plan is amended and a fee schedule ordinance is adopted. Orr suggested sunsetting it one year after adoption of the first fee, so that there is one full year to work within the system. Houser and Johnson agreed. Lubovich and Orr determined that the date is one year from date of the fee esta- blishment. JOHNSON MOVED to amend the motion directing the School District to come back to the January 16, 1996, Planning Committee meeting with their proposed fee schedule for consideration, and for them to bring back a proposal that would address the school impact fees based on the number of bedrooms as opposed to the existing formula in the ordinance. Houser seconded. Orr agreed to the amendment. She said that not adopting these fees is an unfavorable impact, since it adds to the tax burden of residents. Johnson said some people choose not to own homes, others do not qualify financially, and that people must make choices. He said the question of what constitutes affordable housing remains unanswered. He said there may be a better solution than school impact fees, and suggested that builders and realtors lobby the legislature to address the issue. Upon a roll call vote, the motion as amended carried 5-1 with Bennett opposed. 18 December 19, 1995 SCHOOL IMPACT The City Attorney clarified that a resolution on FEES low-income housing is not required since it has been dealt with. ORR MOVED to approve and authorize the Mayor to execute the proposed interlocal agreement relating to school impact fees in substantially the same form as the proposed agreement. Johnson seconded and the motion carried with Bennett opposed. COUNCIL (CONSENT CALENDAR - ITEM 3E) Council Absence. APPROVAL of an excused absence for Council President Woods from the December 19, 1995, City Council meeting, as she is unable to attend. APPOINTMENTS (CONSENT CALENDAR - ITEM 3W) Arts Commission Appointments. CONFIRMATION of the Mayor's appointments of Ellen Gimenez, Greg Worthing, Walter Hazen and Carol Vass to serve as members of the Kent Arts Commission. Ms. Gimenez is a Kent resident and works for a local grocery chain. She is experienced in cake decorating and has won numerous competitions during the past 10 years. She is looking forward to working with the Commission. She will replace Robb Dreblow and her appointment will continue to 10/31/99 . Mr. Worthing has been involved with the arts com- munity in Kent since 1977 as an art teacher at Kent-Meridian High School and manager of the Performing Arts Center. He was an integral part of the team that created the very successful "Underworks" teen tile mural at Earthworks Park last summer. Mr. Worthing will be a valuable addition to the Commission. He will replace Shannon McMurry and his appointment will continue to 10/31/99. Mr. Hazen is an artist and gallery owner in Kent. He has participated in the Downtown Partnership, the Downtown Planning Board, the Regional Transit Authority Advisory Board and others. He will bring his art knowledge and experience to the Commission. He will replace Grace Hiranaka and his appointment will continue to 10/31/99. 19 December 19, 1995 APPOINTMENTS Ms. Vass has a degree in art from the University of Washington and worked for an art consultant firm for many years. She is a resident of Kent and has volunteered for numerous City arts pro- jects. She will replace Jim Teeters and her appointment will continue to 10/31/99 . (CONSENT CALENDAR - ITEM 3X) Economic Development Corporation Reappointment. CONFIRMATION of the Mayor's reappointment of Morgan Llewellyn to continue serving as a member of the Kent Economic Development Corporation. Mr. Llewellyn's new term will continue until 12/31/99. PUBLIC (OTHER BUSINESS - 4H) DEFENDER Public Defender's Contract. The City seeks pro- posals for public defense contracts every other year and enters into a one-year contract with the successful applicant. The parties subsequently negotiate a second year extension. Last year the City sought proposals for public defense services and awarded the contract to Stewart and Goss. The contract approved by the City Council allowed administration to extend the contract for one additional term under the same terms and condi- tions. As a result of the annexation and the increasing caseload at the Kent Municipal Court, the contract had to be renegotiated. Staff is asking for authorization for the Mayor to enter into a new contract for a one-year term in substantially the same form as the proposed agreement. The City Attorney explained that the cost will be increased from $11, 000 per month to $15, 500 per month, and that the cost per case is between $88 and $97. BENNETT MOVED to authorize the Mayor to enter into a contract for public defense services in substantially the same form as the proposed agreement. Houser seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 3AA) RECREATION 1996 City Art Plan Budget and Five-Year Plan. ADOPTION of the 1996 City Art Plan Budget and 1996-2000 Five-Year Art Plan. In compliance with the general procedures of the City Art Program (Ordinance No. 2552) , an annual budget for all City Art Program projects shall be prepared and 20 December 19, 1995 PARKS & updated. Added to the budget is the five-year RECREATION art plan. (CONSENT CALENDAR - ITEM 3BB) Saturday Market Advisory Board. ADOPTION of Ordinance No. 3272 repealing Chapter 2 .54 of the Kent City Code entitled "Saturday Market Board. " The