HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/19/1993 Kent, Washington
October 19, 1993
Regular meeting of the Kent City Council was called to order by
Mayor Kelleher at 7 : 00 p.m. Present: Councilmembers Bennett,
Houser, Johnson, Orr, White and Woods, Chief Administrative
Officer McCarthy, City Attorney Lubovich, Planning Director
Harris, Public Works Director Wickstrom, Police Chief Crawford,
Fire Chief Angelo, Acting Finance Director Miller, and Human
Resources Director Olson. Approximately 35 people were at the
meeting.
PUBLIC Moment of Silence. Councilmember Bennett
COMMUNICATION offered a moment of silent prayer for the Valdez
family and the Kent police officers who were
involved in the recent tragedy on East Hill.
Agency Enforcement Action. City Attorney
Lubovich removed the Agency Enforcement Action
item scheduled for tonight' s Executive Session
from the agenda.
Red Ribbon Week. Mayor Kelleher read a
proclamation noting that business, government,
law enforcement, schools, religious institu-
tions, service organizations, youth, physicians,
senior citizens, military, sports teams, and
individuals will demonstrate their commitment to
drug-free, healthy lifestyles by wearing and
displaying red ribbons during a week-long
campaign. He declared the week of October 24
through 30, 1993 , as Red Ribbon Week in the City
of Kent, and encouraged citizens to participate
in drug prevention education activities. The
proclamation was presented to Diane Lewis.
CONSENT WOODS MOVED that Consent Calendar Items A
CALENDAR through O be approved. Orr seconded and the
motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of October 5, 1993 .
HEALTH & (CONSENT CALENDAR - ITEM 3L)
SANITATION Canyon Ridge Plaza. ACCEPTANCE of the bill of
sale and warranty agreement submitted by Dayton
Hudson Corporation dba Target Stores, for
continuous operation and maintenance of 1810
feet of water main extension, 1835 feet of
street improvements and 301 feet of storm sewers
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October 19, 1993
HEALTH & and release of bonds after expiration of the
SANITATION maintenance period, as recommended by the Public
Works Committee. The project is located in the
vicinity of 104th Avenue SE & SE 260th Street.
(CONSENT CALENDAR - ITEM 3M)
Peterson Short Plat. ACCEPTANCE of the bill of
sale and warranty agreement submitted by Harold
Peterson, for continuous operation and main-
tenance of 519 feet of water main extension,
448 feet of sanitary sewer extension, 502 feet
of street improvements and 1, 101 feet of storm
sewers and release of bonds after expiration of
the maintenance period, as recommended by the
Public Works Committee. The project is located
in the vicinity of Kensington Avenue & E.
Chicago Street.
SEWER RATES (OTHER BUSINESS - ITEM 4B)
Metro Sewer Rate Increase. The Public Works
Committee has recommended adoption of an
ordinance increasing the City's sewer rates,
reflecting the new increase from METRO which
will take place effective January 1, 1994 .
White noted that the Sewer Fund could not
survive without passing this on, and MOVED for
the adoption of Ordinance No. 3140 increasing
the City' s sewer rates as reflected in METRO's
increase effective January 1, 1994 . Woods
seconded. Bennett asked that a report be
provided by staff on the reason for and use of
the rate increase. The motion then carried.
STREETS (CONSENT CALENDAR - ITEM 3K)
Central Avenue Improvements. AUTHORIZATION to
accept as complete the contract with West Coast
Construction Company for the Central Avenue
Improvements project and to release retainage
after receipt of State releases, as recommended
by the Public Works Committee.
(CONSENT CALENDAR - ITEM 3N)
Kingsport Industrial/196th Corridor Middle Leg.
ADOPTION of Ordinance No. 3139 authorizing the
City to proceed with condemnation at Kingsport
Industrial on the 196th Corridor, Middle Leg, as
recommended by the Public Works Committee.
