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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/16/1997 Kent, Washington September 16, 1997 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Clark, Epperly, Houser, Johnson, Orr and Woods, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Parks Director Hodgson, and Employee Services Director Viseth. Councilmember Bennett was excused from the meeting. Approximately 100 people were at the meeting. The flag salute was led by Cub Scout Pack 504, Al Rubeck, Leader. PUBLIC Revional Justice Center Report. Art Wallenstein COMMUNICATIONS Director of the King County Division of Adult Detention, explained that the County has worked closely with the City for three years on this facility, and that they have become a part of Kent. He noted that there was recently an escape and apologized to the Mayor, Council, citizens of Kent, and others they have worked closely with. He said there will be a public meeting at 8: 00 p.m. tomorrow where Ron Sims will discuss a report relating to the nature of the escape and the remedial projects to ensure that it never happens again. Wallenstein noted for Clark that the Kent Police Department was notified within seconds of verification that two people had escaped. Upon Orr's question, he said it would have been inappropriate to tell the Police Department of the escape before they did a count. He said that details of the escape will be discussed at tomorrow's meeting. He said they will consult with the Police Department as to safety improve- ments, and emphasized that collaboration between the County and the City has been exemplary. Wallenstein agreed to report back to Council when security measures are in place. Constitution Week. Mayor White read a pro- clamation noting that this year is the two hundred tenth anniversary of the signing of the Constitution. He declared the week of September 17-23, 1997, as Constitution Week in the City of Kent, and encouraged all citizens to reflect on the many benefits of the Federal Constitution and the privileges and responsi- bilities of American citizenship. He presented the proclamation to Peggy Eisaman of the Daughters of the American Revolution, who expressed appreciation for the interest and help from the City. 1 Kent City Council Minutes September 16, 1997 PUBLIC National Payroll Week. The Mayor read a pro- COMMUNICATIONS clamation declaring the week of September 15-19, 1997, as National Payroll Week in the City of Kent and encouraging all citizens to appreciate all the procedures involved in preparation of payroll checks. He noted that payroll profes- sionals act as an important and valuable link between employer and employee, and presented the proclamation to Holly Enfield of the City's Payroll Department. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through T be approved, with the exception of Item 3H, which was removed by Councilmember Clark. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) ARproval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 2 , 1997. PUBLIC WORKS (OTHER BUSINESS - ITEM 4A) Puget Sound Energy Conversion Agreement. As a requirement of the Lakes Development, South 228th Street is being improved. This improvement includes converting PSE' s overhead facility to underground, which required execution of an agreement with PSE. The developer, Polygon, has paid all costs. Council approved the agreement at its last regular meeting on September 2nd, but since that time, the City and PSE have had to amend the agreement regarding cost allocation if the facilities must be relocated in the future. The Public Works Director recommends that the Mayor be authorized to sign the Conversion Agreement with Puget Sound Energy, as amended, and that a budget be established for same. CLARK MOVED that the Mayor be authorized to sign the Puget Sound Energy Conversion Agreement and establish a budget for same. Woods seconded and the motion carried. SEWERS (CONSENT CALENDAR - ITEM 3F) Charge in Lieu of Assessment. AUTHORIZATION for the Public Works Department to revise the charge in lieu of assessment 149 to reflect a modified service area and refund the previously paid charge in lieu of assessment, as recommended by the Public Works Committee. 2 Kent City Council Minutes September 16, 1997 SEWERS While upsizing the sewers along Benson Highway & SE 256th Street, the Public Works Department levied a charge in lieu of assessment on those properties that would benefit it. However, in one area properties are now draining into a different system, thereby not benefitting from the sewer upsizing. PARKING (CONSENT CALENDAR - ITEM 3R) 3rd Avenue Traffic Restrictions and Loading Zone ESTABLISH a loading zone on the east side of Third Avenue between Saar Street and Titus Street fronting the school complex auditorium, establish school zone signs and appropriate locations in the vicinity of Third Avenue and Saar Street, and post the intersection of Third Avenue and Saar Street as a four-way stop; and ADOPTION of Ordinance No. 3363 amending the City's Parking Code to set forth the Traffic Engineer's authority to establish loading and passenger loading zones in the City, as recommended by the Public Works