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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/17/1988 Kent, Washington May 17, 1988 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Pro Tem/Council President White. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann, and Woods, City Administrator McFall, City Attorney Driscoll , Planning Director Harris and Public Works Director Wickstrom. Mayor Kelleher was not in attendance. Also present: Police Chief Frederiksen and Personnel Director Webby. Approximately 40 people were at the meeting. PRESENTATIONS Oath of Office - Police Officers. Chief Frederiksen introduced the following new Police Officers: Patricia Marie King, Harry H. Hansen, Marvin Wilson and Karl E. Calhoun. The City Clerk issued the oath of office and the officers were welcomed to the City by Council and staff. Chief Frederiksen also introduced Jon Quakenbush who has recently been promoted to Sergeant. K-9 Thor. Chief Frederiksen introduced Police Officer Ron Price and K-9 Thor and noted that Thor had been seriously injured on April 13 during the attempted apprehension of a flee- ing suspect. Frederiksen noted that Officer Price and Thor have assisted in 41 felony arrests, 22 misdemeanor arrests and 12 evi- dence finds . He stated that Officer Mike Painter and Jude have equally impressive statistics. Frederiksen presented a plaque to Officer Price in appreciation of the risks taken by the K-9 handlers and their dogs. Planning Department Award. Mayor Pro Tem White announced that the Kent Planning Department has received a Merit Award from the American Planning Association and Planning Association of Washington for their Report on Multi-Family Density. The award was presented to Dan Stroh of the Planning Department. PROCLAMATION Take Pride in America Month. Mayor Pro Tem White read a proclamation declaring the month of May 1988 as "Take Pride in America Month" in the City of Kent. CONSENT CALENDAR WOODS MOVED that Consent Calendar Items A through G be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of May 3, 1988. - 1 - May 17, 1988 HEALTH & (CONSENT CALENDAR ITEM 3D) SANITATION Yahn Residential Water Main Extension. ACCEP- TANCE of the bill of sale and warranty agree- ment for continuous operation and maintenance of approximately 140 feet of water main exten- sion constructed in the vicinity of 906 Canyon Drive and release of the cash bond after expir- ation of the one year maintenance period. STORM DRAINAGE (CONSENT CALENDAR ITEM 3E) Central Avenue Storm Drainage Improvement. ACCEPT as complete the contract with Scoccolo Construction for the Central Avenue Storm Drainage Improvement Project and release of the retainage after receipt of the necessary releases from the State. WATER (CONSENT CALENDAR ITEM 3C) LID 316 - 94th Avenue Water Main. ADOPTION of Resolution 1169 authorizing the segregation of the assessment of a parcel involved in LID 316, the 94th Avenue water main, as approved by the Council at its regular meeting on May 3 , 1988. (CONSENT CALENDAR ITEM 3F) Green River Pipeline No. 5. AUTHORIZATION for the Mayor to sign an extension of the agree- ment with the City of Tacoma for their Green River Pipeline No. 5 project extending the date of delivery of water to 1993, as approved by the Public Works Committee. SEWER LID 334 - Derbyshire No. 7 Sanitary Sewers. This date has been set for the public hearing on the formation of LID 334 - Derbyshire No. 7 Sanitary Sewer Improvements . The City Clerk has given the proper legal notice. Public Works Director Wickstrom explained that this proposed LID had been initiated by petition of the residents due to a failing septic system. The project consists of installa- tion of 8-inch sanitary sewers, 6-inch side sewer and related appurtenances as follows : ON FROM TO 121st Ave. S.E. S.E. 276th St. Cul de Sac, north f S.E. 276th St. 122nd Ave. S.E. S.E. 274th St. S.E. 276th St. S.E. 276th St. 120th Ave. S.E. 122nd Ave. S.E. Easement S.E. 276th St/122nd Existing manhole between lots 6&7 Ave S.E. Intersec- approximately 135' tion southeasterly 2 - May 17, 1988 SEWER The estimated cost is $135, 200 and 26 resi- dential lots are involved, therefore each lot would be assessed $5, 200. It was determined that the area was outside the city limits, that the Health Department has identified failing septic systems within the development and that 22 of the 26 property owners had signed the petition requesting the LID. Mayor Pro Tem White declared the public hearing open. Werner Gersdorf, Assessment No. 18, asked if the City ' s improvement to the water system could be done at the same time, in order to use the same trenches. Wickstrom explained that separate trenches are required for sewer and water lines, but that the City would share in the restoration of the streets . August Reyes questioned the order of events in the formation of an LID and Wickstrom explained that protests must be filed in writ- ing, and could be filed up to 30 days after the passage of an ordinance