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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/20/1995 Kent, Washington June 20, 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, and Finance Director Miller. Councilmember Houser and Councilmember Johnson were excused from the meeting. Approximately 75 people attended the meeting. PUBLIC Asia Pacific Trade Exchange Report. Scott Jackson COMMUNICATIONS distributed a program for the 1995 Trade Exchange and thanked the City for sending Mayor White and Council President Woods on the recent recruitment mission. He commended the Mayor for his efforts to lead this high level delegation while dealing with a severe physical problem. He also thanked Council President Woods for her contribution. Jackson noted that during the trip, the Vice- Minister of the China Light Industry and Trade Association confirmed that they will send a dele- gation of 50 participants to the Trade Exchange not only to buy products, but to help cut the ribbon for the new foreign trade zone designation in Kent. He also reported that the private sector is responding more than ever before. Barbara Ivanov of the Chamber of Commerce, noted that one local business has said it costs less to ship products to Hong Kong than it does to drive it in a truck to Los Angeles. She distributed a partial list of local companies who were exhi- bitors at last year's Trade Exchange, and noted that there are also regional companies doing business in Kent. Ivanov invited the Mayor and Council President to work with the Chamber to plan strategically to bring small and mid-size com- panies on board. Woods said the investment made by the City some years ago for this program was a wise investment and expressed appreciation at being able to participate. Hate Speech. Ted Stamen, Rabbi at Bet Chavarin, 23812 41st Avenue South, noted that he has seen Nazi propaganda on television recently and asked that the City of Kent go on record as being a hate-free community. He said Kent is a place where people live together in peace and harmony and he would like to see it stay that way. Mayor 1 June 20, 1995 PUBLIC White suggested that the City Attorney be directed COMMUNICATIONS to prepare the appropriate resolution and bring it back to Council at the next meeting. There was no objection and it was so ordered. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR M 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 June 6, 1995. WATER (CONSENT CALENDAR - ITEM 3C) Third Avenue Bridge Water Main Replacement. ACCEPT as complete the contract with Gary Harper Construction for the Third Avenue Bridge Water Main Replacement project and release of retainage after State releases, as recommended by the Public Works Director. The original contract was $18, 174 .35. The final construction cost was $19, 138 . 02 . (CONSENT CALENDAR - ITEM 3F) Naden Avenue RV Parking Area - Water & Sewer Service. APPROVAL of a request from a local RV club to install a dump station and water service at the Naden Avenue R.V. Parking area. This is estimated to cost $20, 000. The monies are avail- able in the Miscellaneous Watermain Improvement Fund (W40) and Miscellaneous Sewer Improvement Fund (D20) . No budget request is needed. It has been recommended by the Public Works Committee that these utility services be installed at the Naden Avenue R.V. Parking area. SEWER (OTHER BUSINESS - ITEM 4C) (ADDED BY OPERATIONS DIRECTOR MCFALL) Sewerage System. Public Works Director Wickstrom explained that a sewer line in the vicinity of West Valley Highway and S. 216th is sinking and that the sewer line is broken on both sides of the manhole. He said that this is a threat to the road and that repairs need to be made immediately. He noted that repairs could cost up to $60, 000 and that funds are available in the Miscellaneous Sewer Fund. MANN MOVED to adopt Resolution No. 1435 authorizing the City' s Public Works 2 June 20, 1995 SEWER Director to take any and all acts necessary to remedy the sewerage system problem, and ratifying all acts of the City taken with respect to this problem prior to the passage of this resolution. Woods seconded and the motion carried. (BIDS - ITEM 5A) Titus Street Storm Rebuild. Bid opening for this project was held on Friday, June 2nd with 7 bids received. The low bid was submitted by Shoreline Construction in the amount of $302,791.90. The Engineer' s estimate was $265,706.00. The project consists of reconstructing and upsizing the storm sewer system on Titus from 1st Avenue to 4th Avenue. Although the low bid is actually 14 percent over the Engineer' s estimate, all of the bids were fairly close. As such, it is obvious that the low bid is a fair representation of the project cost. The monies for this project are available within various funds associated therewith. It has been recommended by the Public Works Committee, that the Titus Street Storm Sewer Rebuild project be awarded to Shoreline Construc- tion in the amount of $302,791.90. MANN MOVED that the Titus Street Storm Sewer Rebuild project be awarded to Shoreline Construction in the bid amount of $302 ,791. 90. Bennett seconded and the motion carried. PUBLIC WORKS (BIDS - ITEM 5B) 1995 Asphalt Overlays. Bid opening for this project was held on Wednesday, June 14th with 2 bids received. The low bid was submitted by M.A. Segale in the amount of $288 , 823 . 