Committee. TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3H) (REMOVED BY COUNCILMEMBER CLARK) Downtown Traffic Patterns Task Force. The Public Works Committee has recommended that staff create a task force for the purpose of studying downtown traffic patterns and reporting back to the Committee by the second meeting of March, 1998. Clark expressed concern about the Regional Transit Center and its potential impact on traffic in downtown Kent. He noted that Administration has since received a request from the Regional Transit Authority to also initiate a study of the downtown traffic patterns as caused by the Regional Transit Center. Mayor White explained that the City is working with the RTA on this. Clark agreed that it should be a joint effort and MOVED to make the Traffic Study Task Force the same group as the group requested by the RTA. Woods seconded and the motion carried. (BIDS - ITEM 5A) Central Avenue South & Pioneer Street Traffic Signal System. The bid opening for this project was held on September lath with four bids received. The low bid was submitted by Signal Electric, Inc. in the amount of $27, 500. 00. The Engineer's estimate was $52 , 386.50. 3 Kent City Council Minutes September 16, 1997 TRAFFIC CONTROL This project consists of a complete traffic signal system at the intersection of Central Avenue South & Pioneer Street. The Public Works Director recommends that the Central Avenue South & Pioneer Street Traffic Signal System contract be awarded to Signal Electric, Inc. CLARK MOVED that the Central Avenue South & Pioneer Street Traffic Signal System contract be awarded to Signal Electric, Inc. for the bid amount of $27, 500. 00. Houser seconded and the motion carried. (BIDS - ITEM 5B) Interurban Trail Signals. The bid opening for this project was held on September filth with four bids received. The low bid was submitted by Prime Electric, Inc. in the amount of $73 ,936. 00. The Engineer' s estimate was $135,900.00. This project consists of installing a traffic signal system complete at Meeker Street & Interurban Trail, Smith Street & Interurban Trail and, South 228th Street & Interurban Trail. The Public Works Director recommends that the Interurban Trail Signals contract be awarded to Prime Electric, Inc. CLARK MOVED that the Interurban Trail Signals contract be awarded to Prime Electric, Inc. for the bid amount of $73 , 936. 00. Orr seconded and the motion carried. REGIONAL (OTHER BUSINESS - ITEM 4D) TRANSIT (ADDED BY COUNCILMEMBER ORR) AUTHORITY Regional Transit Authority. Orr stated that because of a 1994 letter sent by the Mayor suggesting the north site as the recommended site for the RTA station, and the results of the City's recent Strategic Action Plan consultants recommending the north site, that the Regional Transit Authority was now looking only at the north site as part of their study and review. She noted that there is a considerable amount of interest in the south site, and MOVED to have a letter drafted which would be signed by Council President Houser and Planning Committee Chair Orr 4 Kent City Council Minutes September 16, 1997 REGIONAL to the Regional Transit Authority requesting TRANSIT formally that they look at both the north and the AUTHORITY south sites in their review, so that there is a clear picture of which would be the better of the two sites from their prospective. Woods seconded and the motion carried. PUBLIC SAFETY (CONSENT CALENDAR - ITEM 3I) Freight Trains Warning Signs AUTHORIZATION for staff to explore the possibility of developing an advanced warning system of freight train traffic passing thru Kent, as recommended by the Public Works Committee. BICYCLES (CONSENT CALENDAR - ITEM 3G) Downtown Free Bicycle zone. AUTHORIZATION for staff to establish a viable plan to implement a free bicycle zone with a report back to the Public Works Committee by the end of January, as recommended by the Public Works Committee. This item has been presented to the Bicycle Advisory Board, who concurred. COMMUNITY (PUBLIC HEARINGS - ITEM 2A) DEVELOPMENT 1998 Community Development Block Grant Program BLOCK GRANT This date has been set to consider the adoption of the proposed 1998 Community Development Block Grant (CDBG) Program, including the contingency plans for estimated entitlement changes, as recommended by the Planning Committee. Carolyn Sundvall, Block Grant Coordinator for the City of Kent, explained the Block Grant program and outlined the proposed 1998 program and pro- jects which have been recommended for funding as follows: City of Kent 1998 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Total Estimated Capital Funds: $383,932 Total Estimated Planning & Administration Funds: $ 67,455 Total Estimated Public (Human) Service Funds: $ 72,579 Total CDBG Funds: $523,966 Capital Applications Recom®ended City of Kent Home Repair Program $236,943 5 Kent City Council Minutes September 16, 1997 COMMUNITY City of Kent Parks & Recreation: DEVELOPMENT Turnkey Park, ADA 60,000 BLOCK GRANT City of Kent Parks & Recreation: Russell Road Park, ADA 38,000 Easter Seals: Rental Access Modification 18,989 King Co Housing Authority: Shelcore Emergency Housing Rehab 30,000 Total Capital $383,932 Public (Human) Service Applications Recommend Community Health Centers: Primary Medical $ 18,877 Community Health Centers: Natural Medicine Clinic $ 5,087 Elderhealth Northwest, Connection Adult Day Care $ 5,595 Emergency Feeding Program $ 10,822 YWCA: Domestic Violence Housing $ 32,198 Total Public (Human) Services $ 72,579 Planning & Administration $ 67,455 TOTAL CDBG FUNDS $523,966 1998 Human Service Contingency Plan: If Kent's CDBG Human Services dollars increase from the current estimate, then each program's funding will be increased proportionately. If Kent's CDBG Human Service dollars decrease from the current estimate then: Each program's funding will be decreased proportionately with the exception of the Community Health Center, Natural Medicine Clinic which will not be reduced below the minimum funding level of $5, 000. 