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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/18/1997 Kent, Washington March 18, 1997 Regular meeting of the Kent City Council was called to order at 7: 05 p.m. by Mayor White. Present: Councilmembers Clark, Epperly, Houser, Johnson, and Orr, City Attorney Lubovich, Police Chief Crawford, Public Works Director Wickstrom, Parks Director Hodgson, and Finance Director Miller. Councilmembers Bennett and Woods were excused from the meeting. Approximately 35 people were present. The flag salute was led by Boy Scout Troop 436. PUBLIC Regional Justice Center URdate. Tom Brown gave a COMMUNICATIONS final update on the Regional Justice Center Project. He noted that the Justice Center was opened Friday night with a simulated incarcera- tion, an overnight event, and that public tours were held on °Saturday and Sunday. He explained that a temporary occupancy permit was granted by the City of Kent to allow for the simulated incarceration, and that it took a great deal of work, cooperation, and collaboration with the Fire and Building Departments. Brown noted that further testing on some of the life safety fire issues are still remaining but that they are real close to taking over occupancy of the building. He stated that the project is still within their target deadline and within budget which is a plus for the City as well as the County. Mayor White commented that the incarceration experience was meaningful and memorable. Introduction of Mayor's Appointees. Mayor White introduced Tim Gimenez, his appointee to the Civil Service Commission, and Lilly Kato, his appointee to serve as a member of the Kent Arts Commission. Absolutely Incredible Rids Day. Mayor White read a proclamation declaring March 20, 1997, as Absolutely Incredible Kids Day in the City of Kent. He encouraged citizens to participate by writing a note or letter to a child and let him/ her know that they are special and appreciated. Ms. Bonner accepted the proclamation on behalf of the Camp Fire. Ms. Bonner thanked the Mayor and the City of Kent for proclaiming Thursday, March 20th, as Absolutely Incredible Kids Day. She noted that every adult is being asked to deliver a loving letter to a child or children in his/her family. She explained that Camp Fire has conducted extensive research, including inter- views with several family psychologists, indicating that the written message of letting 1 Kent City Council Minutes March 18, 1997 PUBLIC children know they are important, loved and cared COMMUNICATIONS about can make a lasting, powerful impact in their lives. She noted that a child can hold onto and cherish precious words when they are put into writing and that the goal for Absolutely Incredible Kids Day is for every child to receive at least one letter either by E-mail, put under a pillow, left in a lunch box, or any way to get the message to them. She noted that this day is about making time to communicate love and commitment to our children. She announced that some Camp Fire girls were present to distribute blank stationery to those who were interested in participating. Suburban Cities Association - 1997 Legislative Update. Dr. Lynda Ring-Erickson, Executive Director of Suburban Cities Association of King County, was present to give a legislative update on not only the Washington State Legislature but also on what's happening in King County. She congratulated the City of Kent on the opening of the Regional Justice Center and expressed that it's a real honor to the City as it will make a great deal of difference on how the City develops. Dr. Ring-Erickson noted that Suburban Cities works a relatively limited legislative agenda trying real hard not to duplicate the work of the Association of Washington Cities. She explained that Suburban Cities may have a higher priority on certain issues or may be in a different posi- tion than other cities and that these are the issues she tries to keep members updated on. She noted that after tomorrow cities will know better of what they are working with because it's the deadline for bills to make it out of their houses of origin or they' ll be dead. She announced that the change in structure for the RTA Governance Legislation died in committee. Dr. Ring-Erickson noted that a memo was sent out regarding a proposition that would change the distribution of some of the motor vehicle excise tax from transportation to covering sales tax equalization, public health, and criminal justice. She explained that cities were asked to take a look at this proposition to see how relevant it is to their position. She noted that some research was done in terms of sales tax 2 Kent City Council Minutes March 18, 1997 PUBLIC equalization and found that most of the cities in COMMUNICATIONS King County stand to lose by this kind of adjust- ment. She explained, however, that there has not been any type of document prepared as of yet and that it would be an adjustment to the budget, not attached to a bill. She noted that this item will continue to be monitored. She explained that information received by the Association of Washington Cities is that it may not have much substance to it, but King