HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/07/1995 Kent, Washington
March 7, 1995
Regular meeting of the Kent City Council was called to order at
7: 00 p.m. by Mayor White. Present: Councilmembers Bennett,
Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/
Chief of Staff McFall, City Attorney Lubovich, Planning Director
Harris, Public Works Director Wickstrom, Fire Chief Angelo,
Police Chief Crawford, Parks Director Hodgson, Finance Division
Director Miller and Human Resources Director Viseth. Approxi-
mately 40 people were at the meeting.
PUBLIC Introduction of Visiting Dignitary. Mayor
COMMUNICATIONS White explained that last year the City of
Kent entered into a Sister City agreement with
Yangzhou, China and that a number of exchanges
have taken place out of that agreement. He
noted that last fall people from Yangzhou
visited in our community and did some business
here as well. He further noted that there is
an exchange between Green River College and
Yangzhou College of Professorships, and that the
City of Kent is privileged to have an employee
from the City of Yangzhou working in our city.
The Mayor introduced and welcomed Mr. Tong,
noting that he has been here for about a month.
Blue Ribbon Committee Update on Performing Arts
Center. Mayor White explained that the com-
mittee was formed late last year to look at the
feasibility of establishing a performing arts
center. He introduced Vice-Chairs Pat Curran &
Don Campbell.
Pat Curran introduced other members of the
committee and explained that the committee had
met in October with Baumgartner Architects and
The Collins Group who had been hired to do a
conceptual architectural plan and a business
plan for this particular project with monies
that were appropriated by the Council. She
noted that the performing arts center will have
a 500-600 seat theatre, a 125 seat black box
theatre, a lobby, and all the supporting facili-
ties that go along with that theatre. She
explained that the committee feels very strongly
that the community needs a large meeting space
and they decided to incorporate it into the pro-
ject. She noted that other components include
parking and possible retail and restaurant
space. Don Campbell explained that the com-
mittee began to see that the facility could be
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March 7, 1995
PUBLIC more complex and expensive than what was ori-
COMMUNICATIONS ginally examined. He noted that the committee
is doing more research on how to pull all the
pieces together and explained that the research
falls into two areas: (1) inherent maintenance
and operation costs and (2) cost and finance of
such a structure. He explained that the com-
mittee has been looking at public/private
partnerships and is looking at finding ways for
all areas of the community to participate in the
project. He noted that the committee will
report back to Council in about eight weeks
with additional information from the architect
and consultants.
Employee of the Month. Mayor White announced
that Nick Kurka has been selected Employee of
the Month for March. He noted that Kurka works
for the Public Works/Operations Division and has
been with the City since June, 1987. Mayor
White also noted that Nick goes out of his way
to share his knowledge and skills with others,
and that he has a good rapport with fellow
employees and citizens. The Mayor explained
that Nick has recently been instrumental in the
installation of a storm system on Kensington
Avenue and also on East Russell Street, and that
the job was completed in-house with a minimal
amount of time and quite a savings to the City.
Nelden Hewitt, Utility Maintenance Supervisor,
noted that Nick has done an exceptional job in
working for the City and that his main concern
has always been to provide better service for
the citizens. He thanked Nick for the fine job
and encouraged him to keep up the good work.
Dina Paganucci Day. Mayor White read a pro-
clamation declaring Tuesday, March 14, 1995 as
Dina Paganucci Day in the City of Kent and
encouraged all citizens to join in this tribute
to an outstanding employee. He noted that Dina
has spent 5 years demonstrating great skill and
commitment as the Crime Prevention Officer in
Kent, and that she is respected for her leader-
ship skills, innovative ideas, dedication and
genuine care and concern for the public and
colleagues. Chief Crawford noted that Dina is
also the Public Information Person within the
Police Department and that her work in the
community has been much appreciated.
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March 7, 1995
PUBLIC Regional Justice Center Update. Wendy Keller,
COMMUNICATIONS Project Manager, updated the Council on the pre-
load project, noting that they are about to move
into the third phase. She also noted that bids
are due on March 14 and that she will give an
update on those next time.
Keller explained that there are two entrances
into the building which have been deliberately
designed to direct public entrance into a single
spot in the building, to a security screen which
goes across the lobby. She mentioned that the
security screen has been set up to handle 800
people an hour on one side alone and that there
is also a package screener and a magnatrometer.