providing for the formation of an LID. In this case, the earliest date for passage of such as ordinance would be June 7, 1988. Protests from owners of 60% of the property would cause the project to be restrained. He also noted that assessment payments were spread over a ten-year period. It was further determined that the Health Department could order the improvements and Sid Forman of the Health Department noted that two properties had already experienced septic tank failure and those would be required to connect to a new system immediately upon its completion. He pointed out that pumping of the existing septic tanks required a licensed sludge hauler which would cost about $150. He recommended that the proposed sewer project be approved for this area. Edmond Thomas stated that this question came up about ten years ago before the houses were built and that run off water was a problem. Wickstrom explained that this proposed project came about at the request of property owners who were having septic system failures . Bob Wise stated that the matter had been fully discussed with the Public Works Department and that the property owners were in favor. Tom Prince stated that he could make his own connection to the main line for about $350 and stated - 3 - i I I May 17, 1988 SEWER that a health hazard existed and the project was necessary. Millard Battles stated that although his property was not experiencing problems , he favored the project, noting that it was needed and the cost was reasonable. Lillian Stoll stated that sewers were needed also on 118th S.E. and property owners there would like to share in this pro- ject. It was determined that two such LIDS could be done at the same time, thus saving money with the contractor, but that a separate petition for an LID would be required. After all who wished to speak had done so, Council President White noted that if more information was required, that Wickstrom would be available. JOHNSON MOVED to close the hearing and to direct the City Attorney to prepare the ordinance to create LID 334 . Woods seconded and the motion carried. TRAFFIC CONTROL LID 333 - Traffic Signal - 72nd Avenue S.E. This date has been set for the public hear- ing on the formation of LID 333 for a traffic signal at 72nd Avenue S.E. The City Clerk has given the proper legal notice. The Public Works Director noted that the City had received li a petition for this LID in October 1987 and that subsequent contact with property owners indicated sufficient support. He noted that the cost is estimated to be $130, 000 and would be funded 100% by the LID. Wickstrom stated that there is heavy traffic on S. 180th and that developers feel that the lack of a signal at the intersection is discouraging prospective tenants. Council President White opened the public hear- ing. There were no comments from the audience and BITEMAN MOVED to close the public hearing. Woods seconded and the motion carried. JOHNSON MOVED that the City Attorney be directed to prepare the ordinance creating LID 333. Woods seconded. Motion carried. PRELIMINARY PLAT Josey Glenn Preliminary Subdivision No. SU-88-1 . This public meeting will consider the Hearing Examiner ' s recommendation of conditional approval of this nine lot single family resi- dential preliminary plat. The site is 2 . 4 4 - May 17, 1988 PRELIMINARY PLAT acres in size and is located on the southeast corner of S.E. 232nd and 112th Avenue S.E. Upon Johnson ' s question, Wickstrom noted that the entire length of 232nd would be improved. WOODS MOVED to adopt the findings of the Hear- ing Examiner and to agree with the Hearing Examiner ' s recommendation of conditional approval. Houser seconded and the motion carried. FINAL PLAT Sanctuary No. 3 Final Plat No. SU-87-2. This public meeting will consider the final plat map for a two lot residential subdivision. The site is 2. 4 acres in size and is located at 4815 South 216th. The preliminary plat was conditionally approved on October 6, 1987. All conditions recommended by the Hearing Exa- miner have been made or bonded for. WOODS MOVED to approve Sanctuary No. 3 Final Plat No. SU-87-2. Houser seconded and the motion carried. PROPERTY ACQUISITION Curran Building. Johnson noted that acquisition of the Curran building had been discussed by the Operations Committee but that no decision had been made. He MOVED to authorize the City Administrator to negotiate for the lease or purchase of the building to temporarily solve space problems in City Hall. White seconded. McFall stated that Administration is continu- ing to pursue a long-term solution to the space problems. Johnson noted that solutions could take as long as two years , and that the Curran building could be used in the interim. Houser stated that rather than acquiring different locations, she felt the money should go into one building which could adequately handle the space needs. Johnson modified his motion to authorize the City Administrator to explore the possibility of leasing the Curran building and to