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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/18/1995 Kent, Washington April 18, 1995 Regular meeting of the Kent City Council was called to order at 7:00 p.m. at Totem Junior High School by Mayor White. Present: Councilmembers Clark, Houser, Johnson, Mann, Orr and Woods, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom and Police Chief Crawford. Councilmember Bennett was excused from the meeting. Approximately 70 people were at the meeting. PUBLIC National D.A.R.E. Day. Mayor White read a pro- COMMUNICATIONS clamation noting that Kent students ranging from kindergarten through sixth grade participate in the Drug Abuse Resistance Education Program, and proclaiming April 20, 1995 as National D.A.R.E. Day. He encouraged all citizens to participate in D.A.R.E. activities, making a visible statement that we are strongly committed to a drug-free community. The proclamation was presented to Police Officer Steve Holt. Volunteer Week. The Mayor noted that the City has volunteers working in numerous departments and offices, as well as serving as members of various boards, commissions and committees, and proclaimed April 24-28, 1995, as Volunteer Week in the City of Kent. He urged all citizens to acknowledge the contributions of these valued volunteers. The proclamation was presented to the City Clerk. Youth Program Briefing. Lori Hogan, representing Parks Director John Hodgson, thanked the Mayor and Council for their support for youth and teen pro- grams. She noted that current projects include apartment based recreation, teen leadership camp, a mobile unit with recreation equipment, outdoor and environmental programs, a pilot scholarship program, possible late night recreation, before and after school programs, job readiness work- shops, summer youth employment, and Project Lighthouse. She added that they are looking forward to expanding the Lighthouse to West Hill, possibly at Totem Junior High. Hogan stated that the City's Youth Committee developed the "We Value Youth" concept, among other projects. She noted that the Art Reclamation Program at Glenn Nelson Park will be started right away. Mayor White added that a park will be built on Military Road on a site which the City of Seattle had considered using for a water tank. He explained that the City has recently purchased the site and will work with the neighborhood to develop a park. 1 i I I April 18, 1995 PUBLIC Comprehensive Plan. Dale McLerran, 14520 28th NE, COMMUNICATIONS Seattle, asked the Council to examine the zoning that was recommended unanimously by the Planning Commission and modified as an addendum at the last Planning Committee meeting. Phil Van Eynde, 8726 126th Avenue NE, Kirkland, asked to address the Council regarding Addendum A to the Comprehensive Plan as it had been recom- mended by the Planning Commission. He read a letter regarding the rezoning efforts of the owners of properties located at 10605, 10707, 10717, 10723 and 10805 S.E. 248th Street which stated that Councilmember Orr put forth a last moment attempt to change the Comprehensive Plan to suit her personal agenda and that denying the property owners the density that their neighbors have been granted is a classic example of bureau- cratic confiscation of property and property rights. The letter also stated that Councilmember Orr did not attend any of the Planning Commission meetings, and that she attempted to "slip one in". The letter requested that the Council reconsider the rezone of these properties. WOODS MOVED to make Van Eynde's letter a part of the public record. Mann seconded and the motion carried. Woods suggested that comments on the Comprehensive Plan be made when that issue is being considered later in the meeting. Woods then said that Van Eynde's letter is a blatant personal attack on Councilmember Orr. She noted that it is not the role of a Councilmember to participate in Planning Commission hearings, and she explained that the Planning Commission holds public hearings, processes the information, and makes a recommendation to the City Council. She reiterated that it would have been wrong for Councilmember Orr to attend the Planning Commis- sion meetings and that she should not be faulted for not being there. Woods pointed out that there is an almost immediate opportunity to refine the Comprehensive Plan. Orr thanked Dr. Woods for her comments and noted that although the property owners have said they are surrounded by multi-family with no potential for single-family, there are in fact at least three single-family homes being built adjacent to one of the properties. 2 April 18, 1995 COMPREHENSIVE (OTHER BUSINESS - ITEM 4A) PLAN Kent Comprehensive Plan CPA-94-1. The Planning Committee has recommended adoption of the proposed Kent Comprehensive Plan. Adoption of the Plan culminates a three-year process which has included extensive public input, and is mandated by the State Growth Management Act. Once adopted, the Comprehensive Plan will be reviewed and revised annually. (Comments from Dale McLerran and Phil Van Eynde on the Comprehensive Plan were also made earlier in the meeting. See Public Communications, page two. ) Orr noted that in 1990 staff began a process designed to get the most input possible before submitting a plan to the Planning Commission. She noted that in 1992 the Council adopted framework planning goals and an interim urban growth boundary. She added that a community forum con- sisting of a video presentation, a survey of citizens and a visual preference survey was held in 1992 . Open houses were held in 1993 to present the results of the forum and survey, and to re- ceive additional public comment. In 1994 a second community forum with a second video was conducted and citizens were encouraged to present their views. Orr noted that a draft proposal was sent to the Planning Commission and in 1994 the Commission held five public hearings, taking at least ten hours of public testimony. She said the