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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/18/1997 Kent, Washington November 18, 1997 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Pro Tem Houser. Present: Councilmembers Bennett, Clark, Epperly, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Finance Director Miller, Parks Director Hodgson, and Employee Services Director Viseth. Approximately 30 people were in attendance. PUBLIC Introduction of Mapor's ointee. Mayor Pro Tem COMMUNICATIONS Houser introduced Merriah Fotheringham, Mayor White' s appointee to the Human Services Commission. National Bible Meek. Mayor Pro Tem Houser read a proclamation declaring November 23-30, 1997, as National Bible Week in the City of Kent and encouraging all citizens to participate in the observance by reading the Bible and discovering its values for personal and community life. The proclamation noted that the Bible has been a constant source of moral and spiritual guidance for Americans throughout history, and that it continues to provide inspiration, hope and com- fort for millions of Americans today. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR Q be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Aonroval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 4 , 1997 . HEALTH & (CONSENT CALENDAR - ITEM 30) SANITATION Kent Community Health Center. ACCEPTANCE of the corrected bill of sale for the Kent Community Health Center, 403 East Meeker Street, as recom- mended by the Public Works Director. At the October 21st Council meeting, the bill of sale was accepted in full which included 150 feet of watermain and 6 feet of sanitary sewer improvements. It has been determined that the sewer improvements were private construction and the watermain improvements on the bill of sale should have read 50 feet. 1 Kent City Council Minutes November 18, 1997 HEALTH & (CONSENT CALENDAR - ITEM 3P) SANITATION Paradise Mobile Home Park ACCEPTANCE of the bill of sale for Paradise Mobile Home Park submitted by Manufactured Housing Community Preservationists for continuous operation and maintenance of 418 feet of watermain improvements and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at 412 N. Washington Avenue. WATER (CONSENT CALENDAR - ITEM 3G) King County hater Quality Grant. ACCEPT and CREATE a budget for the $7, 288 grant from the Metropolitan King County Council, Regional Water Quality Block Grant to clean up Lake Meridian and the Old Fishing Hole. A Metropolitan King County Council, District Four water quality grant for $7,288 will be used to place screens on the bottom of Lake Meridian at the dock and at the Old Fishing Hole to prevent the overgrowth of weeds. A portion of the funds will be available to Lake Meridian residents to purchase the same screening materials, enabling them to prevent weed overgrowth on their lake property. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3D) Xill Creek Revegetation Project Funds. ACCEPT the Mill Creek Revegetation Project funds, establish a budget and use these funds for the Mill Creek Revegetation/Restoration Project, as recommended by the Public Works Committee. The Department of Ecology has imposed an environmental fine on the Boeing Company and as part of their settlement, Boeing has given the City $14 ,400 to be used for the Mill Creek Revegetation project, which involves tree plantings along Mill Creek. (CONSENT CALENDAR - ITEM 3K) MF8 Limited Street License Agreement. AUTHORIZATION for the Mayor to sign a Limited Street License agreement between the City and Metropolitan Fibre Systems of Seattle, upon receipt of necessary exhibits, as recommended by the Public Works Committee. 2 Kent City Council Minutes November 18, 1997 PUBLIC WORKS Metropolitan Fibre Systems of Seattle (MFS) is seeking permission to extend a telephone trunk line facility to the US West facility at 196th Street and West Valley Highway to provide local telephone service to a portion of the City of Kent. (CONSENT CALENDAR - ITEM 3N) J C Gran* Application, Conservation Easement. ADOPTION of Resolution No. 1500 authorizing application for funding assistance from the IAC for a conservation easement/restoration and enhancement project along Mill Creek, as recom- mended by the Public Works Committee. The City would provide a minimum of 25% matching value, which may include donations or in-kind contributions. TRAFFIC (CONSENT CALENDAR - ITEM 3C) CONTROL 277th Corridor Condemnation Ordinance. ADOPTION of Ordinance No. 3369 authorizing condemnation by eminent domain proceedings for property necessary for construction of the 277th Corridor, which property is owned by Mike Carpinito, as recom- mended by the Public Works Committee. The City has been unsuccessful thus far in obtaining agricultural lands for in-kind com- pensation to Mr. Carpinito for the property from either King County or an adjacent property owner. FRANCHISE (CONSENT CALENDAR - ITEM 3L) Unix* Pacific Railroad 196th Our Track. INTRODUCTION of the proposed franchise ordinance granting to the Union Pacific Railroad Company the authority to maintain and operate a railroad spur track across South 196th Street, as recom- mended by the Public Works Committee. STREET (PUBLIC