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October 19, 1993
TRAFFIC (OTHER BUSINESS - ITEM 4C)
CONTROL Star Lake Traffic Issues. Virginia Mannino,
26840 Downing Avenue South, voiced concern about
traffic in her neighborhood. She said that cars
speed around the corners and that she has
trouble getting out of her driveway because of
traffic. She also expressed concern for the
safety of children walking to school. She
suggested speed humps in front of the school and
on some of the streets. She presented a peti-
tion to the City Clerk and Mayor Kelleher
suggested that she attend the Public Safety
Committee meetings, the Public Works Committee
meetings, or both, to discuss the options avail-
able. White noted that, although Manning cannot
attend the Public Works Committee meeting on
October 20th, they will discuss this issue and
that she is welcome to attend a future meeting
to discuss this. Orr added that she is welcome
to attend the Public Safety Committee meeting as
well. The Mayor asked that staff schedule this
issue on their agendas and inform Ms. Manning.
STREET USE (CONSENT CALENDAR - ITEM 3I)
PERMITS Street Use Permits. ADOPTION of Ordinance
No. 3138 relating to Street Use Permits, as
recommended by the Public Works Committee. The
ordinance repeals Chapter 8 . 02 relating to
political signs, Chapter 6. 08 entitled, "Street
Occupation Permits" , and Section 9. 36. 040 of the
Kent City Code entitled "Street Closure" .
Additionally, the ordinance consolidates the
permitting regulations for uses on public
rights-of-way with Chapter 6. 07 entitled,
"Street Use Permits" which relates to uses in
connection with property development and deregu-
lates the permitting and license requirements of
portable signs in public rights-of-way.
WHEELCHAIR (CONSENT CALENDAR - ITEM 3J)
RAMPS Downtown Wheelchair Ramp Improvements.
AUTHORIZATION to accept as complete the contract
with Gary Merlino Construction Company for the
Downtown Wheelchair Ramp Improvements project
and to release retainage after receipt of State
releases, as recommended by the Public Works
Committee.
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October 19, 1993
REZONE APPEALS (PUBLIC HEARINGS - ITEM 2A)
Keck Rezone Anneal RZ-93-1 - Jack Keck. Jack
Keck has filed an appeal of the Hearing
Examiner' s recommendation of approval, with
conditions, of an application to rezone 1.4
acres from R1-7 .2 , Single Family Residential, to
O, Professional and Office. The property is
located on the north side of Smith Street.
The Mayor opened the public hearing. Fred
Satterstrom, Planning Manager, pointed out that
the location is on Smith and Jason, and ex-
plained that three properties are included: a
duplex, the Masonic Hall, and the Keck resi-
dence. He noted that the rezone from Single
Family Residential to Office is consistent with
the Comprehensive Plan Map. He noted that the
"Office" designation was adopted on the
Comprehensive Plan in March 1993 , and that
Mr. Keck filed a rezone which was heard by the
Hearing Examiner in April. He noted that a
number of people testified at that time, that
the Hearing Examiner asked for some traffic
studies to be done by the Engineering Depart-
ment, and that in June the Hearing Examiner
recommended approval with five conditions. He
noted that the five conditions are the subject
of this appeal, and outlined them as follows:
1. The square footage of any development on
Parcel B (Masonic Lodge) or Parcel C (Keck
Residence) shall not exceed 3 , 000 square
feet;
2 . The number of parking spaces for any
development on Parcel C (Keck Residence)
shall not exceed 12 ;
3 . Commercial activity that invites public
access to the properties shall be allowed
only between the hours of 8 a.m. to 6 p.m. ,
Monday through Friday;
4 . The alleyway that adjoins Smith and East
Temperance and crosses the Pringle property
shall not be used to access Parcel C (Keck
Residence) .
4
October 19, 1993
REZONE APPEALS 5• not be cl permit uses allowed unless napproved as ad accessory s es all
condi-
tional use.