report to the Operations Committee at their next meeting. The motion carried. COUNCIL CHAMBERS City Council Chambers Remodel. The Operations REMODEL Committee reviewed revised schematic drawings along with revised cost estimates at its meet- ing on May 16. Jackson Carter of Arai/Jackson, Architects, showed the plan for the revised remodeling of the Council Chambers . It was - 5 - I May 17, 1988 COUNCIL CHAMBERS determined for White that the $8, 586 listed REMODEL for furnishings would include the dias and the fixed seats. HOUSER MOVED that the sche- matic drawings of the Cuoncil Chambers Remodel project be approved and the project proceed to design phase. Woods seconded. McFall noted for Johnson that the total estimate of $67, 060 did not include the sound system. The system is estimated to cost between $10 , 000 and $15, 000, and can be included within the budget for this project. Upon Woods ' ques- tion, McFall noted that the video capability was included, so that material could immedi- ately be shown for various meetings and hear- ings. The City could probably negotiate later with the TV franchise holder to supply some of the material for video taping of Council meetings. Woods complimented the Committee for a good compromise in this flexible pro- posal. Biteman noted that he favored the pro- ject and noted especially the need for a new sound system. Dowell noted the number of expenditures this year which were not anticipated, including $500, 000 park expense near Lake Fenwick, added expense at the golf clubhouse, for which con- tingency funds had been utilized. Taxes have been increased to fund public works projects, and since this remodel is not on the priority list for this year, he suggested that this project could be postponed to a later date. Johnson stated that the sound system was the major problem and he favored approving that portion of the project only. Houser noted that the funds had been set aside for more than a year, that the current sound system was not in compliance with the code, that the carpet needed to be replaced, that these rooms were used for many meetings and the best utilization of space needed to be addressed. Mann asked if the sound system should be include in the motion. Biteman offered that as a friendly amendment which was accepted by Houser and Woods. Upon White ' s question, it was determined that about $5 , 000 had already been spent on this project. He noted that with that figure and the sound system added to the 6 - May 17, 1988 COUNCIL CHAMBERS estimated $67 , 060, the completed project could REMODEL cost as much as $87, 000. He spoke in favor of the sound system but questioned the timing in spending this amount which is not high on the City ' s priority list. He noted that the City had other economic issues to address, pointing out the local unemployment and the numbers of people utilizing the local food bank. Biteman called for the question and the motion carried with Dowell, Johnson and White opposing. ROLES IN CITY Roles in City Government. Johnson asked Coun- GOVERNMENr cil President White to schedule a meeting to continue the discussion started with Lyle Sumak on roles in City government. There were no objections and White indicated that he would set up such a meeting. POLICE (CONSENT CALENDAR ITEM 3G) Drinking Driver Task Force Donation. ACKNOW- LEDGEMENT of donations to the Task Force in the amount of $220 from Kent Valley Youth Services and Warren Secord Automotive Centers. BUSINESS LICENSE Adult Entertainment Businesses. The City Attorney has prepared Ordinance 2778 regard- ing the establishment of regulatory standards for businesses, managers and employees that provide adult entertainment in the City of Kent. This ordinance was recommended for approval by the Public Safety Committee at its meeting on May 10, 1988 after the receipt of input and testimony regarding such estab- lishments. McFall noted that this ordinance had been pre- pared upon the direction of the Council based upon information gathered at the Council meet- ing of May 3. A proposal had been made to open a business within the city where topless dancing would be permitted. This establish- ment would not serve alcoholic beverages and would therefore not come under the rules of the State Liquor Control Board. The Planning Commission is working on amending the zoning code to regulate the locations which would permit this type of adult entertainment. 