HEARINGS - ITEM 2A) VACATIONS Willis St Street Vacation STV-97-2. This date has been set to consider an application to vacate a portion of East Willis Street, as referenced in Resolution 1499, and as shown on the map and discussed in the staff report. Planning Director Harris pointed out the location on a map. He said he has been notified that U. S. West feels they have a facility in the right-of- way and that Condition No. 2 covers that. 3 Kent City Council Minutes November 18, 1997 STREET Mayor Pro Tem Houser asked from comments from VACATIONS the public on this issue. There were none and JOHNSON MOVED to close the public hearing. Woods seconded and the motion carried. ORR MOVED to approve the Planning Director's recommendation of approval with conditions on the application to vacate a portion of East Willis Street, as referenced in Resolution 1499, and to direct the City Attorney to-prepare the necessary ordinance upon compliance with the conditions of approval. Johnson seconded and the motion carried. (CONSENT CALENDAR - ITEM 3M) S. 238th Street vacation. ADOPTION of Ordinance No. 3371 vacating the affected portion of S. 238th Street. At the October 7, 1997 meeting, Council approved this street vacation subject to certain condi- tions, all of which have been fulfilled by the applicant. ANNEXATION (PUBLIC HEARINGS - ITEM 2B) ZONING Del Mar Annexation Area Initial Zoning and Com- prehensive Plan Moo tents AZ-97-2 and CPA-97-2. This is the second of two required hearings on both the proposed annexation zoning map amend- ments and the Comprehensive Plan amendments for the Del Mar Annexation area. The first hearing was held by the City Council on October 7, 1997. The Land Use and Planning Board's recommendation was made on September 22 , 1997. Matt Jackson of the Planning Department noted receipt of a letter from Jerry Martens, whose zoning was recommended as SR4.5. He noted that this property is surrounded by a shopping center and multi-family, and that Mr. Martens would like the Council to consider office zoning. Jackson noted for Clark that this had not been heard before the Land Use and Planning Board, as the written request was just received. He said the location would be appropriate for a small office which does not generate much traffic or require much parking. 4 Kent City Council Minutes November 18, 1997 ANNEXATION Mayor Pro Tem Houser opened the public hearing. ZONING Forrest Lamont, a realtor representing Mr. Martens, explained that there are adjoining wetlands, and requested that the Council con- sider the possibility of some type of exchange. He noted that there has been drug activity and prostitution in the area and that a legitimate use of the property would help with that problem. He said they have been unable to find anyone who is 'interested in using the-property as a single-family residence, and that it would be more practical to use as transitional zoning. Upon Orr's question, Planning Director Harris said that if the Land Use and Planning Board had heard this, the recommendation would most likely have been for office zoning or something similar. He agreed that single family zoning would be difficult. Bennett recommended the office designation. Mel Kleweno, owner of 36 acres, said their property is recommended for single family zoning but he feels that is not a viable use for the properties. He explained that half of it is wetlands and asked the Council to consider on a case by case basis the policy to not allow any more apartment zoning. He requested a medium density apartment zoning on the property, noting that water and sewer are available to the pro- perty, that there is access to major freeways and park and ride lots, and that there is a con- tinuing need for affordable housing. There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. Jackson pointed out Mr. Martens property and ORR MOVED to modify the Land Use and Planning Board's recommenda- tion of approval to adopt the proposed Del Mar Annexation Zoning and Comprehensive Plan Amendments, to change the Martens property to a zoning designation of Professional and Office District 15. 04. 150 and the Comprehensive Plan to Commercial, and to direct the City Attorney to prepare the necessary ordinances. Woods seconded. Orr said that based on what staff said they would have recommended had they been informed of the details of this particular piece of property, she agrees that the recommendation 5 Kent City Council Minutes November 18, 1997 ANNEXATION probably would have been different from what the ZONING Land Use and Planning Board made. SHE MOVED to make Mr. Martens' letter and map a part of the public record. Woods seconded and the motions carried. CONDITIONAL (CONSENT CALENDAR - ITEM 3J) USE APPEAL Katlack Appeal CE-97-2. SET December 9, 1997, as the date for a public hearing on an Appeal of Conditional Use Permit filed by Richard J. Brooks. PLATS (CONSENT CALENDAR - ITEM 3Q) Highland Crossing (Formerly Stonegate Knolls) Final Plat FBU-96-18. SET December 9, 1997, as the date for a public meeting to consider a final plat application by Centex Homes. The subject subdivision is 18 . 