1998 Capital Contingency Plan: If Kent's CDBG Capital dollars increase from the current esti- mate then that increase will be carried over into 1999 funding. If Kent's CDBG Capital dollars decrease from the current estimate then: First: City of Kent, Turnkey Park will be reduced to the requested amount. Second: King County Housing Authority, Shelcore Emergency Housing will be reduced up to $5, 000. Third: Further decreases will be distributed proportionately among all programs. Mayor White opened the public hearing. Linda Rasmussen, Regional Director for the South King County YWCA, 1333 W. Morton, Kent, thanked the Council for considering their request for human 6 Kent City Council Minutes September 16, 1997 COMMUNITY services support. Jennifer Thunev, Elderhealth DEVELOPMENT Connection, thanked the Council for considering BLOCK GRANT their request for funding. Arthur Lee, Executive Director of the Emergency Feeding Program, expressed appreciation for the City's continued funding and support. There were no comments and HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. ORR MOVED to adopt the 1998 CDBG Program, including the contingency plans for estimated entitlement changes, as recommended by the Planning Committee. Woods seconded. Orr thanked the staff, Human Services Commission and agencies who participate and provide services. Her motion then carried. ANNEXATION (PUBLIC HEARINGS - ITEM 2B) ZONING Meridian valley Annexation Zoning and Area comprehensive Plan Amendments - AZ-97-1 and CPA-97-1. On August 25, 1997, the Land Use and Planning Board held a public hearing on both the Annexation Zoning Map Amendments and the Comprehensive Plan Amendments for the Meridian Valley area. This is the first of two public hearings to be held by the City Council pursuant to State law. The second hearing is scheduled for October 21, 1997 . Matt Jackson of the Planning Department explained that when this area was annexed to the City, it was assigned an interim zoning of SR 2, which allows for single family development on about two units per acre. He noted that staff presented the Land Use and Planning Board with two zoning alternatives and two land use plan alternatives, and that considerable public comment was received. Jackson noted that two pieces of additional correspondence were received, one from Gerald Dulz requesting MRG for his property and one from Barghausen Consulting Engineers representing Bill Ruth and Jack Guinn who request MRG zoning for their property. HOUSER MOVED to make the corres- pondence a part of the public record. Woods seconded and the motion carried. Later in the meeting, ORR MOVED that a letter from the Haggard Law Office be made a part of the record. Johnson seconded and the motion carried. 7 Kent City Council Minutes September 16, 1997 ANNEXATION Jackson displayed a map showing the proposed ZONING zoning and noted that the majority of the annexation is recommended for SR 4 .5, single family residential with about 4 .53 units per acre density. He noted that this includes both the Meridian Valley Country Club, the subdivisions abutting it on all sides, and an area extending south of 240th. He explained that most of this property was zoned R4 in the County, which is a density of four units per acre, and is the closest match with the City's. Jackson said that there is an area which was zoned for approxi- mately one unit per acre in the County that is also shown on the map as SR 4 . 5, and a small area which was changed from a lower single family to a little higher density single family, and the Board felt that there was no significant dif- ference between the properties located in those two areas and the properties that they are located next to with proposed zoning of SR 4.5, noting that they felt it should be consistent. He said the area with the lowest density is a large lot located in the southeast corner of the annexation and an area in the northeast side of the annexation which are encumbered by steep slopes, and that the Board recommended SR 1 zoning for them, allowing for single family residential one unit per acre. Jackson noted that there is commercial develop- ment at the intersection of 132nd Avenue S.E. and S.E. 240th Street, and that the Board recommends keeping Community Commercial there. It was zoned Neighborhood Business by the County, and Jackson noted that the one difference is that the Board recommends extension of the commercial zoning to include four parcels south along 132nd