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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/05/1999 Kent, Washington October 5, 1999 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem Orr. Present : Councilmembers Amodt, Brother, Epperly, Woods and Yingling, Operations Director/Chief of Staff McFall , City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom and Parks Director Hodgson. Approximately 50 people were at the meeting. CHANGES TO The City Attorney noted that the closing of S . THE AGENDA 256th Street at 29th was discussed yesterday by the Public Works and Planning Committee, and the issue was added to the agenda as Other Business Item 7D. The City Attorney noted a typographical error in Consent Calendar Item 6C regarding the date of the public hearing on the budget and said the correct date is October 19, 1999 . PUBLIC Youth Service Club Ball Fields Presentation. COMMUNICATIONS Parks Director Hodgson noted that the Parks Department has been working with all the service clubs in Kent on a facility with ball fields for youth. He showed a video which explained the pro- ject and noted that each service club for each field will provide either $35, 000 in cash or in goods and services toward the development of that park. Baseballs signed by their members were presented to Mayor Pro Tem Orr by a representative of each club. Hodgson noted the dedication is planned for April 2 , 2003 . Bags of peanuts were distributed by Rick the Peanut Man, and Mayor Pro Tem Orr expressed thanks to all . Employee of the Month. Mayor Pro Tem Orr announced that Barbara Hill, Project Coordinator in Public Works Engineering Construction, has been selected as October Employee of the Month. She noted that Ms . Hill was instrumental in implement- ing the new permitting system and is an excellent customer service representative for the City. 1 Kent City Council Minutes October 5 „ 1999 PUBLIC Fire Prevention Week. Mayor Pro Tem Orr read a COMMUNICATIONS proclamation noting that the Kent/District 37 Fire Department is dedicated to the preservation of life and property from the devastating effects of fire, and emphasizing the extreme importance of not only having a home escape plan but physically practicing it regularly. She proclaimed the week of October 3-9, 1999 as Fire Prevention Week in the City of Kent and encouraged residents to participate in fire prevention activities at home, work and school . Fire Chief Angelo accepted the proclamation and said fire prevention does not cost, it pays . National Mammography Day. The Mayor Pro Tem noted that this year more than 180 , 000 women in the United States will learn that they have breast cancer, that more than 400 , 000 women will lose their lives, and that mammography is recognized as the most effective method of detecting breast changes that may be cancer. She proclaimed October 15, 1999, as National Mammography Day in the City of Kent and encouraged all women to get the facts about mammography. The proclamation was presented to breast cancer survivor Margaret Porter, who noted that it has been a year since her stem cell transplant . She encouraged women to do breast self exams, and said that breast cancer is not a death sentence . A Day in Memory and Honor of Domestic Violence Victims. Mayor Pro Tem Orr noted that the Domestic Abuse Women' s Network is organizing the 2nd Annual South County Domestic Violence Rally in honor of those killed by domestic violence, those who are currently in a domestic violence situa- tion, and those who have survived this abuse in communities throughout the South County region during the last year. She proclaimed October 13 , 1999, as A Day in Memory and Honor of Domestic Violence Victims, and encouraged all citizens to take an active role in supporting all victims so they can lead healthy lives safe from violent and abusive behavior. 