30. The Engineer' s estimate was $302,729 .20. The project consists of asphalt concrete pavement work and replacement of channelization. It is the recommendation of the Public Works Director that this project be awarded to M.A. Segale in the amount of $288,823 .30. MANN MOVED that the 1995 Asphalt Overlays project be awarded to M.A. Segale in the amount of $288,823 . 30. Bennett seconded and the motion carried. (BIDS - ITEM 5C) Mill Creek Box Culverts. Bid opening for this project was held on Friday, June 16. Public Works 3 June 20, 1995 PUBLIC WORKS Director Wickstrom noted that two bids were received, and the low bid was from P.I.P.E. Inc. in the amount of $237 , 100. 00. He explained that this is for the material for the project only, and that the Engineer' s estimate was $250, 000. 00. He recommended that the low bid be awarded the con- tract. MANN MOVED that the Mill Creek Box Culverts supply contract be awarded to P.I.P.E. Inc. , in the bid amount of $237, 100. 00. Woods seconded and the motion carried. FEMA (CONSENT CALENDAR - ITEM 3G) FEMA Floodplain Maps. ADOPTION of Ordinance No. 3232 amending Ordinance Nos. 2867 and 3228 by deleting a portion of the paragraph associated with Manufactured Homes and adopting June 16, 1995 as the effective date of the new FEMA maps, as recommended by the Public Works Committee. RECYCLING (CONSENT CALENDAR - ITEM 3D) Recycling Programs. AUTHORIZATION for the Mayor to sign the Consultant Services Agreement with Pacific Energy Institute for the purpose of con- ducting waste and recycling audits, developing educational materials and pilot projects to increase the diversion rate of recycled materials, as recommended by the Public Works Committee and upon concurrence with the City Attorney and Public Works Director. The amount of this contract is $50,756 . 00 with the monies drawn from a King County grant for $116, 000. 00. STREET (CONSENT CALENDAR - ITEM 3E) VACATIONS 71st Avenue South Street Vacation. ADOPTION of Resolution No. 1432 setting August 1, 1995, as the public hearing date for the 71st Avenue South Street Vacation, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3L) 26th Place South Street Vacation. An of Ordinance No. 3233 vacating a portion of 26th Place South. Council approved this street vacation on May 2 , 1995, subject to conditions which have now been met. 4 June 20, 1995 TRAFFIC (CONSENT CALENDAR - ITEM 3H) CONTROL 196th Corridor Railroad Grade Separation. ADOPTION of Resolution No. 4433 to petition the Washington Utilities and Transportation Commission to seek a determination that an above-grade rail- road crossing should be constructed as part of the City's proposed 196th Street Corridor project. Woods noted that the resolution contains language which has been modified from that which appears in the agenda packet. ANNEXATION (PUBLIC HEARING - ITEM 2A) ZONING Beck Annexation Zoning AZ-95-2. This is the second of two required hearings for the proposed initial zoning of the Beck Annexation area. The first hearing was held on May 16, 1995 . The Planning Commission recommends approval of Zoning Alternative No. 3 . Kevin O'Neill of the Planning Department pointed out the area on the map. Dave Hemboldt, 22521 94th Avenue South, requested that property he owns in the area be zoned R1-12 , as the 12 , 000 sq. ft. lots would be more com- patible for their proposed three-lot short plat. Don Whitener, 812 Hilltop Avenue, explained that he purchased 2-1/2 acres of property in 1966 and that his neighbor purchased the adjoining 2-1/2 acres. He noted that in 1993 he learned that the County would be rezoning this area to RS-7200 effective January 1, 1995, and that they have met all King County codes and rules for marketing these properties zoned RS-7200P. He expressed concern about the ability to sell lots of 20, 000 sq. ft. , and about the slopes in the area, and urged the Council to zone the area R1-7 .2 . Larr Clements, 711 Hilltop, noted that as a contractor, he has built many of the homes in the area, and that he cleared his property based on information he received from King County that the property would be zoned for 7200 sq. ft. lots. He agreed that 20, 000 sq. ft. lots would be difficult to sell and urged the Council to zone the area R1-7 . 2 . Amy Forbis, 23306 94th Court South, President of the Wildberry Homeowners Association, noted that the lot sizes in Wildberry are approximately 9500 sq. ft. and the lot sizes in Rosemary Glen are 5 June 20, 1995 ANNEXATION approximately 13, 500 sq. ft. due to topography. ZONING She explained that the Planning Commission reports say these lots are 7200 sq. ft. She stated that the 9500 and 13 ,500 sq. ft. lots are small when topography is taken into consideration. She en- couraged the Council to affirm the recommendation of the Planning Commission. David Haywood, 9426 S. 233rd, endorsed Forbis' comments and urged the Council to approve the Planning Commission's recommendation. R. G. Minnott, 2366 filth Avenue East, Seattle, representing property owners in the area, noted that he had sent a letter to the Council re- questing R1-7. 2 zoning. He said that R1-7 . 