Avenue S.E. which was formerly multi-family (R 18) in the County and extend it to a lot which is being used as a day care which also had multi family zoning in the County, and a lot which surrounds the existing BP gas station which had an R 48 designation which is shown in the alternative as commercial. He noted that Wandering Creek Apartments and several parcels south and east of it are recommended for MRD which is duplex multi-family. He said it is about 10 units per acre density and that it allows for a single family house on a 8 Kent City Council Minutes September 16, 1997 ANNEXATION minimum lot of 5,700 sq. ft. or a duplex on a lot ZONING of 8,500 sq. ft. He said that an existing apartment complex is proposed for MRM zoning, multi-family at 23 units per acre, which is built at 23 per acre. He noted that there are two parcels shown with an SR 1 recommendation, one of which is owned by King County and will be used as a detention facility. He pointed out the Puget Sound Energy substation which has no development potential. He said that the area which sur- rounds it, Mr. Dulz' s property, and another area is recommended for SR 8 which is a good transi- tion from the higher intensity development around the commercial node. He said the general theme is to maintain a density which is urban in nature but provides for more opportunities for single family housing. Jackson explained that land use is the long range vision, and that it allows for some opportunities for rezones. He displayed a map and pointed out the area designations and recommendations. Dennis Hogan, 24307 129th Avenue in Chancellor Crest, said the people in the neighborhood request that the areas held by Finkbeiner Development and an adjacent area be held to SR 6. He said their feelings are focused on services, revenues to the City, schools and quality of life. He said the higher the density, the lower the revenues per person in the higher density areas. He also requested that the Council consider using a portion of the property for a neighborhood park, and noted that there are no safe streets in the area. Mayor White noted that the public hearing is open. Polly Mackey, 12859 S.E. 240th, said their property was zoned for apartments when it was in the county, but that the recommended zoning has lowered the value of the property. She requested that their property be rezoned back to MRG which is what is was when it was part of the county. Frank Wiemes, 13426 S.E. 240th, said his property was zoned R 12 with duplexes, and that it has been down zoned to R 8 . He asked the Council to review this and split the difference and zone his property MRD or MRG. Jim Olive. 24331 129th S.E. , Chancellor Crest, urged the Council to 9 Kent City Council Minutes September 16, 1997 ANNEXATION consider SR 6 zoning and to consider another ZONING street entering the location. He stated that children in Kent schools are transferred from one to another because they are full, and said more parks are needed. Mayor White noted for Olive that the City is looking into lighting the fields at Kent Commons to increase usage. Upon a question from Fred Villaflor, 24323 129th Avenue S.E. , Chancellors Crest, it was clarified that the detention facility mentioned earlier is for storm water. Scott Hytrek, 24224 129th Avenue S.E. , voiced concern about densities, traffic, schools, property values, and storm drainage, and suggested that density be limited to SR 6. He also spoke in favor of a neighbor- hood park. Mike Levy, Attorney, 9403 44th Avenue SW, Seattle, representing William Finkbiener, said that Finkbiener is purchasing the Mackey property and owns other property in the area, all of which were multi-family. He said the recom- mendation is to lower the densities, and that he believes the Planning Board has made an error. He said both the Meridian Valley and Chancellor Crest communities seem to be opposed to multi- family, and wondered why. He said if there is any multi-family, the access would be through 240th and not through Chancellor Crest. He said reducing the zoning to duplex is an error, as duplexes are not built or sold today. He pointed out that the Soos Creek Community Plan was passed by the County in 1991 with public input, and that in 1994-95 after public input the Comp Plan was adopted. He said that the City's Planning staff recommended the area, with the exception of the Mackey property, for multi-family MRG, and that the Potential Annexation Area also recommended MRG. He urged the Council to return the zoning to MRG. Gary Clusserath, a resident of Chancellor Crest, noted that he had lived in an apartment in the area and that crimes occurred there regularly. He asked the Council to take that into considera- tion. Tudor Gherle, 12815 S.E. 240th, Chancellor Crest, requested that he be allowed to make an entrance on 241st, as he is considering subdivid- ing the lot and building a new house. He noted that he would be short approximately 1000 sq. ft. Rick Bowles, 24034 129th Court S.E. , Chancellor 10 Kent City Council Minutes September 16, 1997 ANNEXATION Crest, agreed with most of his neighbors in ZONING regard to keeping development down and building a park. Dee Swenson, 24111 135th Avenue S.E. , Meridian Valley, spoke in