2 Kent City Council Minutes October 5„ 1999 CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR I , including an amendment to Item C correcting the hearing date, be approved. Epperly seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 21, 1999 . STREETS (OTHER BUSINESS - ITEM 7D) (ADDED ITEM) Closure of S. 256th Street and 29th Avenue South. Mayor Pro Tem Orr explained that this issue was discussed by the Public Works and Planning Committee on October 4th, and that the committee unanimously agreed to close the road temporarily while traffic studies are done. BROTHERTON MOVED to temporarily close 256th Street at 29th for a period not to exceed six months and to request Administration to conduct appropriate traffic studies during this time and report to the Council with its findings and recommendations . Yingling seconded. Amodt commended Epperly for her work on this issue . Juanita Bosshart, 25327 29th Avenue South, also thanked Epperly and the entire Council . Orr explained that there are notification requirements, but that the notifica- tion and the closure will take place as soon as possible. Epperly pointed out that when the apartments were built, part of the mitigation with the neighborhood was that the road would be closed and there would be no access onto the street . Brotherton' s motion then carried. STREET (CONSENT CALENDAR - ITEM 6H) VACATION 40th Street South Street Vacation. ADOPTION of Ordinance No. 3476 vacating a portion of 40th Avenue South. The City received a street vacation petition signed by various owners of property abutting the applicable portion of 40th Avenue south, an existing public street, lying generally at the 3 Kent City Council Minutes October 5„ 1999 STREET intersection of 37th Place South and 40th Place VACATION South in Kent . After a public hearing on July 6, 1999, the City Council approved the vacation so long as the petitioner first fulfilled all the conditions recommended by staff and approved by Council . The petitioner has fulfilled all of the conditions imposed. BILLBOARDS (PUBLIC HEARINGS - ITEM 5B) Billboard Moratorium Renewal. On April 20, 1999, the City Council adopted Resolution No. 1536 imposing a moratorium barring acceptance of all applications for the issuance of any building, land use, or development permit or approval for billboards . The moratorium expires at midnight, October 17, 1999 . The purpose of the proposed resolution is to renew the moratorium for an additional six months to allow Council sufficient time to thoroughly analyze all the information gathered and to consider proposed code amendments relating to billboards . The City Attorney ex- plained that the moratorium would expire prior to completion of this matter if not renewed. Mayor Pro Tem Orr declared the public hearing open. There were no comments from the public and WOODS MOVED to close the public hearing. Epperly seconded and the motion carried. BROTHERTON MOVED to adopt the findings in the proposed resolution and to pass Resolution No. 1556 renewing the moratorium relating to billboards . Woods seconded and the motion carried. ADULT RETAIL (PUBLIC HEARINGS - 5A) Adult Retail Moratorium Renewal. On November 17, 1998, the City Council adopted Resolution No. 1520 imposing a moratorium barring acceptance of all applications for the issuance of any building, land use, or development permit or approval for adult retail establishments . On April 20 , 1999, 4 Kent City Council Minutes October 5„ 1999 ADULT RETAIL City Council adopted Resolution No. 1534 renew- ing the moratorium which expires at midnight, October 29, 1999 . The purpose of the proposed resolution is to renew the moratorium for an additional six months pending consideration by the City Council of a proposed ordinance relating to adult retail establishments . Council will con- sider the proposed ordinance during tonight ' s meeting under Other Business . The City Attorney said the concern is with the sufficiency of the definition of adult retail establishments and the purpose of the regulations is to site those facilities within 1, 000 ' of churches, schools, parks, libraries and residen- tial zones . He added that the purpose of the moratorium was to study the regulations, and that those studies have been completed. He explained that if the Council adopts the proposed regula- tions tonight, the ordinance will not be in effect prior to the expiration of the moratorium on October 29 . He clarified that the moratorium would expire on the effective date of the regula- tions . The Mayor Pro Tem opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing. Epperly seconded and the motion carried. BROTHERTON MOVED to adopt the findings in the proposed resolution and to pass Resolution No. 1555 renewing the moratorium relating to adult retail establishments . Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 7B) Adult Retail Establishments. On September 27, 1999, the Land Use and Planning Board held a hearing and thereafter recommended approval of the proposed ordinance relating to adult retail establishments . The ordinance amends both the business license code (Chapter 5 . 10) and the zoning code to establish a new definition of adult 5 Kent City Council Minutes October 5„ 1999 ADULT RETAIL retail businesses which includes adult bookstores, video stores, and novelty stores . Those esta- blishments meeting the definition of an adult retail establishment must be properly licensed and zoned as such. City Attorney Lubovich explained that the main purpose of the regulations is to make sure that these facilities which have a significant impact on the community are located in the proper sites . He noted that the business license code defines a retail establishment as 20% stock in trade, and that there is a slight inconsistency in the zoning code which needs to be corrected. He said the proposed ordinance shows that this kind of facili- ty does have impacts and defines adult retail establishments in such a manner that it would survive court scrutiny. He recommended using 30% as a guideline. He noted that new definitions are found on pages 7, 8, 9, 10 and 15-19 of the proposed ordinance. Lubovich noted that if the ordinance is adopted tonight, it would go into effect in thirty days and the newly extended moratorium would expire; if the ordinance is not passed tonight, the mora- torium would continue until it expires or until further action is taken on the matter. BROTHERTON MOVED for the adoption of the findings set forth in the proposed ordinance including those relating to the referenced studies and further for the adoption of the ordinance as Ordinance No. 3475 relating to adult retail establishments . Woods seconded. Brotherton commended the City Attorney for working with local businesses to define a standard they can live with. His motion then carried. REZONE (OTHER BUSINESS - ITEM 7A) Burdic Feed Rezone RZ-99-2 . (KIVA 9900515) . The Hearing Examiner has recommended approval of an application to rezone two parcels of property from 6 Kent City Council Minutes October 5 „ 1999 REZONE DCE, Downtown Commercial Enterprise, to GC, General Commercial . The property is located in the northeast corner of Willis and Railroad Avenue and the other parcel is located in the northwest corner. Planning Manager Satterstrom explained that this would accommodate the relocation of Burdic Feed, which is being displaced by the RTA station. BROTHERTON MOVED to accept the Findings of the Hearing Examiner and to adopt the Hearing Examiner' s recommendation of approval of the Burdic Feed Rezone and to direct the City Attorney to prepare the necessary ordinance . Epperly seconded and the motion carried. CITY CODE (OTHER BUSINESS - ITEM 7C) City Code. This is the first reading of the proposed ordinance adopting the Kent City Code as compiled, edited and republished by Code Publishing Company of Seattle as the official code of the City of Kent . The City Attorney explained that the intent of republishing the code is to enhance delivery of the Code and updates to both City staff and the public, and to take advantage of upgraded tech- nology. He noted that the Code will be accessible on the internal computer system and to the public through the Municipal Research Service Center website . He added that hardbound copies are available through Code Publishing. WOODS MOVED to schedule a public hearing on re- publication of the Kent City Code for October 19, 1999 . Amodt seconded and the motion carried. Orr expressed support for this project . COUNCIL (CONSENT CALENDAR - ITEM 6D) Excused Absence. APPROVAL of Councilmember Tim Clark' s request for an excused absence from the October 5, 1999, City Council meeting, as he will be unable to attend. 7 Kent City Council Minutes October 5„ 1999 FIRE (CONSENT CALENDAR - ITEM 6I) DEPARTMENT Kina County Interlocal Agreement, Miscellaneous Structures Inspection. APPROVAL of and AUTHORIZA- TION for the Mayor to sign the Inspection Agree- ment with King County for 1999 . This agreement covers the inspection of all occupancies in Fire District #37, with the exception of single family residences and miscellaneous structures . It is in a series of continuing agreements that have been signed for the last several years . It provides a tool used by the Fire Department to alleviate serious fire hazards in the District ' s commercial buildings and is for the first inspection and one re-inspection only. Any follow up work after the first re-inspection is the responsibility of the King County Fire Marshal . The County will reim- burse the City at the rate of $100 . 