58 acres in size and is located between 116th Avenue S.E. and 120th Avenue S.E. and north of S.E. 240th Street. The King County Hearing Examiner approved the preliminary plat File No. L95P0002 and the Kent City Council approved the preliminary plat, under the name Stonegate Knolls, on June 4, 1996. (OTHER BUSINESS - ITEM 4A) Fox Ridge Addition No. i Preliminary Plat BU-96-14. This date has been set to consider the Hearing Examiner's recommendation for approval of an application by Lakeridge Development, Inc. for a 14-lot Single Family Residential Preliminary Subdivision. This plat is 2 .5 acres in size and is located at 11800 SE 268th Street. ORR MOVED to accept the Findings of the Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval of Fox Ridge Addition 11 Preliminary Plat. Woods seconded and the motion carried. REZONES (OTHER BUSINESS - ITEM 4B) Stonebrook Suites Resone RZ-97-3. The Hearing Examiner has recommended approval of an appli- cation to rezone approximately 4 . 6 acres from M-1, Industrial Park, to M1-C, Industrial Park - Commercial Suffix. The property is located at the northwest corner of S. 182nd Street and 72nd Avenue S. 6 Kent City Council Minutes November 18, 1997 REZONES Planning Manager Satterstrom pointed out loca- tion on a map, and said it is the old Orillia Elementary School site. He said that addition of the C suffix would allow development of a 140- unit all suites motel. ORR MOVED to accept the Findings of the Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval of the Stonebrook Suites Rezone and to direct -the City- Attorney to prepare the necessary ordinance. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Old Napa Storo Roxone RZ-97-2. The Hearing Examiner has recommended approval of an appli- cation to rezone approximately 13 , 632 square feet of property from NCC, Neighborhood Community Commercial, to CC, Community Commercial. The property is located at 24728 36th Avenue S. Planning Manager Satterstrom pointed out the location and explained that the proposed zoning is consistent and would allow the construction of an office building. ORR MOVED to accept the Findings of the Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval of the Old Napa Store Rezone and to direct the City Attorney to prepare the necessary ordinance. Epperly seconded and the motion carried. ZONING CODE (OTHER BUSINESS - ITEM 4D) AMENDMENTS CX-2 Zoning District Regulations ZCA-97-6. This date has been set to consider the Land Use and Planning Board's recommendation to amend the Zoning Code, Section 15.04 . 130(D) , by adding the following principally permitted use: vehicle impound lots as a conditional use in the CM-2 zoning district. The Land Use and Planning Board held a public hearing on this matter on October 27, 1997. ORR MOVED to approve the Kent Zoning Code Amend- ment ZCA-97-6 as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Bennett seconded and the motion carried. 7 Kent City Council Minutes November 18, 1997 ZONING CODE (OTHER BUSINESS - ITEM 4E) AMENDMENTS Office (0) Zoning District Regulations ZCA-97 7 This date has been set to consider the Land Use and Planning Boards recommendation to amend the Zoning Code, Section 15. 04. 150A. 3, by modifying the way in which veterinary clinics are regulated in the Office Zoning District. The proposed zoning amendment would maintain the same 150-foot setback but would change the language from residential "use" to residential-"zone". The Land Use and Planning Board held a public hearing on this matter on October 27, 1997. ORR MOVED to approve the Kent Zoning Code Amendment ZCA-97-7 as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Bennett seconded and the motion carried. PARKS & (ADDED ITEM 1C) RECREATION (ADDED BY OVE PEARSON) Skateboard Park. Mr. Ove Pearson, 26626 132nd Avenue S.E. , representing approximately 30 families, spoke in opposition to putting a skate- board park at 266th and 132nd. He explained that their concern is the number of skateboarders who would use the park. He stated that the road has a narrow shoulder and that it is dangerous for young people walking to the shopping center. He distributed a three-page list of signatures and said more signatures will be presented at a later date. Parks Director Hodgson noted that a few sites are under consideration for a skateboard park, and that the Parks Department does not build anything without neighborhood participation. He said the intent is to have neighborhood meetings after the first of the year to receive input as to what residents would like to have in a park. He said they would like to find a way to eliminate skating in parking lots of convenience stores and schools, such as building much smaller parks around the community where young people can skate. WOODS MOVED to make the petition a part of the public record. Johnson seconded and the motion carried. Woods reiterated that the City would not impose any use that is not agreeable to the neighbors, and that their input is needed. 8 Kent City Council Minutes November 18, 1997 PARKS & She explained that when the meetings begin, there RECREATION is no preconceived notion of what the park will look like, and she encouraged Mr. Pearson to bring the additional names he mentioned to the Parks Director as soon as possible so that the mailing list for the meetings will be complete. (CONSENT CALENDAR - ITEM 3F) tool parts Budget Adjustments. APPROVAL of the proposed Parks Budget adjustments for 1997 in order to proceed with projects in 1998 . (CONSENT CALENDAR - ITEM 3H) Jean Austin Property Donation. ACCEPTANCE of 0. 