opposition to apart- ments in the area and said the zoning should be R 6 or SR 4, and asked for a transition area. Will Kelly, 24332 129th Avenue S.E. , Chancellor Crest, asked that the zoning be SR 6. He noted that nice people live in apartments, but that apartments affect schools, crime rate, the neighborhood and the city. Jody Charlton, 24103 135th Avenue S.E. , Meridian Valley, was opposed to apartments, stating that they will lower property values, increase her concern for safety, increase drainage and flooding, and increase traffic. She urged the Council to keep single family zoning. Martin Durkan, Jr. , 22401 Sweeney Road, Maple Valley, representing the Finkbiener Company, noted that currently the City of Kent is approximately 53% multi-family and 42% residen- tial. He said the area being discussed tonight is 72 . 5% residential and 27.5% multi-family. He said that Kent' s Comprehensive Plan wants to ensure an equitable distribution of housing throughout the community and region, and wants to promote a wide range of housing to meet the needs of the diverse population and insure this housing is available throughout the community for people of all income levels and special needs. He said that a decision was made to zone this property multi family to serve as a buffer to the commer- cial development. He said that substantial funds were put into drainage in the area and substan- tial infrastructure is being built there now, based on the proposed densities that were on the land. He opined that multi family should go in the area, noting that bus lines and infrastruc- ture are there. He suggested working out a compromise. Bill Ruth, 12410 S.E. 248th, owner of properties north of the shopping center on the east side of 132nd, said that he and his partner believed they could develop the property into a multi family project with a density of R 18. He said the Planning Boards recommendation is that it be down zoned to R 8, which dictates a narrow lot. He noted that there are wetlands and a creek, and 11 Kent City Council Minutes September 16, 1997 ANNEXATION proposed to develop the property consistent with ZONING the 1995 Comp Plan. He said the zoning should be MRG and that they would limit the density to 48 units. He provided copies of a letter from Joel Haggard offering to meet with staff to go over the details. Susan Olive, 24331 129th Avenue S.E. , Chancellor Crest, said she would like zoning of SR 6, and was opposed to apartments being built in the area. Bud Hebeler, 24600 140th Avenue S.E. , Meridian Valley, said that the communities in the area were unhappy that the County had ignored their comments, and noted that they were required to invest large sums to improve the Meridian Valley tributary. He said that most people are opposed to higher density housing. Holly Cochran, 12808 S.E. 243 St. , said it is exciting to have a voice in this, and urged the Council to keep the property behind theirs zoned for single family. June Moody, 12824 S.E. 243, Chancellor Crest, voiced concern about traffic, the safety of children, school population, and parks, and asked for R 6 zoning. Pelly Chinn, 12834 S.E. 243 , Chancellor Crest, reiterated the concerns of his neighbors in regard to SR 6 zoning and the need for another park. Ethel Marshall, 24324 129th Avenue, Chancellor Crest, spoke against apartments due to crime and lower property values. She voiced concern about school capacity and boundaries. Wayne Thuringer, 858 1st Avenue North, said that apartments often change ownership, construction is not always adequate, maintenance is not always done, and that there are no warranties longer than a year. He said he would like to see a standard imposed ensuring that a developer who makes an investment in this community is obligated longer than one year. Dave Scholzen, 24216 129th Avenue S.E. , noted that he is concerned about property values regarding the Finkbiener property, the Mackey property, and a third development along 132nd. He said he would rather have a buffer of homes and trees than a buffer of apartments and condominiums. He said that he would like SR 6 zoning, that 132nd and 240th are packed during rush hour and that apartments would make it worse, that development will increase flooding 12 Kent City Council Minutes September 16, 1997 ANNEXATION problems, and that a park is needed. Dave ZONING Lindgren, 12800 S.E. 241st, Chancellor Crest, said he is concerned with crime and requested zoning of R 6. Fred Layering, 24430 140th Avenue S.E. , Meridian Valley, agreed with the comments made by Chancellor Crest residents, and pointed out that there has only been one speaker who lives in the area in favor of higher density. He said that all of the property which would be given higher density drains into a creek and that flooding will result. Michelle Gross, 12841 S.E. 242nd Court, Chancellor Crest, said she would like single family zoning and noted that there has been crime in the area involving an apartment complex nearby. She said that Finkbiener had promoted single family homes, but is now talking about apartments. Dan Deaver, 24114 129th Avenue, Chancellor Crest, said their neighborhood is unique and that higher density housing behind them would destroy it. He urged that the