County -Legislative staff believe there is some support among the County Association to move this type of proposal. She emphasized that this legislation would mean about $9, 000, OOO in lost revenues for King County cities and about $4, 000, 000 in revenue coming back into the cities. She also noted that the sales tax equalization for public health, and criminal justice additions would amount to about $4, 000, 000 while the city's loss to transporta- tion projects would be about $9, 000, 000. She noted that the different cities who have responded are not in favor of it and that the Suburban Cities Board will be discussing it tomorrow night. She encouraged the Council to put in writing or make a phone call on how the City of Kent feels about the issue. Dr. Ring-Erickson noted that the gambling tax (House Bill 1404) which would change the tax on gambling from the net to the gross is still alive and that it will have a significant impact on the City of Kent as is the case in a number of other cities. She informed the Council that the Police Officers Bill of Rights did pass out of the House either this evening or is anticipated to do so tomorrow, and that the Council may want to dis- cuss with the City Attorney on how it will impact the City. She noted, however, that the City of Kent does have some fairly well called out officer rights in their contracts as well as through the Civil Service Commission so this bill may have more impact on the smaller cities. She noted that Growth Management bills which have passed out of the House are a different position than what Suburban Cities has chosen to work on in King County, that the Governor will not sign any of these bills, and that there may be some advantages to having a Governor who has just recently come from working on Growth Management in King County. She mentioned that the Council may want to talk to their legislators about where 3 Kent City Council Minutes March 18, 1997 PUBLIC Growth Management is in terms of the financing COMMUNICATIONS governance piece for long term strategies, who will provide services, and how those services will be funded. Dr. Ring-Erickson noted that substitute House Bill 1076 is still alive which would subject all associations such as Suburban Cities or the Association of Washington Cities to the Open Public Meetings Act and some .audit requirements. She noted that the bill would add a financial and staff burden to associations, such as Suburban Cities, who are still primarily a one staff operation. She explained that the burden of advertising meetings countywide is very signifi- cant for an organization that runs on a budget of $150, 000 a year or less, and that it would have dramatic impacts on some of the bureaucratic requirements. Upon Mayor White' s question, Dr. Ring-Erickson noted that the warehouse tax exemption did die in committee, but that it might be attached to another piece of legislation and that they are trying to monitor it. She noted that the legislation would have crippling impacts for South King County, and she encouraged the cities to emphasize its impact to their legislators. Mayor White stressed that this would have an impact of about $1, 300, 000 in lost revenue a year to the City of Kent, and that that combined with the sales tax exemptions and gambling tax would be another $1, 500, 000 in lost revenue. She noted that those lost revenues coupled with the exemp- tions of the past two sessions on equipment and research and development turns out to be a fairly sizable impact to a number of the cities. Upon Clark's question, Dr. Ring-Erickson noted that the Association of Washington Cities has been received much better this year. She noted that there are legislators in Olympia now who have several sessions behind them and understand that the Suburban Cities role along with the Association of Washington Cities is not entirely parochial but also provides information to the different cities. She noted that many of the legislators have, over the interim, heard from several of their citizens who indicated that they were in cities because cities do a good job of 4 Kent City Council Minutes March 18, 1997 PUBLIC providing local service and voicing their con- COMMUNICATIONS cerns. She explained that the communication is much better than it has been the last two sessions. She noted for Clark that the State is looking at water resource, and that Suburban Cities believe there are at least two elected officials in King County who would like to see the County take over water resource. She noted that realistically the County probably still has a role that everyone accepts for the planning of water resource, but that Suburban Cities is still working within the Associations, the cities, and the City of Seattle to look for long-term water resource. She noted that it is restructuring itself to develop the actual infrastructure, and that a water resource roundtable is being formed under the GMPC to look at water governance and finance. She noted some concerns because Suburban Cities has not received a letter asking them to make appointments to that group. She noted that water resource will be discussed at the Suburban Cities Board Meeting Wednesday