She explained that the most volatile part of any
court building is the family court and that they
are located on the first floor closest to
security. Keller further explained that each of
the court rooms and all public desks or public
gathering areas have duress alarms and cameras
watching the areas. She noted that the general
public is located in the front, inmates are
brought up between the pairs of courtrooms in
secure elevators so they never meet the public,
and the staff circulates behind the courts in a
separate staff corridor. She noted that much
time and attention has been given to ensuring
the building will be secure. Orr thanked Keller
for making security the focus of her update
tonight.
Cath Bruner, the 1% for Art Manager for the
RJC Project, noted that the art work has
been separated into two phases as follows:
(1) Phase I is the integrated artwork which are
site-specific works designed for the facility
and which in many cases become part of the
architecture itself; and (2) Phase II which is a
collection of individual artwork such as paint-
ings, drawings, prints, and photographs which
will be mounted in the most public corridor
spaces throughout the facilities. She explained
that the artists were asked to create artwork
that would address the function of the Justice
Center, provide a hospitable and dignified
atmosphere, and also reflect the rich, cultural
heritage that the community enjoys in Kent. She
noted that as one enters the building from the
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March 7, 1995
PUBLIC rear driveway from either 4th Avenue or James
COMMUNICATIONS Street, they will encounter light standards
designed by Sheila Cline which will serve as
signage as well as street lighting. She noted
that the light will emanate from the Scales of
Justice with a shield and emblems that reflect
the City of Kent.
Ms. Bruner noted that the artists were charged
with designing something in the front of the
Justice Center to create an artwork that would
serve as a bridge to the community and would
physically link the Justice Center with the
downtown business community. She noted that
Lorna Jordan uses gardens as artwork, and Paul
Sorry will help develop a garden as front entry
artwork.
Bruner explained that the last project is the
security screen and that artist Mark Gulsrud
from Tacoma specializes in doing very large
scale architectural artwork using glass blocks.
Upon Clark's question, Keller explained that
because of the color of glass chosen for the
security screen, the architect assured them that
it will mostly cast shadows or different lights
within the rotunda and that there will not be a
great deal of glare from it.
CONSENT WOODS MOVED that Consent Calendar Items A
CALENDAR through H, with the exception of Item E, 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 February 21,
1995.
WATER (CONSENT CALENDAR - ITEM 3D)
Renton Intertie Water Agreement. AUTHORIZATION
for the Mayor to execute an agreement with
Renton for the emergency sale of water, upon
concurrence of the Public Works Director and the
City Attorney, as recommended by the Public
Works Committee.
The City has had an agreement with Renton since
the early '80s for the use of emergency water
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March 7, 1995
WATER which has now expired. It is therefore neces-
sary at this time for both cities to sign a new
agreement.
SEWER (OTHER BUSINESS - ITEM 4B)
SeaTac Sewer Extension Request. The City of
SeaTac has requested a Land Use Certification
for a proposed sanitary sewer connection to
METRO's ULID 250 trunk sewer. This sewer line is
located on S. 212th Street and currently ends at
the Green River.
In the past the Mayor, City Council and staff
have consistently opposed this sewer extension.
Accordingly, the proposed resolution opposes and
does not certify SeaTac's proposed sewer exten-
sion.
Planning Director Harris showed the location on
a map and noted that SeaTac's intent is to serve
an area on the hillside in their city. He noted
that Kent's zoning in the area is agriculture on
both sides of S. 212th. He pointed out that
METRO requires notification of Kent's intentions
by March 14th. ORR MOVED to adopt Resolution
No. 1423 which states that the proposed exten-
sion to METRO's ULID 250 trunk sewer is not
consistent with the City's land use policies and
zoning. Houser seconded and the motion carried.
PUBLIC WORKS (OTHER BUSINESS - ITEM 4D)
(ADDED ITEM)
Pass Through Funding for Recycling Events -
Interlocal Agreement. The City Attorney ex-
plained that King County and the City of Kent
have adopted a Comprehensive Solid Waste
Management Plan which includes a 50% waste
stream reduction goal by the year 1995. He
noted that in order to help meet this goal, the
King County Solid Waste Division has established
the City Optional Program which funds projects
that enable citizens to recycle materials not
included in curbside collection programs, and
that cities applying for City Optional funds
must agree to organize a minimum of one special
recycling event. He noted that Kent has sched-
uled two events for this year, one of which is
scheduled for March 18th. He explained that
this has not gone to committee due to the lack
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March 7, 1995
PUBLIC WORKS of time and recommended authorization for
Administration to enter into the interlocal
agreement.
MANN MOVED that the Mayor be authorized to sign
the interlocal agreement with King County that
will provide $11, 080 in grant funds to the City
for special recycling events. Houser seconded
and the motion carried.