2 would be consistent with the Growth Management Act and the Comprehensive Plan, and that the topography dictates it. John Mercer, 23401 94th Avenue South, urged the Council to adopt the minimum pos- sible zoning, due to the topography and traffic. Paul Clements, 20720 4th Avenue South, Des Moines, disagreed with comments that the steepness of the slopes is a problem, and said the property could easily be developed into 7200 sq. ft. lots. There were no further comments and ORR MOVED to continue the public hearing until the meeting of July 5th. Bennett seconded and the motion carried. WOODS MOVED that the letters from Mr. Hemboldt, Mr. Clements, Mr. Whitener and Mr. Minnott be made a part of the record. Orr seconded and the motion carried. Orr pointed out that the next meeting will be on Wednesday rather than Tuesday. CODES (OTHER BUSINESS - ITEM 4B) 1994 Editions of Uniform Building Code; Uniform Mechanical Code and Related Fee Schedules. In accordance with state law (RCW 19. 27; Title 51 WAC) , Kent and other Washington cities and counties will begin enforcement of the 1994 editions of the Uniform Building Code and the Uniform Mechanical Code (with statewide amend- ments) on June 30, 1995. The codes replace and supersede the previous (1991) editions and will be applicable to permit applications filed on or after June 30th. 6 June 20, 1995 CODES These new editions contain updated schedules of fees for permits and plan review. The schedules increase fees approximately 40 percent above pre- vious schedules. This increase approximately equals the increase in the Consumer Price Index since fees were last increased, with adoption of the 1985 code editions' schedules (June 1986) . This matter was discussed at the Operations Committee meeting of June 19th, and adoption was recommended. ORR MOVED to adopt Ordinance No. 3234 amending the Kent City Code relating to the 1994 Editions of the Uniform Building Code and the Uniform Mechanical Code. Woods seconded and the motion carried. ORR MOVED to adopt Resolution No. 1434 adopting the fees for permits under the Uniform Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code and the Uniform Fire Code. Mann seconded and the motion carried. BUSINESS (CONTINUED COMMUNICATIONS - ITEM 6A) LICENSE Business License - Sg! os. Richard Curtain, 23829 102nd Avenue SE, voiced concern about the Mayor's recent comments regarding the application for a business license for a tavern. He said he assumes the Mayor' s intentions were good, but that appearances do not reflect that. He said that while he appreciates Mr. Mann' s honesty and the strength of his convictions, some of the comments made disturb him. He explained that his morals as a gay man are the same morals as heterosexuals. He noted that he is not aware of any rapes or fights in a gay bar, and that particular groups of people cannot be classified with any single morality, especially based on a characteristic as broad as sexual orientation. He said this type of talk is divisive and expressed hope that the hate speech resolution being prepared will contain the issue of sexual orientation. He urged the Mayor to withdraw his opposition to this tavern, and urged the Council to establish a policy stating that future discussions about taverns and busi- nesses in Kent will be handled uniformly. He urged the Mayor to meet with the owners of the tavern in question. Aada Burchard spoke in sup- port of the tavern, saying that there are not too many taverns already. She said this tavern would meet the needs of the gays and lesbians in the community, and that it would produce revenue. 7 June 20, 1995 BUSINESS Evelyn Nickels, partner of the applicant for LICENSE Sapphos, thanked Mann for the strength of his convictions, and said that the last line of the Pledge of Allegiance, as recited at the beginning of this meeting, says "liberty and justice for all" . She said this means no select group gets privileged over another. She noted that this is a downtown commercial enterprise, and the purpose of the district is to encourage and promote higher density development including restaurants, food related shops and taverns. She noted that they meet those requirements and said both sides of the story should be heard. She expressed concern that they were not consulted. She said that a Western business with dancing, food, wine and beer was recently approved. Randy Johnson, 13350 SE 232 Place, asked that any decision not be made upon orientation, because that is not fair, and added that the patrons of the bar will produce revenue. Jeff Mclean, 6221 237th South, Apt. Q102 , spoke against the tavern because people should not drink. Tyler Page, 21024 132nd Avenue SE, spoke in sup- port of the tavern, and said efforts to block people from legitimate, legal and tax-paying enterprises is inconsistent with Kent`s reputation as a modern, outward oriented City. He noted that the law calls for equal accommodation, and pointed out that this business does not impose any burden on anyone other than those who wish to participate in it. Bree Walker, 14054 SE 208th Street, voiced support of the bar and said that Kent has a large gay community. She agreed that there is less vio- lence in gay bars, and that people who are opposed should visit