night because there are concerns about how it' s shaping up. She noted that Suburban Cities needs to give some thoughtful, decision making to who will represent cities on this panel. Upon Clark's question, Dr. Ring-Erickson noted that she has spoken to both the City of Covington and the City of Maple Valley, and that the can- didates in Maple Valley have asked her to help negotiate some office space for them. She noted that they are looking forward to some assistance from the City's leadership staff for their first couple of meetings. She noted that they are off to a good start with these two groups, and that the swearing in ceremonies will be held the first week in May. She expressed hope that the City Council would be able to attend these ceremonies. Mayor White informed the Council that he has offered to both the cities of Covington and Maple Valley temporary, short-term help in any areas needed from city staff. He explained that it would be for only a week or two, but not a long term situation just to help them get up and running. Dr. Ring-Erickson noted that a City Manager, City Attorney, and City Clerk are the three who would be needed for a meeting or two while they get professional advice on how to hire 5 Kent City Council Minutes March 18, 1997 PUBLIC and who to hire. She noted that the two cities COMMUNICATIONS have been provided with an information packet on what to look for in a City Manager as well as how to evaluate a City Manager candidate. She noted that cities that have spent a week or two going through this process seem to have come up with people who have had more of the experience that could lead them through to completion of their contracts with the County in a timely manner. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through I be approved. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) AARproval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 4, 1997 . STREETS (CONSENT CALENDAR - ITEM 3C) LID 348 - 64th Avenue South (S. 226-S. 216) Street Improvements. ADOPTION of Resolution No. 1488 setting April 15, 1997, as the date for a public hearing on the formation of LID 348 - 64th Avenue South Street Improvements, as recommended by the Public Works Committee. ZONING CODE (OTHER BUSINESS - ITEM 4A) AMENDMENT Home OccuRation Standards Zoning Code Amendment ZCA-96-8 - Regulatory Review. The Land Use and Planning Board has recommended amending the Zoning Code standards for home occupations. The Planning Board held a public hearing on this matter on February 24, 1997. Fred Satterstrom, Planning Manager, pointed out that this item stemmed from a Regulatory Review filed by Sue Olson who lives on Kent's East Hill. He explained that it went before the Planning Committee and that they referred it to the Land Use and Planning Board. He noted that after a public hearing was held, it was recommended to amend the City of Kent' s Home Occupation Regulations. He explained that the amendment would allow in-home teaching of music in groups after an applicant applies for a special home occupation permit which would go before the Hearing Examiner. He noted that it seemed to be a fairly common practice among other jurisdic- tions in certain situations and that this amendment is modeled after the City of Auburn's regulations. 6 Kent City Council Minutes March 18, 1997 ZONING CODE Satterstrom explained that when the ordinance is AMENDMENT written the application will go before the Hearing Examiner who will issue the decision on the permit along with any conditions that may be placed on the approval of that special home occupation permit. He further explained that the actual issuance of the home occupation permit would continue to be done by the Planning Department. ORR MOVED to approve Kent Zoning Code Amendment ZCA-96-8 as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Johnson seconded the motion. Ted Knapp, 824 Marion Place, displayed some photographs of his neighborhood and noted that the City of Kent is considering changing the current laws allowing increased customer traffic to home businesses. He noted that when he purchased a house nine years ago it was located in a cul-de-sac and that he felt it was one of the safest locations to raise a family. He noted that modifying the existing parking laws will increase the risk to his child's safety and well- being, and that current laws call for no more than one customer visit at a time to any home business. He explained that several neighbors in his area feel that Ms. Olson is in violation of this law because she conducts music classes with up to eight children at a time. He noted that the parents who drive their children to these lessons often remain in the cul-de-sac during the entire class which restricts traffic flow, reduces visibility, and endangers the neighbor- hood children at play. He also noted that Ms. Olson is required by law to use her driveway for the initial parking of her customers, and that she claims to use up to six spaces in her driveway. He noted that the extra cars spill out into the street, park on lawns, within 5 ft. of driveways, or within 10 ft. of U. S. mailboxes causing missed mail deliveries, and that some cars are faced