Mel Kleweno, 555 W. Smith, Attorney for
Mr. Keck, noted that the Hearing Examiner
looked in detail at the requirements in the Code
and concluded that the rezone applicant met each
and every one. He pointed out that City staff
recommended that the rezone application be
granted. He noted that there were conditions
placed on the DNS which the applicant is willing
to fulfill, and that the appeal period for the
DNS has long expired. Kleweno quoted from the
Hearing Examiner' s Findings and Recommendations
as follows: 11 No development could occur on the
site proposed for a rezone without some further
review and approval by the City. Specific
development impacts can be considered at that
time. " Kleweno noted that Condition 1 states
that any development on Parcels B and C shall
not exceed 3 , 000 sq. ft. , but that the current
Masonic Lodge is 4 , 000 sq. ft. and the Keck
residence exceeds 4 , 000 sq. ft. on several
floors. He noted that the most likely develop-
ment of either property would be the remodel or
redevelopment as it currently sits, rather than
leveling the buildings. He said this condition
means either parcel would have to be partially
demolished or mothballed or redeveloped in a way
that the structure contains only 3 , 000 sq. ft. ,
which does not make sense.
Regarding Condition 2 , Kleweno pointed out that
the City Code shows the minimum amount of park-
ing space is 3 , 000 sq. ft. , and that the Hearing
Examiner is trying to limit development on the
property to 3 , 000 sq. ft. He noted that there
could be 50 people working on the property and
that they would park on the side streets, which
would be an irritant to the neighbors. He said
this pre-emption of the use of the spaces does
not make sense and would create more problems
than it would solve.
5
October 19 , 1993
REZONE APPEALS Kleweno said the hours of commercial activity
noted in Condition 3 unreasonably restrict the
use of the property. He noted that it is
possible a religious group may purchase the
property and would want to use it for services
on Saturday or Sunday, or that a use may require
that people work from 4 p.m. until midnight. He
noted that the neighbors do not want traffic
during school hours, but traffic on Saturday and
Sunday would not be during school hours.
Condition 4 states that the alleyway that
adjoins Smith and East Temperance is not to be
used to access the Keck residence, and Kleweno
said they believe the alleyway has been used by
the owner of the Keck property in excess of
seven years, making it a legal access. He noted
that the Hearing Examiner has overstepped his
grounds in making this type of determination.
Kleweno said that Condition 5 is also unneces-
sarily restrictive, and that these items can be
dealt with when there is a proposal to utilize
the property for office use.
Kleweno pointed out that the City has taken,
with compensation, some of the Keck property two
or three times to widen Smith Street. He opined
that the compensation was not to the extent that
it rewarded him for the damage to the remainder
of his property, and has affected the usability
of the property as a single family residence.
He said that the conditions are premature, and
urged the Council to approve the rezone but
reserve any conditions until the use of the
property is known.
Ralph Horn, 25954 130th Place SE, a member of
and representative for the Masonic Hall Board,
said they are in favor of the rezone but not the
conditions. He explained that Mr. Keck had
approached them last year about rezoning the
property, noting that his property was not
saleable or usable as a family residence because
of its location and that he could not rezone
because it would constitute a spot zone. He
said that discussions between Keck and the City
6
October 19, 1993
REZONE APPEALS indicated that the Planning Department would
favor rezone of the Lodge property to conforming
conditional use. He noted that the Hall Board
agreed to participate with Mr. Keck if there
were no extraordinary costs to the Masonic Hall
Association, if the City was in favor of the
rezone, and if the rezone would not affect their
operation. He noted that Mr. Keck has agreed to
pay any mitigation fees associated with the
rezone, but that the conditions added by the
Hearing Examiner would seriously impact their
operation. He noted that Condition 1 may re-
quire them to reduce their square footage and
that they cannot live with 12 parking stalls.
He explained that the Masonic Hall makes money
for support of the building by renting it out,
and questioned whether they would be restricted
from that and how the limited hours would affect
it. He noted that neither their property nor
the Keck property can ever be used for single
family homes because of the traffic on Smith
Street and because they have no access to a
residential street. He urged support of the
rezone without conditions.
