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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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(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.
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April 18, 1995
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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.
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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.
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April 18, 1995
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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.
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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.
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April 18, 1995
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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.
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Date Check Numbers Amount
4/5/95 Checks 202173-202484 $ 253 ,302 .81
Advice 23184-23568 $ 471,241.91
$ 724, 544 .72
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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.
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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.
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ADJOURNMENT The meeting adjourned at 8 : 00 p.m.
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renda Jacob€r, CMC
City Clerk
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