against the flow of traffic. He noted that Ms. Olson's customers make U-turns in the elbow of the L-shaped cul-de-sac which is a wide turn that passes right in front of his driveway. He also noted that 1/2 of the neighborhood residents signed a petition that Ms. Olson circulated stating that her business 7 Kent City Council Minutes March 18, 1997 ZONING CODE did not bother them but that these were residents AMENDMENT who lived the furthest away from her business. He noted that no resident adjacent to or within three houses of her's signed the petition and, in fact, some of them were not even offered the petition. He noted that no signators spoke on behalf of Ms. Olson at the Land Use and Planning Board meeting in February but all those opposed did, and that this is not a case of half and half because no resident nearby Ms. Olson's approves of her actions. He noted that many neighbors feel it is time for Ms. Olson to operate within the existing laws and move her apparently suc- cessful business to a commercial site. He explained that all of the photographs shown were taken after the Land Use and Planning Board meeting in February. Jesse Cadena, 822 Marion Place, noted that he opposes the approval of this request for the same reasons that Mr. Knapp spoke about. He noted that Ms. Olson had sent a form letter to the neighbors with a note at the bottom informing them that she has obtained legal counsel, who advised her that the street is a public right-of- way and that people may park where they wish. He noted that it also advised that any further contact with her clients would result in Police notification. He explained that he has not had any contact with her clients whatsoever and that she added in the note that his truck is parked on the corner and she recommends that it be moved about 5 ft. forward. He noted that her customers can park wherever they want to and then she tries to enforce the parking for the rest of the cul-de-sac. He noted that he moved into this neighborhood 20 years ago for the peace and quiet of a cul-de-sac and now it's being overrun with people coming and going at all hours of every day. Patsy Braseth, 807 Marion Place, noted that she lives to the right of Sue Olson, has lived in this neighborhood for 19 years, and that one of the reasons they moved to the cul-de-sac was because there wouldn't be any through traffic. She noted that the cul-de-sac is small with very few legal parking areas in it, even for the residents. She noted concerns that Ms. Olson has ignored the zoning laws regarding the music enterprise she retains within her home. 8 Kent City Council Minutes March 18, 1997 ZONING CODE Ms. Braseth explained that in late August and AMENDMENT early September of 1996, neighbors' concerns were brought to Ms. Olson's attention, suggestions were made to her that could help the congestion, safety hazards, and inconvenience brought to the neighborhood from her music enterprise. She noted that it was essentially a flyer given to Ms. Olson' s customers advising them of zoning laws and common courtesies within the neighbor- hood. She noted that Ms. Olson ;ignored the flyer and went to the Council meeting in September, 1996, to change the zoning laws regarding her home business, and that on January 13th a Planning Meeting was held which was not open for public speaking. She noted that Fred Satterstrom's comments gave a very condensed version of neighborhood concerns. Ms. Braseth noted that on February 24th a Planning Meeting was held which was open for public comments but even though the neighbors spoke of their concerns it was very apparent that Council had decided to update zoning laws regarding home businesses. She noted that Ms. Olson has been in violation of the zoning laws regarding her home business since its inception (approximately three years) , and that the Council has allowed her to continue to violate the governing zoning laws. She reiter- ated that her personal concerns are traffic, parking, safety, and the inconvenience to the immediate neighbors. She noted that citizens should have the right to earn a living at home, but when the rights of others are doomed it is time to rent space outside the neighborhood which would support the type of traffic Ms. Olson' s music business generates. Lanette Knapp, 824 Marion Place, noted that this situation is "A Nightmare on Marion Place. " She expressed that she is in strong opposition against the City allowing the increased traffic into their private neighborhood of Kent. She noted that the Planning Commission put her in an uncomfortable spot to provide evidence of what was going on in the cul-de-sac but that the illegal things going on are not fair to the neighbors either. She questioned why one special person is allowed to continually break existing laws, and noted that if her daughter was involved in a private class situation where many neighbors were upset about parking problems she would immediately remove her from the class. She 9 Kent City Council Minutes March 18, 1997 ZONING CODE noted that there are plenty of businesses within AMENDMENT Kent with excellent programs for children. Sue Olson, the business owner in Marion Place, noted that she