Bob Weber, 833 E. Smith, said he thought the
conditions related to parking and hours were
only for Parcel C. He felt the 3 , 000 sq. ft.
restriction has to do with the size of the
building on the lot, not necessarily the height,
and that the Keck building is not over 3 , 000 sq.
ft. on the ground floor. He felt the Hearing
Examiner's intent was that a larger building not
be built if the present building was torn down.
Doug Petrenchak, 504 Hazel, pointed out that
there is no proof that Mr. Keck has been using
the access alley for any particular period of
time. He said that the limitations on hours and
parking are excellent, and that if the rezone is
approved the conditions need to be in place
before the property is developed. Vick
Pringle, 327 Hazel, noted that neighborhood
children play in the alley and that no one
maintains it. She added that Keck has been
using the alleyway with her permission, and the
few times they stopped him, he threatened them
7
October 19 , 1993
REZONE APPEALS with the police. She said she is against the
rezone, but if it is granted, there must be
conditions to stop Keck from using her backyard.
Kathy Egan, 347 Hazel, stated that she would
like to preserve the neighborhood. She noted
that Keck has access from Smith Street and was
compensated when land was taken. She opined
that this is about money, and that the Masonic
Hall should not have the conditions on their
property, since they are simply trying to help
the Kecks. Victoria Marvin, 907 E. Smith, said
the rezone would adversely affect the neighbor-
hood by causing more traffic, and voiced concern
for the safety of the children. She pointed out
that when Keck has garage sales he uses the
alleyway, but when they have garage sales, he
blocks off his end of the alley and does not
allow them to enter or exit. She noted that
there is no easement on that property and the
taxes on it are paid by the Pringles. She added
that there is no need for office buildings this
close to single family residences. She said she
is against the rezone, but that if it is
granted, it should have conditions. There were
no further comments and WOODS MOVED to close the
public hearing. Orr seconded and the motion
carried.
ORR MOVED to deny the appeal by Jack Keck.
Johnson seconded and the motion carried. Orr
later MOVED to accept the findings of the
Hearing Examiner on the Keck Rezone Appeal.
Johnson seconded and the motion carried.
(CONSENT CALENDAR - ITEM 2B)
Keck Rezone Appeal No RZ-93-1 - Lower East Hill
Residents. Lower East Hill Residents have filed
an appeal of the Hearing Examiner's recommenda-
tion of approval, with conditions, of an
application to rezone 1.4 acres from R1-7 . 2 ,
Single Family Residential, to O, Professional
and Office. The property is located on the
north side of Smith Street.
The Mayor opened the public hearing. WHITE
MOVED that all testimony made in the hearing on
the appeal filed by Jack Keck be incorporated
8
October 19, 1993
REZONE APPEALS into this public hearing. Orr seconded and the
motion carried.
Doris Reed, representing the Lower East Hill
Residents, voiced concern about the procedures
taken, and the dates and times they took place.
She objected that written notification went only
to people who live within 200 ' and asked that
the City review these procedures. She noted
that on April 21, 1993 , the Hearing Examiner
said the burden of proof is on the applicant to
show that the rezone should be granted. She
said the citizens of Lower East Hill do not
believe the applicant has shown why the rezone
should be granted. She listed five conditions
which must be met for any rezone to be granted:
1. The proposed plan would be consistent with
the Comprehensive Plan.
Reed stated that this condition has been
met, noting that the Council changed the
Comprehensive Plan on March 16, 1993 , 35
days prior to the hearing before the Hearing
Examiner. She asked that the City review
this procedure. She noted that the houses
in this neighborhood have gone through urban
renewal and the residents care about the
area.
2 . The proposed rezone and subsequent develop-
ment of the site would be compatible with
the development in the vicinity.
She pointed out that the area in question is
a residential community, with a park across
the street.
3 . The proposed rezone will not unduly burden
the transportation system in the vicinity
of the property with significant adverse
impacts which cannot be mitigated.
Reed noted that Transportation Engineer Ed
White stated that Smith Street is at
capacity. She agreed that the streets are
full and the transportation system will be
unduly burdened.