zoning be SR 6. Fred Anderson, 13462 S.E. 242 St. , Meridian Valley, noted that there are many apartments in the area, that additional high density housing would affect flooding, that there is a negative impact on schools, and that the issue is quality of life. Michael D. Atlev, 24121 135th Avenue S.E. , Meridian Valley, agreed that flooding would be affected by multi family housing, and that multi family would change the feeling of security that presently exists. Mark Deno, 24310 129th Avenue S.E. , Chancellor Crest, said his main concern is the safety of children and noted that traffic in the area is dangerous. He also noted that many of the people in attendance tonight were active in annexation efforts because they would have better representation by the City of Kent. He asked that the quality of education be upheld and that the zoning be SR 6. George Burmeister, 13915 S.E. 241 St. , disagreed that duplexes are not a good investment and disagreed with the percentage of apartments in Kent quoted by Mr. Durkan. He said it is true that apart- ments comprise 27 .5% of this area, but that in the greater area there are many more apartments, and that there already is diverse housing in the area and he would not want to see it increased. 13 Kent City Council Minutes September 16, 1997 ANNEXATION He also said that the Planning Commission has ZONING made a compromise when they zoned R 8 and that it should be 4 .5 or 6. Mike Levy, said that the place for apartments is near commercial areas, so that seniors can walk to the stores. He said that apartment builders and owners want to maintain a high quality complex in order to maintain property values and rents. He said that if the area is single family, traffic will come through Chancellor Crest, and if it is multi family it will enter from 240th and not be connected to Chancellor Crest. He said there must be places for people who work in Kent and cannot afford a $250, 000 house. Dennis Hogan, said that residents are not against anyone who lives in apartments, and that their concerns are with crowded schools. He said that at a ratio of renters to home owners, it takes ten to eleven apartments to equal the tax contri- bution of one single family home, but that all residents get the same level and quality of services, resulting in a 10 times ratio of what a single family home owner has to pay compared to what an apartment dweller pays. He said any more high density apartments or developments in that area would dilute the services, the quality of service and the revenue that the city has coming to it. He agreed that Kent already exceeds diversity requirements, and infrastructure would be overloaded. Ken Hartwigson, 12813 S.E. 241st, Chancellor Crest, said he is concerned about safety, noting that cars have been stolen and broken into numerous times. He said he supports SR 6 and feels a park would help the children. John Montegarv, 24029 129th Court S.E. , shared the concerns of the neighbors and urged the Council to limit the density. Fred Anderson said there is already high density housing around the commercial area. There were no further comments and HOUSER MOVED to close the public hearing. Epperly seconded and the motion carried. Mayor White reminded the audience that a second hearing is scheduled for October 21, 1997, at which time new and additional information will be taken. 14 Kent City Council Minutes September 16, 1997 ANNEXATION (CONSENT CALENDAR - ITEM 3S) ZONING Del Kar Annezation Zoning_ (AZ-97-2) and Area comprehensive Plan Amendments (CPA-97-2) . SET October 7 and November 18, 1997, as public hearing dates to consider the initial zoning and area comprehensive plan amendments for the Del Mar Annexation area. ZONING CODE (CONSENT CALENDAR - ITEM 3C) AMENDMENT CM-1 District Regulations Zoning Code Amendment #ZCA-97-2. ADOPTION of Ordinance No. 3361 related to the CM-1 District Regulations Zoning Code Amendment which the City Council approved on September 2, 1997. PLATS (OTHER BUSINESS - ITEM 4B) (ADDED BY COUNCILMEMBER ORR) Bayberry Crest Plat. Orr explained that at the last Council meeting, some alterations were made to the Bayberry Crest development, and after that meeting staff determined that additional condi- tions would result in a smoother process. She noted that it will change the configuration of the plat somewhat and will allow the addition of one or two lots. She said the changes and con- ditions which are no longer necessary were discussed by the Planning Committee today. SHE MOVED to approve the proposed plat modifications prepared to conform with the Bayberry Crest plat as approved by the Council at its last regular meeting to include the creation of up to 48 lots and to include the following modifications relating to the elimination of the extension of 129th Avenue S.E. : 1. Delete Conditions (B) (4) , (B) (5) , and (B) (6) (g) (ii) in their entirety; 2 . Modify Condition (B) (6) (g) (i) as follows: (a) Delete the following language: and shall include an off site transition to match the current pavement widths along 129th Avenue S.E. to the south of the subdivision 15 Kent City Council Minutes September 16, 1997 PLATS (b) Add the following language to the end of the condition: The improvements shall