Saturday Market Board has requested that the Board be abolished and that the vendors be repre- sented on the Kent Downtown Partnership Board, which is the organization that works with the Saturday Market vendors. (BIDS - ITEM 5C) Interurban Trail Resurfacing Project. Seven (7) bids were received on November 28 , 1995, for the Interurban Trail Resurfacing Project. Western Asphalt of Maple Valley was the low bidder at $135,646 (base bid) . The Engineer's estimate was $194,560. HOUSER MOVED to accept the base bid of Western Asphalt in the amount of $135, 646, plus Schedule 4 unit price additions in the amount of $17,835 (to include Unit Price Items C, D, E, F, I, J, and K) for a total contract amount of $153 , 481 for the Interurban Trail Resurfacing Project. Bennett seconded and the motion carried. HEN (CONSENT CALENDAR - ITEM 3Q) AUTHORIZATION to RESOURCES Safety Awards Contract Renewal. renew the Safety Awards contract, as recommended by the Operations Committee. Safety Award draw- ing eligibility is based on attending monthly meetings and not being involved in an on-the-job injury for that month. This is simply an aware- ness claim reduction tool with Monthly Safety Material Service. (CONSENT CALENDAR - ITEM 3R) Workers' Compensation Claims Administration Contract Renewal. AUTHORIZATION for the Mayor to execute a renewal of the annual Third Party Claims Handling Contract for all L&I claims, as approved by the Operations Committee on November 22 , 1995. POLICE (CONSENT CALENDAR - ITEM 3K) DEPARTMENT Duties of Police Chief. ADOPTION of Ordinance No. 3269 relating to the duties of the Chief of Police. National accreditation requires that the 21 December 19, 1995 POLICE Police Chief be responsible for the Police DEPARTMENT Departments budget and this ordinance identi- fies that responsibility. (CONSENT CALENDAR - ITEM 3L) Violation of a Protection Order. ADOPTION of Ordinance No. 3270 amending Sections 9. 02 .302, 9. 02 . 304 and 9. 02. 310 of the Kent City Code to provide that violations of Protection Orders and No Contact Orders are to be punished as gross misdemeanors. (CONSENT CALENDAR - ITEM 3M) Penalties for Certain Weapons violations. ADOPTION of Ordinance No. 3271 amending Section 9. 02 . 104 of the Kent City Code to provide that violations of the prohibition against possessing weapons capable of producing bodily harm are to be punished as gross misdemeanors. (CONSENT CALENDAR - ITEM 3N) Beer Institute Assistance Fund Donation. ACCEPTANCE of Beer Institute donation; authori- zation for Mayor to sign related documents; establishment of a Youth Conference budget; and authorization to transfer funds remaining from the 1994/95 Youth Conference for use for the 1995/96 Youth Conference, as recommended by the Public Safety Committee. This is the fourth year for the Youth Conference and the City has an opportunity to obtain funding from the Beer Institute to assist us in this endeavor. (CONSENT CALENDAR - ITEM 30) Springwood Grant. ACCEPTANCE of the Springwood- King County Housing Grant and authorization for the Mayor to sign necessary documents, as recom- mended by the Public Safety Committee: 1. Contract for Social Services #D17: Acceptance of $148, 228 reimbursing (monthly) for salary/ benefits of two bike patrol officers assigned full-time to the Springwood development, as well as telephone, printing, office equip- ment, and bicycle maintenance/supply costs. 22 December 19, 1995 POLICE 2 . Lease Agreement: Agreement at no cost, for DEPARTMENT the Police Department to be provided an apartment/"storefront" at the Springwood site. A standard lease agreement involving termination, damages, right of entry, and hold harmless clauses must be executed. (CONSENT CALENDAR - ITEM 3P) corrections Facility Food Service Agreement/ Request for Extension. Extension of the Corrections Facility Food Service contract for an additional year, as allowed in Section 11. 01 of the agreement and as recommended by the Public Safety Committee. Financially the City has been very pleased with the food service provider, as well as by quality and quantity. FIRE (CONSENT CALENDAR - ITEM 3F) DEPARTMENT Purchase of Replacement Defibrillators. AUTHORI- ZATION for the Mayor to sign a purchase order for the purchase of replacement defibrillators. The purchase of defibrillators was authorized in the 1996 Capital Budget. These life savings pieces of equipment are essential. They are being re- placed after having outlasted the manufacturers projected life span by seven years. The unavailability of replacement parts and service agreements necessitates the earliest possible replacement of these machines. Over the last several months staff has researched the King County Emergency Medical Division's criteria and the availability of manual defibrillators. It is clear that there is only one vendor and one machine that meets all the required criteria. Under City policy this qualifies as a sole vendor purchase. The City's cost is estimated at less than $51, 000. This is a significant savings over the budgeted cost if we act in a timely fashion to order the units. Approval of this consent item would authorize the Mayor to sign the purchase order upon delivery and acceptance of the machines. (CONSENT CALENDAR - ITEM 3G) Automatic and Mutual Aid Agreements. AUTHORIZATION for the Mayor to sign current and future Mutual or Automatic Aid Agreements as outlined in the Executive