recommendations were sent to Council in January 1995 and Council directed the draft plan to go to the Planning Committee for additional public comment and final recommendation to the Council. Orr pointed out that the Planning Committee held three special meetings to address issues related to the Comprehensive Plan. She noted that all parties who testified at the Planning Commission were notified of the meetings, and that testimony was taken. Orr said the proposed plan achieves the goals set by Council that are supported by the majority of citizens. She said the City will be able to reach the projected population growth without the creation of additional multi-family zones on East or West Hills, which is the desire of the citizens. Orr noted that they have worked with neighboring jurisdictions and King County to 3 April 18, 1995 COMPREHENSIVE identify mutually acceptable boundaries and PLAN potential annexation areas. She noted that the Plan will be reviewed annually Orr indicated that at today's Planning Committee meeting a recommenda- tion was made on the procedure for the annual review and that that proposal will be brought to ! Council soon. Orr thanked everyone who participated in this process, and commended the staff for their support in putting the Plan together. She then MOVED to adopt Ordinance No. 3222 adopting the Kent Com- prehensive Plan including Exhibits A through E, and Exhibit F as recommended unanimously by the Planning Committee earlier today, and recommended that all communication received be made part of the public record. Johnson seconded. I Dale McLerran, 14520 28th NE, Seattle, noted that the Benson corridor is an area of commercial development and that just east of the Benson corridor on the south side of 248th is a con- siderable amount of multi-family residential development with the exception of six acres. He added that across the street is an area of low density single-family housing and the Morrill property which has been purchased by the city and is designated for a park or teen center. He pointed out that there are churches, a school, a park and a fire department in the area. He said there are three single-family residences currently under construction which were begun after much multi-family development occurred around it. He concluded that this area has already been desig- nated as an activity center consistent with multi- family development and asked the Council to zone this area multi-family residential. I Councilmember Clark said he is upset at the personal attack against Planning Committee Chair Orr, noting that she did all in her power to make the process open and above board. He expressed concern about the comments made regarding a sneak j agenda, and noted that the Committee repeatedly receives complaints from people regarding more multi-family complexes. He pointed out that the Committee's vote was unanimous, and said the decision made was appropriate. I 4 April 18, 1995 COMPREHENSIVE Ron Harmon, 20627 95th Avenue South, said he has PLAN attended several Planning and Council meetings and commended the Planning Committee and the Council Planning members on accepting all input, digesting the information, reading citizen's letters, and hearing complaints, and urged the Council to adopt the Committee's recommendation of acceptance. There were no further comments and Orr's motion carried unanimously. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR J be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) A_RProval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 4, 1995. COUNCIL (CONSENT CALENDAR - ITEM 3J) (ADDED BY COUNCIL PRESIDENT WOODS) Council Absence. APPROVAL of an excused absence for Councilmember Bennett from tonight's meeting, as he is unable to attend. I (CONSENT CALENDAR - ITEM 3F) Trip to Asia and ARROintment of Acting Mayor Pro Tem and Council President. ADOPTION of Resolution No. 1426 authorizing a trip to Asia for the Mayor and Council President and appointing an acting Mayor Pro Tempore and Council President. The Mayor and Council President will be traveling through Asia in May, 1995 for the purpose of developing trade relations and recruiting atten- dance for the annual International Trade Exchange. Therefore, it is necessary to appoint an Acting Council President/Acting Mayor Pro Tempore to act in their absence. The resolution also authorizes the trip and incidental expenses with major expenses such as airfare and hotel covered by the j Trade Exchange. WATER (BIDS - ITEM 5B) 98th Avenue South Water Main Rebuild. The bid opening for this project was held on April 13, 1995 with nine bids received. The low bid was submitted by Gary Harper Construction in the amount of $44,940.87 including tax. The engineer's estimate was $63,854.23 . The project consists of the construction of water main relocation work. 5 i I April 18, 1995 I I WATER The Public Works Director recommends that this project be awarded to Gary Harper Construction in j the amount of $44 , 940.87 including tax. MANN SO MOVED. Houser seconded and the motion carried. (CONSENT CALENDAR - ITEM 3I) 112th Avenue Water Tank Repaint. ACCEPT as complete the contract with Coatings Unlimited for the 112th Water Tank Repaint project and release of retainage after State releases, as recommended by the Public Works Director. The original con- tract was $70, 384 . 10. The final construction cost was $71, 682 . 50. j STREET (BIDS - ITEM 5A) IMPROVEMENTS James Street/4th Avenue North Improvements. Bid opening for this project was held on March 30, 1995 with seven bids received. The low bid was submitted by Shoreline Construction in the amount of $282, 206. 26 including tax. The engineer's estimate was $384 ,810. 34 including tax. The project consists of street widening and asphalt paving of James St. from UPRR tracks to 4th Ave. N. The Public Works Director recommends that he be authorized to enter into a contract with Shoreline Construction Company in the amount of $282, 206. 