9
October 19, 1993
REZONE APPEALS 4 . Circumstances have changed substantially
since the establishment of the current
zoning districts to warrant the proposed
rezone.
She agreed that changes have taken place,
but that the families have been compensated
each time. She said this condition has not
been properly considered by the City.
5. The rezone would not adversely affect the
health, safety and general welfare of the
citizens of Kent.
She said the health, safety and welfare of
at least 125 families will be affected, and
that only one man has testified that he
needs this rezone. She noted that the owner
of one of the other parcels is not in at-
tendance tonight, and that the other be is
concerned about how his property will be
jeopardized.
Reed reiterated that the applicant has not
proven that this rezone is necessary, and urged
denial of the rezone.
Greg Gorder, 10820 SE 230th, said that none of
the neighbors feel the proposed development is
compatible. He noted that they were told that
in the case of a rezone a traffic study would be
done and the city would review it. He pointed
out that the City paid for the traffic study.
He also noted that traffic comes from Smith to
Jason, and from the Masonic Hall down the alley,
that there are sometimes 30-40 cars bumper to
bumper, and that commercial activity would
increase traffic. He said the safety of the
residents would be affected and urged denial.
Barbara Keck, 855 E. Smith, noted that they have
lived in this residence over 30 years, and that
the house is now too big for them. She added
that it is a historic home, and asked the
Council for their support of the rezone.
10
October 19 , 1993
REZONE APPEALS Lubovich clarified that this appeal is based on
certain procedural errors and there will not be
a decision on the rezone itself until Item 4A is
discussed. The Mayor determined that the testi-
mony which has been given on this item is in
order and appropriate. Lubovich outlined the
basis for this appeal: a procedural error
regarding the traffic study, a procedural error
relating to action on the Comprehensive Plan, a
procedural error on the Valley Floor Plan Goal 1
regarding traffic impacts, a procedural error
relating to the omission of Hazel Avenue and the
alleyway from the traffic impact report, and new
evidence on recommended approval issued 6/21/93
page 15 item 4 . Katherine Egan said the citi-
zens of the area felt that the decision had
already been made, and that they filed this
appeal in order to fight the rezone every step
of the way. Jean Bennett, 436 Hazel Ave. N. ,
voiced concern with the traffic study which was
used by the Hearing Examiner to approve the
rezone with the conditions attached. She
questioned the use of City funds to perform a
traffic study that is primarily being used for
one citizen. She also voiced concern that Hazel
Avenue was not included in that study, since it
will be one of the most affected streets. She
said it is her feeling the reason it was not
included was because there are no sidewalks on
Hazel Avenue. She suggested that someone look
into the way the traffic study was handled. She
also opined that the Planning Department had
already made a decision, and this was an attempt
to support Keck's position. Upon the Mayor's
question, Public Works Director Wickstrom noted
that in this case, the Hearing Examiner asked
them to do a traffic study, but that normally
the applicant would be required to do the study.
He added for the Mayor that he has never heard
of that being requested before.
Joanne Schultz , 704 E. Temperance, noted that
many of these older homes have been purchased
and remodeled and voiced concern for the
children. She said that the rezone would change
the neighborhood. Rob Hanus, 501 Hazel Avenue,
said that changing the Keck residence would
11
October 19, 1993
REZONE APPEALS affect the charm of the neighborhood. He added
that if this rezone is granted, then possibly
others in the neighborhood would want rezones
also and soon the neighborhood would be gone.
He noted that Hazel and Jason are used to avoid
stoplights on Smith and James. He added that
they would like to have the opportunity to raise
their families in this area, as Mrs. Keck did.
Greg Gorder agreed that Hazel Avenue and the
alleyway should have been included in the traf-
fic study. Vicky Pringle said that the Hearing
Examiner had told them that he would have to
consider the City' s side more than the com-
munity' s side. Kelleher explained that the
Hearing Examiner must consider the laws and
policies of the city, and the merits of the
arguments, but not take into consideration the
number of people who testify. Pringle said they
felt the Hearing Examiner had already made up
his mind without weighing the evidence.