Summary, including the Urban Search and Rescue (USAR) agreement, as a matter of ongoing business; and that the Fire 23 December 19, 1995 FIRE Chief be authorized to sign these agreements to DEPARTMENT make and sign routine changes to levels and areas of response in the appendices of the respective agreements. In order to provide basic emergency services the City has historically participated in automatic and mutual aid agreements within King County. Periodically these agreements need to be modified for routine business (e.g. annexations, stations relocated, etc) . Additionally there is a need to sign mutual agreements with Pierce, Mason and Kitsap County fire agencies as a required part of the State Mobilization Act. There are also special programs such as membership on the Urban Search and Rescue Team that requires the signing of participation agreements. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through November 15 and paid on November 15, 1995, after auditing by the Operations Committee on November 22, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 11/15/95 161706-162181 $1,855, 300.08 Approval of checks issued for payroll for November 1 through November 15 and paid on November 20, 1995: Date Check Numbers Amount 11/20/95 Checks 207446-207771 $ 267, 786.52 Advices 29123-29527 532 , 517 . 59 $ 800, 304. 11 (CONSENT CALENDAR - ITEM 3S) 1995 Accounts Receivable Write-Off. AUTHORI- ZATION to write-off $1, 846. 25 in uncollectible accounts receivable for 1995, as recommended by the Operations Committee at their November 22 meeting. The write-off amount is primarily composed of accounts for businesses or indi- viduals we are unable to locate or that have gone out of business. 24 December 19, 1995 FINANCE (OTHER BUSINESS - ITEM 4I) (Formerly Consent Calendar Item 3T) 1995 Budget Adjustment ordinance and CDBG Line of Credit. AUTHORIZATION to approve the budget adjustment ordinance for 1995 totaling the gross budget adjustment of $2, 354, 614 and to approve a line of credit in an amount not to exceed $250,000 to cover Community Development Block Grant costs at year-end until they are reimbursed by King County, as recommended by the Operations Committee at their November 22nd meeting. Finance Division Director Miller explained that this is a housekeeping ordinance which rolls all previously approved budget amendments into one ordinance. She noted that this is required by the State Auditor' s Office and has been recom- mended by the Operations Committee. Miller also stated that the Water Revenue Refunding Bond budget change is included. JOHNSON MOVED to adopt Ordinance No. 3266 relating to the 1995 Budget Adjustment totalling $2, 079, 660, and to approve a line of credit on an amount not to exceed $250, 000 to cover the CDBG costs at year end until they are reimbursed by King County. Orr seconded and the motion carried. (OTHER BUSINESS - ITEM 4F) Property Tax Lew Amendment. At the November 7, 1995 Council meeting, property tax levy Ordinance No. 3245 was adopted based on preliminary amounts from King County. Since that date, updated information has been provided from King County that show the City is eligible to receive an additional $95, 242 . Finance Division Director Miller explained that the amount the city could receive increased from $110, 000, 000 to $120, 000, 000 due to several annexations, which resulted in approximately $39, 000. She also noted that omissions and refunds amount to $95, 242 , and recommended amend- ing the levy submitted previously. Miller also proposed buying a boat for marine patrol at Lake Meridian for $20, 000 and adding the balance of $75,242 to the ending fund balance. JOHNSON MOVED for the adoption of Ordinance No. 3264 amending the General Fund Tax Levy amount to $11, 618, 041. Houser seconded and the motion carried. 25 December 19, 1995 FINANCE (OTHER BUSINESS - ITEM 4G) 1996 Budget Amendment. On November 7, 1995, Council adopted Ordinance No. 3244 for the 1996 budget. Since that time, additional information has been received from King County on property tax amount which adds $95, 242 in additional property tax. The proposed budget amendment adds $95,242 in Property Tax, provides $20, 000 for a police boat for the Lake Meridian Annexation and adds the balance of $75, 242 to the General Fund balance. JOHNSON MOVED to adopt Ordinance No. 3265 amending the 1996 budget to include the additional $95,242 from property tax revenue with $20, 000 of this amount to be used for a police boat for Lake Meridian with the remainder of $75, 242 to be added to General Fund balance. Houser seconded and the motion carried. REPORTS Operations Committee. Johnson noted that the committee will meet at 9: 30 a.m. next Wednesday. Planning Committee. Orr noted that the committee will meet on January 16. EXECUTIVE At 10:25 p.m. the meeting recessed to an SESSION Executive Session of approximately 15 minutes. (Potential litigation, The meeting reconvened at 10:40 p.m. HOUSER property MOVED to authorize the purchase of the Leslie acquisition) Dow property for a purchase price of $582 , 800 including closing costs, appraisal and miscellaneous expenses, and to authorize any necessary budget changes and the use of an interim loan from the Fire Department Equipment Reserve Fund until July when IAC funding is received. Orr seconded and the motion carried. ADJOURNMENT The meeting adjourned at 10:45 p.m. Brenda Jaco er, MC City Clerk 26