also include a ten (10) foot wide paved walkway, within a dedicated tract, with fencing on both sides and night time illumination, link- ing the internal plat street to South East 258th Street within the Rainier View Estates plat. and upon review of this approval, staff may make minor administrative modifications to implement these changes. Woods seconded. Clark clarified that this creates a number of lots that will front on 258th, facing away from the traffic flow from the street. Orr pointed out that it is only two more lots than originally planned. She also noted that if Planning finds anything extremely out of the ordinary they will bring it to the next Council meeting for final approval, but if they are satisfied upon review, the developer can proceed. The City Attorney explained that the developer will improve 258th, and the plat layout is similar to that displayed at the last Council meeting, that removal of the road created two lots, and that the conditions which are being removed no longer apply. Orr's motion then carried. ORR THEN MOVED that the copy of the plat be made a part of the record. Woods seconded and the motion carried. HUMAN SERVICES (CONSENT CALENDAR - ITEM 3E) Two-Year Funding Cycle APPROVAL of a two-year funding cycle for Human Services beginning in 1999, as recommended by the City Council Planning Committee. COUNCIL (CONSENT CALENDAR - ITEM 3T) (ADDED BY COUNCIL PRESIDENT HOUSER) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmember Bennett, who is unable to attend. 16 Kent City Council Minutes September 16, 1997 COUNCIL Candidate Profiles. Orr said she has been asked whether the City will be doing candidate profiles on cable TV. She said it is too late to do this year, but that it should be considered for the future. She said she has also received inquiries as to whether any candidates forums such as School Board, Council or Mayor's race would be televised, and asked Council to think about whether that would be appropriate. Mayor White said that one of them should be televised and that since the Chamber was the first to ask, and was the only one who asked until two days ago, it is proposed that theirs be televised. He explained that the intent is to keep the channel from being political as much as possible. After the executive session, CLARK MOVED to direct Administration to create an electronic voters pamphlet for play on the City channel, which would feature all eligible elected Kent City candidates as of the September 16 primary in a five minute presentation which would be broken into a one minute biography and four minutes to respond to three questions on City issues as agreed to by the Council President and the Mayor. The motion died for lack of a second. POLICE (OTHER BUSINESS - ITEM 4C) (ADDED BY COUNCILMEMBER ORR) Warrant Checks. City Attorney Lubovich explained that the State Supreme Court recently made a decision which created concern about the ability of municipal police to make warrant checks stopping individuals on infractions. He noted that this was discussed at the Public Safety Committee meeting, and that an emergency ordi- nance has been drafted. He read the operative language from the ordinance as follows: "Law enforcement officers are authorized to search for outstanding warrants upon making a stop, or upon making contact with a person, for a traffic infraction or non-traffic infraction. This provision shall be in addition to, and subject to, all current and future federal or state legislative enactments affecting the same. " He explained that a supermajority vote is required, and that the ordinance would be effective immedi- ately. HOUSER MOVED to adopt Ordinance No. 3364. Johnson seconded and the motion carried unanimously. 17 Kent City Council Minutes September 16, 1997 POLICE Burglaries. Councilmember Epperly said that she was recently informed that fifteen local businesses were burglarized one night and asked for an update. Houser said that Councilmembers should have been notified by fax right away, so that they are aware. Mayor White stated that a report will be faxed to Councilmembers. PARKS & (CONSENT CALENDAR - ITEM 3J) RECREATION Discovery Trust Funds - specialised Recreation. ACCEPT and amend the Specialized Recreation budget for the $2,500 grant received from the DSHS Discovery Trust Fund. The Department of Social and Health Services (DSHS) , Special Needs Division recently awarded the City of Kent a $2, 500 Discovery Trust Fund Grant. The funding will finance the Stew Pot Theater's Special Needs Production of the "Wizard of Oz, " scheduled for release in 1998. (CONSENT CALENDAR - ITEM 3K) Puget sound Urban Resources - Youth/Teen Program. ACCEPT and amend the Youth/Teen budget for the $10,500.00 grant from the King Conservation District, Puget Sound Urban Resources Partnership to fund teen employment. Puget Sound Urban Resources Partnership recently awarded a grant to the City of Kent Resource Center for (up to) $10, 500 to employ teens. 