STREET (PUBLIC HEARINGS - ITEM 2A)
VACATION West Titus Street Vacation STV-95-2. This date
has been set for a public hearing to consider an
application by the Webster Court Apartments
Limited Partnership and Titus Court Apartments
Limited Partnership to vacate a portion of West
Titus Street located just west of 5th Avenue
South.
Planning Director Harris pointed out the loca-
tion on a map and noted that the proponents have
built a senior housing project on the south side
and have one under construction on the north
side of the proposed vacation.
The Mayor declared the public hearing open.
Allen Scates, 29102 52nd Place South, Auburn,
owner of the property at 621 West Titus,
questioned the cost to property owners and said
the joint agreement is unclear. Public Works
Director Wickstrom explained that either the
property owner or the applicant who is building
the senior housing must pay the City one-half of
the appraised value. He explained that the
parties involved determine how this will be
paid. McFall noted that once payment is re-
ceived by the City, an ordinance is presented to
the City Council for the vacation. David Shira,
615 West Titus, voiced concern about a proposed
gate across Titus Street which would create an
access problem for visitors. He also asked
about parking and maintenance. Wickstrom
noted that one of the conditions is to provide
assurance that all properties are provided with
an access easement. He said another condition
is to provide a 261 wide paved driveway which is
not encroached on by parking. Wickstrom said
that maintenance would be the responsibility of
the property owner, unless other arrangements
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March 7, 1995
STREET are worked out between them. Dan Price, re-
VACATION presenting Titus Court Limited Partnerships and
Webster Court Limited Partnerships, stated that
they will pay all costs incurred on the ap-
praised value of the property, that property
owners will retain ownership in front of their
property up to the center of Titus Street, and
that they will maintain the street.
There were no further comments and WOODS MOVED
to close the public hearing. Orr seconded and
the motion carried. ORR THEN MOVED to approve
the Planning Department's recommendation of
approval with conditions of an application to
vacate a portion of West Titus Street located
just west of 5th Avenue South (STV-95-2) as
referenced in Resolution 1421, and to direct the
City Attorney to prepare the necessary ordinance
upon receipt of compensation and retainment of
the utility easement. Woods seconded and the
motion carried.
TRAFFIC (CONSENT CALENDAR - ITEM 3E)
CONTROL (REMOVED BY MAYOR WHITE)
Speed Humps on SE 236th Place. The Public
Works Committee has recommended that staff be
authorized to install speed humps on S.E. 236th
Place between 104th Avenue S.E. and 108th Avenue
S.E. to alleviate the speeding problem.
After an extensive study by Public Works staff
and the posting of speed signs, a speeding
problem still exists along S.E. 236th Place.
Tom Miller, 10604 SE 236th Place, noted that the
members of the neighborhood have been trying to
work out the speed problem on 236th Place since
1988, and that because it has been a continuous
problem, the neighbors have borrowed the City's
radar equipment to clock vehicles on at least
four separate occasions dating back to 1989. He
noted that cars have been clocked at 53 mph in a
25 mph residential zone that's only four blocks
long. He further noted that it was already a
problem of unacceptable magnitude when the light
at 108th & James Street was installed, which
doubled their problems. He thanked the Council
for their support. WOODS MOVED that speed humps
be installed along SE 236th Place between 104th
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March 7, 1995
TRAFFIC Avenue SE and 108th Avenue SE. Orr seconded.
CONTROL Woods noted that she walks in this area and has
noticed the increase in traffic since the light
has been installed and agreed that it is dan-
gerous. Bennett requested a time frame and
Wickstrom stated that this can be completed
within a month. Jim Leonard thanked the Council
for their handling of this situation. The
motion then carried.
BUSINESS (PUBLIC HEARINGS - ITEM 2B)
LICENSE Adult Entertainment Business Licenses. The
Operations Committee has recommended adoption of
an ordinance adding a new chapter, Chapter 5. 10,
to the Kent City Code establishing new adult
entertainment business license regulations. The
ordinance would repeal current licensing regula-
tions for adult entertainment as codified in
Chapter 5. 11 of the Kent City Code.
The City Attorney noted that current licensing
regulations deal only with exotic dance studios,
and that the proposed ordinance expands licens-
ing regulations to include adult arcades, adult
book stores, novelty stores, video stores, and
adult motion picture theaters in addition to
exotic dance studios. He pointed out that the
current Zoning Code zones adult book stores and
theaters in addition to the dance studios, and
it is therefore appropriate to extend licensing
regulations to other adult business enterprises.