7 - I May 17, 1988 BUSINESS LICENSE McFall noted that Police Chief Frederiksen and Deputy Chief Plancich of Bothell would give some historical information as to the impact these kinds of establishments have. Chief Frederiksen noted that the City had revoked the business license of the Roadside Tavern in 1981 after conducting an undercover investigation. For the last five years of the operation the Police Department had dealt with drugs, prostitution, one stabbing and two shootings, resulting in a death. He recom- mead-ad that the City adopt the ordinance as presented. Deputy Chief Plancich stated that a business opened in Bothell, which served no liquor and soon after opening featured topless dancing. Patrons were supposed to be 18 or older, but underage patrons as well as dancers were discovered on the premises . The Bothell police made arrests dealing with alcohol , pro- stitution, drugs and assaults . The City passed a regulatory ordinance and within five months the business closed. Plancich pointed out that Kent had a chance to avoid all these prob- lems by passing this proposed ordinance before such a business opened here. Biteman expressed appreciation to Plancich for his input tonight as well as at the Public Safety Committee meeting. City Attorney Driscoll offered for the record, a verbatim transcript from the City Clerk ' s office of the testimony provided at the May 3 , 1988 Council meeting, giving the views of the public as to their perception of the negative secondary impacts of such an establishment. BITEMAN MOVED to file the transcript as a part of the record. Houser seconded and the motion carried. Driscoll noted that the proposed ordinance is patterned substantially after King County ' s ordinance, which has been declared constitu- tional by the Washington Supreme Court. She summarized the ordinance as follows: This ordinance regulates adult entertainment by requiring the business owner, managers of the business, and employees to obtain a license in businesses where adult entertainment will be provided and where alcohol is not served. The ordinance sets out certain standards of conduct. it prohibits employees or entertainers, whether clothed or unclothed, on or off a stage, from certain sexual acts or the imitation of such, from touching certain body parts, and from displaying certain body parts. Some exceptions are applied to these standards: 8 - i, i May 17, 1988 BUSINESS LICENSE 1. The display of certain body parts can occur when the individual is on a stage that is 18 inches off the floor and 6 feet from the nearest patron. 2. Certain constitutionally protected expressions must be allowed: A. Non-obscene dramatic works; or B. Activities that are for a scientific or educational purpose; or C. Non-obscene expressions or dance. Business owners are required to obtain a license which will not be issued until the application is reviewed by all appropriate departments of the City and all required information is provided. Managers and entertainers must have a license before working for the establishment. Admission to the establishment is limited to those individuals 18 years of age or older. No entertainer may be younger than 18 years of age. A licensed manager must be on the premises at all times that the entertainment is occurring. Substantial penalties are available through this ordinance. The licenses may be revoked or suspended for violations of any provision of the ordinance. In addition, the business may be declared a public nuisance if the ordinance or any law of the City or State of Washington is violated. Upon conviction of a violation of this ordinance, a person may be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed 12 months or by both such fine or imprisonment. The City may also seek other legal relief that may be available to it to enjoin any practices that would be a violation of this business license ordinance. BITEMAN MOVED to approve Ordinance 2778 regard- ing the establishment of regulatory standards for business, managers and employees that pro- vide adult entertainment in the City of Kent. Houser seconded and the motion carried. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 23 , 1988 after auditing by the Operations Committee at its meeting at 8 : 30 a.m, on June 1 , 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 4/13 - 4/29/8B 59837 - 59843 60244 - 60280 $258.560.09 5/2/88 60285 - 60760 573,216.61 $831,776.70 Approval of checks issued for payroll: Date Check Numbers Amount 5/5/88 103714 - 104320 $608,790.22 9 - May 17, 1988 REPORTS Council President. Council President White noted that the Council will meet with the Board of Directors of the Federal Way School District at 7: 00 p.m. on May 24 at City Hall to become better acquainted and share goals and objectives . White noted that he has just returned from a National League of Cities meeting in Washington D.C. and that he will report on it at the next Council meeting. White announced that anyone who is interested in serving on the King County 2000 Committee should contact him for an application. Public Works Committee. Johnson noted that the committee would meet next Tuesday at 4: 00 p.m. in the Engineering Building Conference Room. Parks Committee. Dowell noted that the com- mittee would meet on May 25 at 4 : 00 p.m. in the Courtroom. Upon White ' s question, Dowell said that the committee would consider the matter of naming the pond on W. Meeker at its next meeting. ADJOURNMENT WOODS MOVED to adjourn at 8 : 45 p.m. Johnson seconded and the motion carried. I J�i`l/tin Y LL.L�� Marie Jer}rs'ea-, _CMC City Clerk 10 -