10-15 teenagers will be hired to work in the pea-patch community gardens and a greenbelt restoration project. (CONSENT CALENDAR - ITEM 3L) King County Landmarks a Heritage Grant - Bereiter House Restoration. ACCEPT and amend the Bereiter House Restoration budget for the $25, 000 grant from the King County Landmarks & Heritage Commission, and authorize the Mayor to sign the grant agreement. King County Landmarks and Heritage Commission recently awarded the 1997 Cultural Facilities Program Grants. The City of Kent will receive $25, 000 to assist in the restoration of the historical Bereiter Home located on Smith Street. (CONSENT CALENDAR - ITEM 3M) CDBG Flood Relief Funds for IRringwood Park Trail. ACCEPT and establish a budget entitled Springwood Park Trail Flood Damage Repair Project for the $37,966 Community Development Block 18 Kent City Council Minutes September 16, 1997 PARKS & Grant, and authorize the Mayor to sign the grant RECREATION agreement. Due to the heavy rains and flooding in 1996, the asphalt trail at Springwood Park was damaged. The King County Supplemental Community Development Block Grant (CDBG) , Flood Relief Fund, awarded the City of Kent $37, 966 to finance necessary repairs to the Springwood Park Trail. (CONSENT CALENDAR - ITEM 3N) Fee-In-Lieu Funds, Kiwanis Tot Lot 04 ACCEPT and amend the Kiwanis Tot Lot 14 budget for the $19, 358.06 fee-in-lieu funds from Plemmons Industries for Rachel Place. Rachel Place is located on the south side of Kiwanis Tot Lot ,#4. These funds will be used for the renovation project at Kiwanis Tot Lot 14, creating a total project budget as follows: $126,274. 00 CDBG 39, 170.00 CIP Funds 19, 358 . 06 Fee-in-Lieu Funds $184,802 . 06 Total Project Budget (CONSENT CALENDAR - ITEM 30) Clark Lake Wetland Mitigation Agreement ACCEPT and create a budget for the Clark Lake Park Wetland Mitigation Project for the $44,000 from Puget Sound Energy (PSE) , and authorize the Mayor to sign the PSE agreement. PSE needs to imple- ment a wetland buffer planting as mitigation in order to make transmission line improvements. PSE desires to enter into agreement with the City of Kent to implement these improvements at Clark Lake Park for $44, 000. 00. Park's staff and volunteers will implement the plan, and PSE agrees to implement the Wetland Mitigation Plan and provide for one year of maintenance. (CONSENT CALENDAR - ITEM 3P) East Hill Park Expansion Funding. ACCEPT and amend the East Hill Park Expansion Project budget for: a) The $300, 000 IAC grant, (authorizing Mayor White to sign the grant agreement) ; $96, 132 .59 for fee-in-lieu of funds, $20, 000 in value for volunteer labor hours from Kent Rotary Club, and b) Authorize re-allocating $201,726 in 1996 & 1997 grant matching funds to the project budget 19 Kent City Council Minutes September 16, 1997 PARKS & The City of Kent has been awarded an IAC grant in RECREATION the amount of $300,000.00, $20,000 worth of volunteer labor hours from the Kent Rotary Club to install the play equipment, and $96, 132.59 for fee-in-lieu-of funds to be used as grant matching funds. Also, for budget years 1996 and 1997, grant matching funds are available in the amount of $201,726. The total project budget is $734, 289 and the remaining balance of $116,430 will be requested in the 1998 budget through grant matching funds. (CONSENT CALENDAR - ITEM 30) East Hill Expansion Project. ACCEPT and amend the East Hill Expansion Land Acquisition budget for the $55, 000 donation in property value from Mary Morrill. In 1994, Mary Morrill sold the City of Kent 13. 11 acres on East Hill. The property was appraised at $950,000 and sold for $895, 000, leaving a balance of $55, 000. Mrs. Morrill intends to donate the remaining $55, 000 in property value to the City of Kent for the East Hill Expansion Acquisition Project. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 29, 1997 and paid on August 29, 1997 after auditing by the Operations Committee on September 21 1997 . AAPRroval of checks issued for vouchers: Date Check Numbers Amount 8/29/97 188703-188894 $ 447,732 .50 8/29/97 188895-189261 1 451.448.72 $1,899, 181.22 No Payroll Checks were approved for this time period. (CONSENT CALENDAR - ITEM 3D) Gambling Tax Code Amendment. ADOPTION of Ordinance No. 3362 amending the City' s Gambling Tax Code to extend tax treatments for non-profit gambling operators to commercial operators for punch boards and pulltabs as was recently authorized by the State legislature. The ordi- nance also includes changes and provisions to 20 Kent City Council Minutes September 16, 1997 FINANCE bring the Kent City Code up-to-date with current gaming technology and facilitate collection of gambling taxes and enforcement of these pro- visions. REPORTS Council President. Houser reminded everyone of the Open House to be held at City Hall from noon to 3 : 00 on September 20th. She also noted that there will be a report from King County regard- ing the Regional Justice Center security on September 17 at 8: 00 p.m. Public Works. Clark noted that the Committee meeting of September 17th has been cancelled and that the next meeting will be held on the first Wednesday in October. Planning Committee. Orr noted that the next Committee meeting will be held on October 21 at 4 : 00 p.m. EXECUTIVE At 9: 25 p.m. , Lubovich noted that there will be SESSION an executive session of approximately 15 minutes regarding pending litigation. ADJOURNMENT The meeting reconvened and adjourned at 9:35 p.m. Brenda Ja ob r, CMC City Cle k 21