27 acres of property donated to the City by Jean Austin. Ms. Austin has donated the pro- perty, located off of Alvord Avenue, with the stipulation that it, or proceeds from its sale, be used solely for park purposes. APPOINTMENTS (CONSENT CALENDAR - ITEM 3I) Human Service Appointment. CONFIRMATION of the Mayor's appointment of Merriah Fotheringham to serve as a member of the Kent Human Services Commission. Ms. Fotheringham is a long time Kent resident and is employed at Watson Manor. She is also a student at Highline Community College, studying psychology and social work, and will transfer to UPS after graduation in the fall. She is a single parent and also works for Kent Youth and Family Services. Ms. Fotheringham will represent the User of Services category and she will replace Rose Galaz, who resigned. Her new appointment will continue until 1/1/2000. FINANCE (CONSENT CALENDAR - ITEM 3B) AARoroval of Bills. APPROVAL of payment of the bills received through October 31 and paid on October 31, 1997, after auditing by the Operations Committee on November 4, 1997 . Approval of checks issued for vouchers: Date Check Numbers Amount 10/16/97 191376-191682 $ 854, 301.89 10/31/97 191683-192115 2 , 075, 677 . 66 $2 ,929,979 .55 9 Kent City Council Minutes November 18, 1997 FINANCE Approval of checks issued for payroll for October 16 through October 31, 1997, and paid on November 5, 1997: Date Check Numbers Amount 11/5/97 Checks 223527-223839 $ 235,266. 38 11/5/97 Advices 51413-51937 684 ,549. 60 $ 919,815. 98 (CONSENT CALENDAR - ITEM 3E) Youth/Teen Utility Tax, Reauthorize. ADOPTION of Ordinance No 3370 amending Chapter 3 . 18 of the Kent City Code extending the sunset provision for the Youth/Teen Utility Tax for two additional years through December 31, 1999, and estab- lishing a policy, whereby .25 percent will be utilized for operations and . 05 percent for capital projects, as recommended by the Operations Committee at their November 4, 1997 meeting. CONTINUED 1998 Legislative Issues. Dena Laurent, COMMUNICATIONS Government Affairs Manager, distributed a memorandum regarding Legislative issues for 1998 including a summary of proposed City positions on issues expected to be considered and a policy paper indicating the City's position on anything else that could come up. She explained issues relating to the following topics: 1) Transporta- tion, 2) Human Services, Parks and Recreation, and Public Health, 3) Finance, 4) Land Use and Environment, 5) Telecommunications & Electric Utility Deregulation, 6) Law and Public Safety, 7) Personnel and Labor Relations, and 8) General Local Government. Laurent offered to answer questions from Council- members at any time, and asked that this item appear on the December 9th agenda if acceptable to Council. REPORTS operations committee. Johnson reported that the failure of the Emergency Medical Services levy was discussed at the Operations Committee meeting today, and that they recommended using the reserves in the 1998 Budget to fund the Basic Life Support system. He expressed hope that the County Council will fund the Advanced Life Support system some other way, and that one option is to put the issue on the ballot in February. 10 Kent City Council Minutes November 18, 1997 REPORTS Public Works Committee Clark noted that the Public Works Committee will meet on Wednesday, November 19, at 3 : 30 p.m. Planning Committee Orr noted that the Planning Committee will meet at 3 : 30 p.m. on December 9. Public Safety Committee Bennett noted that the next Public Safety Committee will be held after the first of the year, and that the personal watercraft ordinance will be on City Council agenda on December 9. Administrative Reports McFall explained that using the reserves in the budget for the EMS funding will be included as part of the overall budget adoption for 1998 and does not require separate action by the Council. He also pointed out that in order to place that matter before the voters in February, the City of Kent is one of five cities in the county who will have to concur with placing it on the ballot. He noted that a resolution has been adopted authorizing the County to place the issue on the ballot, but that action will need to be taken again next year if Council chooses to do so. He explained that the County Council must act by December 15th to meet timing requirements to get the matter on the ballot February 3; therefore if that method is selected Council would need to adopt such a resolution, if desired, at the December 9th meeting. Woods stated that she has asked Operations Director McFall and Fire Chief Angelo to com- municate to the County Council that it would be most appreciated if they would indicate what their intention is prior to December 9th. EXECUTIVE At 8: 00 p.m. , the meeting adjourned to Executive SESSION Session for approximately 15 minutes to discuss pending litigation. ADJOURNMENT The meeting reconvened and adjourned at 8: 15 p.m. iLrendat_�Jab r, CMC City Cler it