a gay bar. She urged that all issues be considered before a decision is made. Denise Bohana, 13205 SE 260, supported the opening of the gay bar, noting that there is room in our culture for different types of people. George Wilson, 14405 SE 257 Place, spoke in opposition not only to the bar but to some of the statements made tonight. He said he is opposed to opening another bar or tavern in the downtown area, noting that many other establishments also serve alcohol. He said he appreciates the stance the Mayor has taken, and that he does not see it as a homosexual/non-homosexual issue. Dale Fruin 8 June 20, 1995 BUSINESS opposed the addition of another drinking LICENSE establishment in downtown Kent. Myrtle Lachance suggested that the City keep family values. Councilmember Mann apologized to anyone who may have been offended by his remarks in the media. He said that although he has no animosity toward anyone personally, he cannot condone the act of homosexuality and therefore cannot agree to having a gay bar in Kent. Mayor White noted that there are currently 13 licensed taverns in the City of Kent, 3 of which are downtown, and 119 establish- ments where alcohol can be purchased. He said he could not condone another tavern. He noted that he spent 35 years in the hair business, which he would not have done if sexual orientation was a problem for him. He said this issue has been blown out of proportion by the media, and that he will not be granting interviews on the subject. He added that Council may choose to do otherwise. He expressed the hope that everyone concerned with this issue will work together. Orr explained that the Council was not informed of this issue in advance, and suggested that it may be appropriate for them to look at the Downtown Plan, not only with taverns in mind, but also with other uses which may arise with the coming of the Regional Justice Center. She said she suggested to Planning Committee members Clark and Woods at their meeting today, that they form a committee or task force to look at the Plan as to the appro- priate number for any type of development. She said she will attempt to firm up these plans in the next two weeks. Mayor White stated that today he had asked the Planning Commission to reopen the Downtown Plan in regard to drive-through possi- bilities for new banks and any other subjects they wish to address. Orr said she would prefer that this issue not go through the Planning Commission, noting that at least two members of the Commission are running for political office, and she does not want this to become a political issue. She felt an independent group involving the Chamber of Commerce, the Downtown Partnership, business owners, and residents of the downtown area would be better. 9 June 20, 1995 COUNCIL (CONSENT CALENDAR - ITEM 3K) Council Absences. APPROVAL of requests from Councilmembers Clark and Houser for excused absences from City Council meetings. Councilmember Christi Houser has requested an excused absence from the June 20, 1995 City Council meeting. She will be out of town and unable to attend. Councilmember Tim Clark has requested an excused absence from the July 5, 1995 City Council meeting. He will be out of town and unable to attend. (CONSENT CALENDAR - ITEM 3M) (ADDED BY COUNCIL PRESIDENT WOODS) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmember Johnson, who cannot be in attendance. PARKS (CONSENT CALENDAR - ITEM 3I) Surplus of City-Owned Houses. AUTHORIZATION for the Parks Department to declare the following City-owned houses surplus, in order to advertise them to the highest bidder(s) : 24623 Russell Road (Riverbend Golf Course Driving Range) ; 8121 South 259th (Corrections Facility) ; 24615 26th Place South (Parkside Wetlands) ; and 11459 SE 266th (Public Works) . (CONSENT CALENDAR - ITEM 3J) Director of Golf. AUTHORIZATION to appoint Brett Wilkinson as Director of Golf at the Riverbend Golf Complex, per recommendation from John Hodgson and Jim Stone, S.S.M.D. (OTHER BUSINESS - ITEM 4A) Performing Arts Center Final Report. The Mayor's Blue Ribbon Committee, which was formed to re- search the viability of a Performing Arts Center in the City of Kent, requests acceptance of the Consultant' s Final Report and continuation of the Committee. WOODS MOVED to accept the Consultant's Final Report and to authorize the continuation of the Mayor' s Blue Ribbon Committee for the Performing Arts Center. 10 June 20, 1995 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 31 and paid on May 31, 1995 after auditing by the Operations Committee on June 19, 1995. The Operations Committee meeting of June 14, 1995 was cancelled. Approval of checks issued for vouchers: Date Check Numbers Amount 5/31/95 155558-156251 $1,749 ,548.21 Approval of checks issued for payroll for May 16 through May 31, 1995 and paid on June 5, 1995: Date Check Numbers Amount 6/5/95 Checks 203520-203917 $270, 690. 68 Advices 24717-25103 478 , 796.84 $749,487 . 52 REPORTS Administrative Reports. Operations Director McFall announced that the next City Council meeting will be held on WEDNESDAY, July 5th, rather than on the first Tuesday of the month, due to the holiday. ADJOURNMENT The meeting adjourned at 8:25 p.m. /'W4 Brenda Jacober, CMC City Clerk 11