does recognize a home business impacts a neighborhood and that because of the impacts she has made an effort to communicate with the neighbors and hear their concerns. She noted that most of the classes are scheduled during the day when the cul-de-sac is quiet and the neighborhood children are in school. She also noted that this year she purposely selected class times that would not interfere with the mail being delivered and has tried to be pro- active in working through these neighborly concerns. She noted that unfortunately a few neighbors have chosen a spirit of dissention rather than a spirit of cooperation, and that the personal issues involving her business are ones that should be addressed before a Hearing Commissioner. Ms. Olson noted that music, art and dance instructors provide a valuable service to the community, and that statistics show children who are exposed to the fine arts, especially music, at an early age do better academically. She noted that Jr. High and High School students involved in music have better attendance, higher grades, get in less trouble at school, and have less suicide rates. She further noted that parents want their children to succeed and hopefully these home studios will help children become successful adults who know how to interact appropriately with each other and feel good about themselves. She noted that having a home business seems to be the wave of the future with more people desiring to work out of their homes, and that there are other teachers out there who are wanting to work with small groups of children rather than a large classroom. She explained that another benefit of a home studio is that it will enable children to interact with adults who value these educational opportunities for their children. She noted that teaching out of her home has enabled her to start her business with just a very few children and gradually increase the clientele to where she is almost self- supporting. She noted that she could never have fulfilled this dream if she had to rent a studio 10 Kent City Council Minutes March 18, 1997 ZONING CODE place and that there are other teachers out there AMENDMENT who share the same vision. She noted that the permit will enable these people to have the same opportunity and chance for success that she has had. She noted that even though a variance or a permit will have limitations for a home studio business she believes that the limitations are better than total prohibition. She then thanked the Council for their consideration of this matter. Upon Clark' s question, Ms. Olson noted that there are quite a few things she disputes about the evidence presented tonight but that she didn't want to get into the accusations, statements, etc. at this time. She noted for Clark that she would take a look at the pictures presented which were taken after the Land Use and Planning Board's meeting in February, if needed. Mayor White noted that a public hearing has been held on this item and that this is a decision that Council must make. Ted Knapp noted that the photographs presented are date stamped and were processed after the last meeting. He noted that these aren't wild accusations and that he hoped the Council wouldn't think that if they don't allow this to happen that there will be any children suicides. Orr noted that this zoning code amendment recommendation is not set up for Ms. Olson exclusively. She explained that she believes it's an issue that will become more prevalent and happen more often in the future as people decide to work out of their homes and that giving music lessons is just one of the examples. She explained that the Land Use and Planning Board did hold a hearing and after considerable discussion decided that the City of Kent needed to take a look at the broader issue. She noted that Ms. Olson may go before the Hearing Examiner and everyone is certainly welcome to testify there regarding their concerns, but she feels the City needs a mechanism to deal with those kinds of issues. Orr expressed that it is probably the fairest and best way to deal with this issue because it is taken into an objective setting, the Hearing Examiner goes out to the site, and makes a decision based on what's best for the neighborhood or community at large. She 11 Kent City Council Minutes March 18, 1997 ZONING CODE explained that if conditions are placed on AMENDMENT permits and the conditions are not met then the City has a mechanism in place to deal with the business at that time. She noted that Ms. Olson should be commended for bringing this issue to the City. Orr noted that the Land Use and Planning Board determined this was the best and most fair way to deal with these issues and that she will support the motion. Johnson noted that he agreed with Orr because he felt the broader issue needs to- be looked at and not this one specific case. He noted that this specific case will be revisited at the Hearing Examiner level and ultimately at the Council level. He felt the Council should support this motion because there are several situations that would benefit the community and the neighborhoods. Mayor White noted that the motion before the Council is to approve Kent