Mr. Kleweno resubmitted his earlier comments for
the record and objected to testimony received
during this portion of the appeal which was not
directly addressed to the items raised in the
appeal. He said the testimony which was given
was not specific to the appeal points.
There was no further public testimony and WOODS
MOVED to close the public hearing. White
seconded and the motion carried. ORR MOVED to
deny the appeal by the Lower East Hill
Residents. Johnson seconded.
Lubovich suggested that it would be appropriate
that the Council make some findings based on the
testimony in this and the earlier action. He
said that it would be appropriate to concur with
the findings of the Hearing Examiner. He
clarified for Orr that by concurring with the
findings of the Hearing Examiner she is not
supporting the rezone, but is looking at the
findings, conclusions and recommendations and
the alleged procedural errors. He said if she
finds there is no basis for modification of the
findings, she will be accepting the findings
which pertain to this appeal. Orr said she
12
October 19 , 1993
REZONE APPEALS accepts the findings of the Hearing Examiner and
that he did follow proper procedure.
White expressed concern about the traffic study
that was done and asked whether by supporting
the motion he is agreeing that the traffic study
was adequate and proper. Lubovich replied that
he would be, but that that would not limit him
from discussing the findings or making other
suggestions at a later date. The motion to deny
the appeal by the Lower East Hill Residents then
carried. Lubovich confirmed for the Mayor that
the language regarding the findings was incor-
porated into this appeal.
REZONE (OTHER BUSINESS - ITEM 4A)
Keck Rezone (RZ-93-1) . The Hearing Examiner has
recommended approval, with conditions, of an
application by Jack Keck, Mel Kleweno (attorney
for Jack Keck) , Rob Hamlin (Masonic Hall repre-
sentative) , and Annette Koarkis, to rezone 1.4
acres from R1-7 . 2 , Single Family Residential, to
O, Professional and Office. The property is
located on the north side of Smith Street.
ORR MOVED to reject the findings of the Hearing
Examiner and to reject the Hearing Examiner' s
recommendation of approval of the Keck Rezone
RZ-93-1 with conditions and to direct the City
Attorney to prepare the necessary ordinance.
Woods seconded.
Mayor Kelleher pointed out that the Council has
concurred with the Hearing Examiner' s findings
on the two appeals, and it would therefore be
appropriate to have specific findings as to why
it is inappropriate to then approve the rezone.
Lubovich agreed. Orr explained that accepting
the Hearing Examiner' s findings based on their
relationship to the appeals does not necessarily
mean that she accepts the findings based on the
rezone, which is why she agreed to accept the
findings. She noted that she has read all of
the testimony and material and has walked
through the neighborhood. She pointed out that
although the Keck home is near a heavily
traveled street, there are other homes all over
13
October 19, 1993
REZONE the city on the same kinds of streets, so that
was not a valid reason for changing the zoning.
She said she is not certain the traffic study
was adequate, and would like an investigation
into why the city paid for it and why the
Hearing Examiner asked that it be done. She
pointed out that Keck's attorney discussed the
increase in traffic during school hours, but
that according to testimony, school hours are
not the problem. She said it had to do with
times children were getting on and off buses
before and after school, as well as weekends and
evenings. Orr noted that she was not aware
before the Comprehensive Plan was changed that
there would not be access from Smith Street if
they were zoned Office. She stated that there
is no way to know what would happen to that
property in six months, so even the limited
conditions discussed tonight could have been
changed if Council agreed to do the rezone. She
noted that some of the traffic volumes in one of
the charts seem unacceptable, since she has
walked through the neighborhood, and that the
added traffic generated by a different use of
those properties would be unacceptable.
She said for those reasons she cannot support
rezoning the properties to Office. She asked
what can be done to reverse the Comprehensive
Plan to what it was before March when the change
was made, and asked that the way residents are
notified of discussions on changes to the
Comprehensive Plan be changed.