Lubovich noted that under the proposed ordinance
for exotic dance studios, adult entertainment
and dancing is to be performed on a performance
stage intended specifically for that purpose,
and no adult entertainment shall occur closer
than 10' to a patron. He noted that the
proposed ordinance also provides that no
entertainer employed at an exotic dance studio
shall solicit any gratuity or payment from a
patron and that no patron shall directly pay or
give a gratuity to a dancer or entertainer. He
explained that there would be two types of
licenses: 1) an owners or operators business
license and 2) a managers or entertainers/
dancers license. He said the proposed ordinance
also establishes standards of conduct which are
specifically applicable to exotic dance studios.
He noted that the processing fee for an adult
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March 7, 1995
BUSINESS
entertainment business license is $150 and the
LICENSE processing fee for managers or entertainers is
$100. In addition to the processing fee, there
would be an annual license fee of $500 for
exotic dance studios, $150 for all other enter-
tainment businesses, and $150 for a managers or
entertainers license. He said all licensing
decisions can be appealed to the Hearing
Examiner, and from there they would be appealed
to Superior Court.
Lubovich distributed copies of proposed changes
to the ordinance contained in the agenda packet.
He noted that the changes are to Sections
5. 10. 110 and 5. 10. 120, the purpose of which is
to clarify that dancing is to be done on the
stage and any appearances in a state of nudity
must also be on that platform, and to Section
5. 10. 140, which clarifies that those businesses
whose trade is less than 20% adult entertainment
materials are not necessarily considered an
adult entertainment business. MANN MOVED to
amend the proposed ordinance to include these
modifications. Orr seconded and the motion
carried.
The Mayor opened the public hearing. Gilbert
Levy, 2001 Western Avenue, Seattle, represent-
ing DDF&S Investments which is attempting to
develop a parcel in the City of Kent as an
adult nightclub, said portions of the ordinance
are unconstitutional and violate his client's
First Amendment rights. He said that Section
5. 10. 060A requires disclosure of substantial
amounts of information which are unrelated to
the qualifications to obtain a license. He said
Section 5 . 10. 060B appears to require that a
business license be issued within 30 days, but
in fact it is only issued within 30 days of the
time that the clerk deems the license applica-
tion to be complete, which is potentially an
indefinite delay in the issuance of the license.
He said that the 14-day delay in issuance of the
manager's license in Section 5. 10. 060D is exces-
sive.
Levy said that this industry exists on the basis
of table dancing, and that to take away table
dancing, which the proposed ordinance does,
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March 7, 1995
BUSINESS would kill the business. He said that some of
LICENSE the citizens of Kent might enjoy this type of
entertainment, and this legislation would pre-
vent that from happening. He objected to the
10, setback requirement and to the requirement
that entertainers not accept gratuities. He
noted that those gratuities are how the enter-
tainers make a living, and that many of the
entertainers are young women supporting
families. He urged the Council to reconsider.
Levy thanked the City Attorney and Council-
members for the opportunity to speak, and for
their hospitality.
Police Chief Crawford offered his support to the
Mayor and Council and thanked them for ensuring
that there is a very strict ordinance in place.
There were no further comments from the audience
and WOODS MOVED to close the public hearing.
Houser seconded and the motion carried.
The City Attorney recommended the issuance of a
temporary license to managers as well as to
entertainers, and noted that this could be
accomplished by adding the necessary wording to
the last paragraph of Section 5. 10. 060. There
was no objection to adding "entertainment
manager's or" to the sentence regarding issuance
of a temporary license, and it was so ordered.
JOHNSON MOVED to adopt Ordinance No. 3214 , as
amended at this meeting, which adds a new
chapter to the Kent City Code, declares specific
findings of fact related to adult entertainment
businesses, states the intended purpose of the
ordinance, establishes new adult entertainment
business license regulations, and repeals cur-
rent licensing regulations codified in Chapter
5. 11 of the Kent City Code. Woods seconded and
the motion carried.
ANNEXATION (CONSENT CALENDAR - ITEM 3G)
ZONING Jones/Hobbs Annexation Zoning (AZ-95-1) .
AUTHORIZATION to set March 21, 1995 and May 2 ,
1995 as public hearing dates to consider the
initial zoning for the Jones/Hobbs Annexation
area (AZ-95-1) .
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March 7, 1995
METRO (CONSENT CALENDAR - ITEM 3F)
Metro East Kent Park & Ride Lot. AUTHORIZATION
to accept the Bill of Sale for Metro East Kent
Park & Ride Lot submitted by King County Depart-
ment of Metropolitan Services for continuous
operation and maintenance of 465 feet of sani-
tary sewer improvements, and release of bonds
after expiration period, as recommended by the
Public Works Director. The project is located
at 132nd Avenue S.E. & Kent Kangley Highway.