Zoning Code Amendment ZCA-96-8 as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. The motion then carried unanimously. COUNCIL (CONSENT CALENDAR - ITEM 3I) (ADDED BY COUNCILMEMBER HOUSER) Excused Absence. APPROVAL of an excused absence from tonight's meeting for Councilmembers Bennett and Woods. PARKS & (CONSENT CALENDAR - ITEM 3E) RECREATION Surplus of Beeson/Cavendar House. AUTHORIZATION to surplus, demolish, and remove the Beeson/ Cavendar house for construction of a parking lot for the future Kent Historical Museum, as approved by the Parks Committee. POLICE (CONSENT CALENDAR - ITEM 3H) Jail Services Contract with City of Bonney Lake. AUTHORIZATION to enter into a Jail Services Contract with the City of Bonney Lake for handling their Electronic Home Detention and Work Release individuals. All costs associated with the contract are covered by the fees charged for the individuals to participate. There will be no impact to the Corrections Facility general population. 12 Kent City Council Minutes March 18, 1997 RECYCLING (CONSENT CALENDAR - ITEM 3D) Ring County Grant Agreement - Special Recycling Events. AUTHORIZATION for the Mayor to sign the King County Grant Agreement for Special Recycling Events, and direct staff to accept the grant and establish a budget in the amount of $12, 074 . 00, as recommended by the Public Works Committee. APPOINTMENTS (CONSENT CALENDAR - ITEM 3F) Civil Service Commission. CONFIRMATION- of the Mayor's appointment of Tim Gimenez to serve as a member of the Kent Civil Service Commission. Mr. Gimenez and his family are Kent residents and his children attended Kent Schools. He is the owner of TJ' s Sports Cards on Meeker Street where he has been in business for eight years. He currently serves on the Board of Directors of the Kent Downtown Partnership and has served as a member of CBAG, a Regional Justice Center Citizen Advisory group. Mr. Gimenez's term will continue until 4/30/98 . (CONSENT CALENDAR - ITEM 3G) Arts Commission. CONFIRMATION of the Mayor' s appointment of Lilly Y. Kato to serve as a member of the Kent Arts Commission. Ms. Kato was born and raised in Kent. Moving from a farm in the Kent Valley, Ms. Kato and her family currently reside on the East Hill in Kent and her children attended Kent schools. She had a career in real estate sales until her retirement in 1990. Through the years Ms. Kato has been active in PTA, 4-H, is active in the Kent-Kaibara Sister City Association, and is associated with the White River Buddhist Temple where she serves as President of the Women' s Association. She is on the Board of Directors of the Kent Historical Society and is involved in the "Public Artwork to Honor the Japanese-American Community" project. Ms. Kato's appointment will continue until 10/99. FINANCE (CONSENT CALENDAR - ITEM 3B) _Aoyroyal of Bills. No vouchers were approved because of schedule changes. 13 Kent City Council Minutes March 18, 1997 Ravroll for FINANCE Approval of checks February 16 through 1February ssued r28, 1997 and paid on March 5, 1997: Date Check Numbers Amount 3/5/97 Checks 217971-218286 $ 268, 155.22 3/5/97 Advices 43545-43991 1-10, 08 $ g62 ,265. 30 REPORTS Operations Committee. Johnson--noted that the next Operations Committee meeting will be held tomorrow afternoon at 4: 30 p.m. public Works Committee. Clark noted that the next meeting will be held at 3 : 30 p.m. tomorrow afternoon. Planning Committee. Orr noted that the next Planning Committee meeting will be held on April 15th at 4:00 p.m. public Safety Committee. Orr suggested that as Council gets closer to preparing the budget for next year, they take a very comprehensive look at the Public Safety needs. She noted that if the newspaper report was correct about a week ago, this area has experienced a 26% increase in crime and that she has not heard that figure disputed. She noted that this is not meant to be a criti- cism of the Police Department because they are doing the best job they can do but with the recent annexations, the Police Department may be stretched a little thinner than desired. She noted that only one officer was added per 1000 population given the new annexation area which was probably not quite enough. She felt that Council should probably make this issue a higher priority and give it some serious thought for the next budget cycle. EXECUTIVE Administrative Revorts. At 8: 00 p.m. City SESSION Attorney Lubovich announced that there will be an executive session of approximately 15-20 minutes on property acquisition and pending litigation. He noted that he anticipates action on the pending litigation matter. The meeting reconvened at 8:25 p.m. 14 Kent City Council Minutes March 18, 1997 DEFENSE psuding Litigation. HOUSER MOVED to authorize FUNDING the City Attorney to negotiate and enter into a AGREEMENT defense funding agreement with CIGNA Companies, Guarantee Insurance Company, Lincoln Insurance Company, and Safeco under terms and in a form substantially similar to the proposed agreement which is hereby made part of the record for the purpose of defending the Kent Highlands lawsuit. Epperly seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:26 p.m. �"' Donna Swaw Deputy City Clerk 15