26 for this project on the condition that the City first receive Regional Justice Center traffic mitigation funds from Metropolitan King County to pay for traffic mitigation. Mayor White reported that King County appro- priated the funds to build the Regional Justice j Center yesterday, and that the contract will be let this week. I MANN MOVED that the Public Works Director be authorized to enter into a contract with Shoreline Construction Company in the amount of $282, 206. 26 for the James Street/4th Avenue Improvements Project, on the condition that the City first receive Regional Justice Center traffic mitigation funds from Metropolitan King County to pay for traffic mitigation. Houser seconded and the motion carried. i i 6 I I I April 18, 1995 I I I REZONE (CONSENT CALENDAR - ITEM 3C) Ladum Rezone RZ-94-2 . AUTHORIZATION to set May 2, 1995 as the date for a public meeting to consider the Hearing Examiner's reconsideration of this recommendation of approval for a rezone appli- cation (RZ-94-2) by Larry and Jacqueline Ladum. The property is located at approximately 6300 S. 236th Street. i BUSINESS (PUBLIC HEARINGS - ITEM 2A) LICENSES Adult Entertainment Licensing Amendments. On March 7, the City Council adopted Ordinance No. 3214 establishing new license regulations for adult entertainment businesses within the City of Kent. Since the adoption of that ordinance, two court cases have made rulings on similar ordi- nances. On March 24, the Washington State Supreme Court, on a challenge to Seattle's ordinance, held that a decision to revoke or suspend an adult entertainment license must be stayed through any judicial appeal process. On March 29, a King County Superior Court, on a challenge to Bellevue's ordinance, invalidated a provision similar to Kent's that prohibits representations, such as signs or posters depicting adult entertainment, from being visible outside the premises. The proposed ordinance incorporates these changes, makes various amendments to clarify language, and makes other minor modifications. j The City Attorney explained that these amendments prevent potential challenges to the recently adopted ordinance. He noted that the key features of the ordinance, that entertainment be on a stage intended for that purpose and be 10 feet from j patrons, remain unchanged. The Mayor opened the public hearing. There were no comments from the audience and WOODS MOVED to close the hearing. Orr seconded and the motion carried. JOHNSON MOVED to adopt Ordinance No. 3221 amending Chapter 5. 10 of the Kent City Code as adopted pursuant to Ordinance No. 3214 relating to licensing regulations for adult entertainment businesses. Orr seconded and the motion carried. i i i 7 I April 18, 1995 I MUNICIPAL (CONSENT CALENDAR - ITEM 3D) COURT Municipal Court Security IIRarades. AUTHORIZATION to establish a budget of $15,400 to do security upgrades to the Municipal Court, as recommended by the Operations Committee on April 12, 1995. This includes remodeling the Judge's office so that he can directly access the bench, and adding security glass to the cash receipting window. (CONSENT CALENDAR - ITEM 3E) Municipal Court Clerk and Security Staffing. APPROVAL to add 2 .5 FTE temporary clerk positions to the Court for the balance of 1995 due to in- creasing activity levels at Kent Municipal Court and the need to conduct follow-up tracking of imposed sentences and the addition of a temporary, part time limited commission" security officer for the court to work up to 20 hours per week. � PARKS & (CONSENT CALENDAR - ITEM 3G) RECREATION I.A.C. Matching Fund Grant. ADOPTION of Resolu- tion No. 1427 authorizing the application to the Interagency Committee for Outdoor Recreation for the acquisition of the Morrill property (East Hill Park Expansion Project) . (CONSENT CALENDAR - ITEM 3H) Skateboard Park Committee. AUTHORIZATION for the Parks and Recreation Director to form a citizen's committee, including youth, to research the location, planning, funding and construction of a skateboard park in Kent. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through March 31 and paid on � March 31, 1995 after auditing by the Operations ! Committee on April 12, 1995. Approval of checks issued for vouchers. Date Check Numbers Amount 3/16/95-3/31/95 153375-153928 $1,760, 375. 99 Approval of checks issued for payroll for March 16 through March 31, 1995 and paid on April 5, 1995. I Date Check Numbers Amount 4/5/95 Checks 202173-202484 $ 253 ,302 .81 Advice 23184-23568 $ 471,241.91 $ 724, 544 .72 8 i April 18, 1995 REPORTS Council President. Woods noted that the back of the Summary Agenda sheet now contains information on how to access the Council through Committees and thanked the City Clerk's Office for their help. Woods also noted that Congressmember Jennifer Dunn will be available to meet with Councilmembers and others on Thursday in the Council Chambers. ORerations Committee. Johnson noted that the Committee will meet at 9 : 30 a.m. on April 26 in j Council Chambers East. i Planning Committee. Orr thanked her colleagues on the Council for their support on the Comprehensive Plan, and for their comments tonight. Orr noted that the Planning Commission has not reached a decision yet on the court-ordered adoption of an acceptable number of sites for adult entertainment use, and suggested that if they are unable to do so at their next meeting, that the Council consider sending this item to the Planning Committee for a recommendation. She expressed concern about letting the second six- month moratorium expire without taking action. She noted that by not taking action, the City is opening up the entire city to adult entertainment businesses. Houser agreed with Orr that action should be taken as soon as possible and said she is willing to have the Planning Committee work on it. Mayor White asked Planning Director Harris to prepare a memorandum to the Planning Commission expressing Council's wishes. i ADJOURNMENT The meeting adjourned at 8 : 00 p.m. i f ; B ' renda Jacob€r, CMC City Clerk ! 9