CURFEW (OTHER BUSINESS - ITEM 4A)
Initiative Petition 101 - Juvenile Safety and
Family Reconciliation (Curfew) - Committee
Appointments. Participation in the King County
Voter Pamphlet for Initiative 101 requires
Council appointment of two committees of three
members each to prepare "for" and "against"
statements on the initiative for the pamphlet.
Council President Woods noted that the members
of the committees have information regarding
time lines and directions and pointed out that
advisors may be selected in addition to the
committee members. SHE THEN MOVED for the
appointments of Russ Stringham, Connie Epperly
and Dennis Hedman to the Voter Pamphlet "For"
Committee, and of Tim Clark, John Pagel, and
Hans Rasmussen, with Christi Houser as an advis-
or, to the Voter Pamphlet "Against" Committee.
Johnson seconded and the motion carried.
POLICE (CONSENT CALENDAR - ITEM 3C)
Disposal of Forfeited Firearms. ADOPTION of
Ordinance No. 3215 relating to the disposal
of forfeited firearms. The Revised Code of
Washington (RCW) 9 . 41. 098 Forfeiture of
Firearms - Disposition was revised to allow
municipalities to determine how they will
dispose of forfeited firearms.
PARKS & (CONSENT CALENDAR - ITEM 3H)
RECREATION 1993 ORen Space Bond Interest. ACCEPTANCE from
King County of $117, 874 in 1993 Open Space Bond
interest to be added to the Interurban Trail
Project.
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March 7, 1995
PARKS & (OTHER BUSINESS - ITEM 4C)
RECREATION Riverbend Miniature Golf Course Contract. Two
proposals were received for the renovation of
the Miniature Golf Course at Riverbend Golf
Complex. The two companies were asked to make a
presentation relating to the design and con-
struction of this renovation project. Harris
Golf was selected by the interview panel to
provide the renovation.
Parks Director Hodgson noted that $225, 000 was
set aside in the budget for this renovation. He
said the contract should be finalized in ap-
proximately one week, that construction could
begin the first of April, and that the course
should be complete by June 1st.
HOUSER MOVED to authorize Administration to
negotiate and enter into a contract with Harris
Golf for the design and renovation of the
miniature golf course at Riverbend Golf Complex
within budgeted project funds. Bennett
seconded. Hodgson said that a 9-minute video
will be shown on cable tv when ground is broken
on this project. The motion then carried.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through February 28, 1995 and
CORRECTED • REFER TO Paid on February 15 and February 28, 1995 after
INUTES OF y 96- auditing by the Operations Committee on March 7,
1995.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/95 151838-152389 $1, 716, 025.85
2/28/95 152390-152842 $1,568,715.59
Approval of checks issued for payroll for
February 1 through February 15, 1995 and paid on
February 17, 1995:
Date Check Numbers Amount
2/17/95 Checks 201177-201497 $ 263, 177.75
Advices 22011-22385 481,459. 05
$ 744, 636.80
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March 7, 1995
REPORTS Overations Committee. Johnson noted that the
Committee will meet at 9 : 30 a.m. on March 8th.
Planning Committee. Orr announced that the next
regular meeting of the Planning Committee on
March 21st will be held one hour earlier than
usual, from 3 : 00 to 4 : 00 p.m. She also noted
that the Planning Committee will hold a special
meeting on April 4th from 4 : 00-6: 00 p.m. to con-
tinue their discussion on the Comprehensive
Plan. She noted that public testimony was
concluded today and asked that further communi-
cations on the Comprehensive Plan be in writing
and be presented to the Committee within the
next two weeks. Orr noted that both Planning
Committee meetings were video taped and asked
that both tapes be shown on cable tv within the
next two weeks.
Orr noted that she attended the celebration
dinner at Project Lighthouse last week and that
it was an extremely rewarding experience.
Administrative Reports. McFall announced that
the Meridian Annexation petition was received on
March 3rd, and that the validity of the petition
is currently being verified. He noted that
budget figures and responses to other questions
and concerns raised by Council will be addressed
at a Council workshop regarding the annexation
to be held at 5: 00 p.m. on March 21st.
EXECUTIVE At 8: 25 p.m. McFall announced an executive
SESSION session regarding labor negotiations.
ADJOURNMENT The meeting reconvened at 9: 05 p.m. and
adjourned.
4cQaJ az'e"_ ��
Brenda Jac e , CMC
City Cler
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