Lubovich confirmed for the Mayor that the
findings delineated by Councilmember Orr are
satisfactory and legally defensible.
JOHNSON MOVED to amend the motion to include the
following:
1. Comprehensive Plan, Goal 1, Objective 1:
Encourage the retention and rehabilitation
of existing residential neighborhoods on and
adjacent to the Valley Floor, especially
those within and around the CBD core.
14
October 19, 1993
REZONE 2 . Comprehensive Plan, Goal 1, Objective 2,
Policy 2 : Utilize regulatory measures
(e.g. , zoning) to protect neighborhoods
against uses incompatible with residential
development.
Johnson stated that the Comprehensive Plan
is meant to be a blueprint which designates
land use in a particular area, and that
zoning designates a specific parcel for a
specific use.
3 . The proposed rezone would have adverse
affects on the health, safety and general
welfare of the citizens in the area
surrounding the proposed rezone.
Johnson said he feels the concerns of the
residential owners regarding potential
development are legitimate, even with
restrictions.
4 . Circumstances have not changed since the
establishment of the single family zone to
warrant approval of the rezone request.
Johnson said that while the widening of
Smith Street has resulted in the loss of
land in the proposed rezone, the close
proximity does not prohibit the use or
desirability as a single family home.
Orr and Woods agreed to these amendments and
they were incorporated into the original motion.
Ralph Horn then withdrew the Masonic Hall Board
Association' s part of the rezone application
because it is not in agreement with the intent
of the City and it is detrimental to the Masonic
Hall. Lubovich agreed with the Mayor's comments
that if the Council were to act to the contrary
and approve the rezone, that would be impracti-
cal. Mayor Kelleher suggested allowing the vote
to continue, but noted that if it is voted down
and a motion is made to approve the rezone, then
there would be a legal problem. Lubovich
agreed. The Mayor clarified that the motion is
15
October 19, 1993
REZONE to deny the rezone based upon the findings
outlined by Orr and Johnson.
Mr. Keck noted that if the Masonic Hall with-
draws, the traffic will be almost eliminated.
He explained that he had previously told the
Hearing Examiner that he would not let people in
the Office zoning use the alley, that only the
owner and the garbage company could use it. He
pointed out that if the alley is not used, then
all entries and exits are on Smith Street. He
said the only problem is the hours for office
use, and that there is no law regarding that.
The motion to deny the rezone then carried.
BUILDING CODE (CONSENT CALENDAR - ITEM 3C)
AMENDMENT Building Code Amendment. ADOPTION of Ordinance
No. 3137 amending Chapter 14 . 02 of the Kent City
Code relating to Building Code Fees, as recom-
mended by the Operations Committee. The 1991
Edition of the Uniform Building Code was adopted
by the City of Kent pursuant to Ordinance No.
3052 as codified in Chapter 14 . 02 of the Kent
City Code. The adopting ordinance amended
Section 3 . 04 of the Uniform Building Code to
provide that fees for Building Fee Permits be
set only pursuant to Table 3-A of the Code.
Ordinance No. 3137 amends the restrictive
language of Ordinance No. 3052 to allow
flexibility in establishing building permit
fees.
BUILDING CODE (CONSENT CALENDAR - ITEM 3D)
FEES Building Code Fees. ADOPTION of Resolution
No. 1371 establishing Building Permit Fees, as
recommended by the Operations Committee. Table
3-A of the 1991 Edition of the Uniform Building
Code, as adopted pursuant to Ordinance No. 3052
and as codified in Chapter 14 . 02 of the Kent
City Code, establishes building permit fees.
The City desires to utilize the fees set forth
in Table 3-A of the Code and to establish basic
plan review fees. Table 3-A does not establish
fees relating to basic plan reviews. Resolution
No. 1371 adopts the fee schedule set forth in
Table 3-A of the Uniform Building Code as well
as establishing basic plan review fees.