00 per hour for travel, research time and inspections performed on any permit application within the City' s jurisdictional boundaries . PARKS & (CONSENT CALENDAR - ITEM 6E) RECREATION H. D. Fowler Donation. ACCEPT and APPROPRIATE $100 . 00 in irrigation materials for the Kent Memorial Park Field #1 Improvements project donated by H. D. Fowler, as recommended by the Parks Committee . (CONSENT CALENDAR - ITEM 6F) Revenue From Runsten House Purchase. ACCEPTANCE of a check from Mr. & Mrs . Runsten for $1, 300 . 00 for the purchase from the City of the City' s surplus house and authorization to deposit the funds in the East Hill Youth Sports Complex 41 budget, as recommended by the Parks Committee . In 1998, the City' s surplus house located at 14420 SE 288th Street in Kent was advertised to sell . Mr. and Mrs . Runsten were awarded the contract for their sole bid of $1, 300 . 8 Kent City Council Minutes October 5„ 1999 PARKS & (CONSENT CALENDAR - ITEM 6G) RECREATION Golf Fees Year 2000 . APPROVAL of the golf fees increase in the Year 2000, as recommended by the Parks Committee . Each year city staff, S . S .M.D. staff, and the Golf Advisory Board meet to evaluate golf fees for the upcoming year. The increases are based on evaluation of other like-facilities in the area. (BIDS - ITEM 8A) East Hill Park Expansion. The bid opening for this project was held on September 24th with 13 bids received. The low bidder was Fuji Industries, Inc . in the amount of $743 , 600 . 00 , plus Washington State Sales Tax. The Engineer' s estimate was $850, 000 . 00 . The Parks Director recommends entering into an agreement with Fuji Industries, Inc . in the amount of $743 , 600 . 00, plus WSST for the East Hill Park Expansion Project base bid and alternate #1 . WOODS MOVED that the East Hill Park Expansion project be awarded to Fuji Industries, Inc . for the bid amount of $743 , 600 . 00, plus Washington State Sales Tax. Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through August 31 and paid on August 31, 1999; and payment of bills received through September 15 and paid on September 15, after auditing by the Operations Committee on September 21, 1999 . Approval of checks issued for vouchers : Date Check Numbers Amount 8/31/99 222376-222654 $ 555 , 123 .45 8/31/99 222655-223069 $3 , 053 , 855 . 87 $3 , 608, 979 . 32 9 Kent City Council Minutes October 5„ 1999 FINANCE 9/15/99 223070-223298 $ 797, 105 . 80 9/15/99 223299-223663 $1 , 437 , 105 . 88 $2 , 234, 211 . 68 APPROVAL of checks issued for payroll of August 16 through August 31 and paid on September 3 , 1999, and checks issued for payroll of September 1 through September 15 and paid on September 20 , 1999 : Date Check Numbers Amount 9/3/99 Checks 238246-238603 $ 285, 508 . 69 9/3/99 Advices 84104-84726 $ 816 , 062 . 90 $1, 101, 571 . 59 9/20/99 Checks 238604-238936 $ 301, 916 . 69 9/20/99 Advices 84727-85310 $ 857 , 154 . 95 $1, 159, 071 . 64 BUDGET (CONSENT CALENDAR - ITEM 6C) Year 2000 Operating Budget. SET October 19, 1999, as the date for a public hearing on the Year 2000 Operating Budget . REPORTS Council President. Orr reminded Councilmembers of the Suburban Cities dinner in Enumclaw on October 13th. Operations Committee. Woods noted that the next meeting will be at 3 : 30 p.m. on October 19 . Public Safety Committee. Epperly noted that the next meeting will be at 5 : 00 p.m. on October 12 . Parks Committee. Woods noted that the next meeting will be at 4 : 30 p.m. on October 19 . EXECUTIVE At 8 : 00 p.m. , the meeting recessed to Executive SESSION Session to discuss property acquisition for approximately 15 minutes . The meeting reconvened at 8 : 14 p.m. 10 Kent City Council Minutes October 5„ 1999 Property Acquisition. WOODS MOVED to authorize the Mayor to finalize negotiations and close on the purchase of property described as Lots 5, 6 and a portion of Lots 4 , 7 and 8 of Block 2 , Ramsay' s Addition, known as the Reiman property, for $598 , 000 , subject to removal of contingencies relating to an environmental study and title review to the satisfaction of Administration. Epperly seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8 : 15 p.m. Brenda Jaco r, CMC City Clerk 11