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October 19, 1993
CITY CONTRACTS (CONSENT CALENDAR - ITEM 3E)
Contract Form Review. ADOPTION of Resolution
No. 1372 establishing as a City policy the
requirement that contracts executed by or on
behalf of the City be reviewed and approved as
to form by the City Attorney's Office, and that
contracts not requiring the signature of the
Mayor under the City's procurement code be
reviewed and executed by the appropriate de-
partment head. This was recommended by the
Operations Committee.
SISTER CITY (CONSENT CALENDAR - ITEM 3G)
City of Yangzhou, China. RATIFICATION of the
Memorandum of Understanding between the City
of Yangzhou, China, and the City of Kent,
Washington, establishing a Sister City
Relationship. This document was signed on
September 28, 1993 during a visit to Kent by a
delegation from Yangzhou.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3H)
Arts Commission Reappointments. CONFIRMATION of
the Mayor' s reappointments of JoAnn Brady, Bev
Domarotsky, Doug Gesler, Midge Sweley and Frank
Zaratkiewicz to continue serving as members of
the Kent Arts Commission. Their reappointments
will continue to 10/31/97 .
FIRE DEPT. (BIDS - ITEM 5B)
Emergency Generator at Station 74. The 1993 CIP
approved the purchase and installation of an
emergency generator for Fire Station 74 . The
bid opening was held on October 11, with three
bids received. The Public Safety Committee and
Fire Administration recommend that the bid be
awarded to Veca Electric Co. , Inc. , in the
amount of $71, 260, plus tax. WOODS MOVED that
the bid for the purchase and installation of the
emergency generator at Fire Station 74 be
awarded to Veca Electric Company, Inc. in the
amount of $71, 260 plus sales tax, and that the
Mayor be authorized to sign the contract. White
seconded and the motion carried.
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October 19 , 1993
COUNCIL (CONSENT CALENDAR - ITEM 30)
(ADDED BY COUNCILMEMBER WOODS)
Council Absence. APPROVAL of a request from
Paul Mann for an excused absence from tonight's
meeting.
CITY HALL (BIDS - ITEM 5A)
Uniform & Linen services. Bid opening was held
on September 30, with five bids received. The
Operations Committee has recommended that the
Mayor be authorized to sign a three-year con-
tract with Cintas Linen in the amount of $40, 230
per year. HOUSER MOVED that the Uniform & Linen
Services contract be awarded to Cintas Linen in
the amount of $40, 230 per year and that the
Mayor be authorized to sign the contract. White
seconded and the motion carried.
PERSONNEL (CONSENT CALENDAR - ITEM 3F)
Approval of Reclassifications. APPROVAL of
employee reclassifications in accordance with
City policy 2 . 2 . 1. , as recommended by the
Operations Committee on October 5, 1993 .
FINANCE (CONSENT CALENDAR - 3B)
Approval of Bills. APPROVAL of payment of the
bills received through October 15, 1993 , after
auditing by the Operations Committee at its
meeting on November 2 , 1993 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
10/1 - 10/15 #135117-135559 $1,890,923 .52
Approval of checks issued for payroll:
Date Check Numbers Amount
10/20/93 Checks 187380 - 187740 $ 294, 236. 20
Advice 10022 - 10340 383 , 759. 26
$ 677,995.46
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October 19, 1993
REPORTS Planning Committee. Orr noted that a workshop
has been scheduled for November 30th from
5: 00 p.m. to 9 : 00 p.m. on the Capital Facilities
Plan. She added that Henderson & Young will be
in attendance.
Administrative Reports. McCarthy pointed out
that there is a status report on the Target
Issues in the packet. He also noted that there
are two meetings tomorrow night related to the
Regional Justice Center: the arts group will
meet at 5: 00 p.m. and the citizens and business
group will meet at 7 : 00 p.m. in the Council
Chambers at Kent City Hall.
EXECUTIVE At 9: 10 the Mayor announced an executive session
SESSION of approximately 10 minutes to discuss labor
negotiations and property acquisition.
ADJOURNMENT The meeting reconvened and adjourned at
9 : 30 p.m.
Brenda Jac ber, CMC
City Clerk
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