HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/17/1997 Kent, Washington
June 17, 1997
Regular meeting of the Kent City Council was called to order at
7: 00 p.m. by Mayor White. Present: Councilmembers Bennett,
Clark, Epperly, Houser, Johnson, Orr and Woods, Operations
Director/Chief of Staff McFall, City Attorney Lubovich, Police
Chief Crawford, Public Works Director Wickstrom, Planning
Director Harris, Parks Director Hodgson, and Finance Director
Miller. Approximately 10 people were at the meeting.
PUBLIC Introduction of Mayor's Appointee. Mayor White
COMMUNICATIONS announced receipt of a letter from Representative
Eric Robertson, his appointee to the Drinking
Driver Task Force, stating that he is honored to
serve but cannot be in attendance at tonight' s
meeting.
Asia Pacific Trade Development Trip. Barbara
Ivanov of the Kent Chamber of Commerce dis-
tributed a report on the 1997 Asia Pacific Trade
Exchange and showed photos of the recent trip.
She explained that the goal is to expand markets
for small and medium sized companies in the Kent
area. She stated that the trip was very suc-
cessful, and noted that they had visited Korea
for the first time on this trip.
Ivanov noted that up to 30 companies from
Kaohsiung, Taiwan will attend Food World 197 in
the fall. She thanked Council President Houser,
Mayor White and Councilmembers for their leader-
ship, noting that Kent is one of the few cities
which has a business/education program.
CONSENT HOUSER MOVED that Consent Calendar Items A
CALENDAR through U be approved. Woods seconded and the
motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. Approval of the minutes of
the regular Council meeting of June 3 , 1997 .
HEALTH & (CONSENT CALENDAR - ITEM 3H)
SANITATION Toysmith. ACCEPT the bill of sale for Toysmith
submitted by East Valley 34 L.L.C. for continuous
operation and maintenance of 258 feet of water-
mains, 793 feet of street improvements, 515 feet
of storm sewers and release of bonds after the
expiration period, as recommended by the Public
Works Director. The project is located at 18915
East Valley Highway.
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Kent City Council Minutes June 17, 1997
HEALTH & (CONSENT CALENDAR - ITEM 3I)
SANITATION Byrne North Short Plat. ACCEPT the bill of sale
for Byrne North Short Plat submitted by Thomas J.
& Mary P. Byrne for continuous operation and
maintenance of 238 feet of street improvements
and release of bonds after the expiration period,
as recommended by the Public Works Director. The
project is located at 94th Avenue South & South
241st Street.
(CONSENT CALENDAR - ITEM 3J)
Cedar Greens Short Plat. ACCEPT the bill of sale
for Cedar Greens Short Plat submitted by Mark
Thompson and Margaret Thompson for continuous
operation and maintenance of 233 feet of sanitary
sewer improvements and release of bonds after the
expiration period, as recommended by the Public
Works Director. The project is located at SE
244th Street & lllth Ave. S.E.
STREETS (CONSENT CALENDAR - ITEM 3E)
S.E. 256th Street ImRrovement Project.
AUTHORIZATION for the Public Works Department to
receipt all related funds as lead agency into the
S.E. 256th Street Project Fund (R77) along with
authorization to spend same, as recommended by
the Public Works Committee.
With the completion of the Meridian Annexation,
the City has inherited the County's SE 256th
Street Improvement Project from 116th Avenue S.E.
to 135th Avenue S.E. This project has an out-
standing TIB Grant in the amount of $2 , 400, 000.
As lead agency for this project, the City will
receive these grant funds.
(BIDS - ITEM 5C)
LID 348• 64th Avenue South Street Improvements
S. 226 - S. 216. The bid opening for this
project was held on June llth with six bids
received. The low bid was submitted by Gary
Merlino Construction in the amount of
$1,249,224 .44 . The Engineer's estimate was
$1, 423,942 .47. The project consists of the
construction of approximately 2 ,850 feet of new
roadway between S. 226th & S. 216th Streets.
The Public Works Director recommends award of the
contract to Gary Merlino Construction.
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Kent City Council Minutes June 17, 1997
STREETS CLARK MOVED that the LID 348 - 64th Avenue S.
Street Improvements contract be awarded to Gary
Merlino Construction for the bid amount of
$1, 249,224.44. Woods seconded and the motion
carried.
TRAFFIC (CONSENT CALENDAR - ITEM 3G)
CONTROL LID 347 Meeker/Russell Traffic Signal Final
Assessment Roll. SET July 15th as the Public
Hearing date to adopt the ordinance establishing
the Final Assessment Roll for LID 347, as recom-
mended by the Public Works Committee.
(CONSENT CALENDAR - ITEM 3P)
springwood Park Parking Restrictions. ADOPTION
of Ordinance No. 3352 amending Section 9 . 38. 045
of the Kent City Code to establish a no parking
zone between 10: 00 p.m. and 6: 00 a.m. on the
north and south sides of 274th Street, between
128th Place SE and the Springwood Park entrance,
as recommended by the Parks Committee on June 3 ,
1997.
WATER (CONSENT CALENDAR - ITEM 3F)
Kent Springs Transmission Main customer Removal
Water Mains. AUTHORIZATION for the Mayor to sign
the Water District 111 Reimbursement Agreement to
reimburse the City approximately $56, 847. 13 for
their share of the cost to construct a replace-
ment watermain for the terminated customers for
the Kent Springs Transmission Main, as recom-
mended by the Public Works Committee.
(CONSENT CALENDAR - ITEM 3K)
Guiberson Reservoir Sealing Project. ACCEPT the
Guiberson Reservoir Joint Sealing project as
complete and release retainage to Diamaco, Inc.
upon standard releases from the state, and
release of any liens, as recommended by the
Public Works Director. The original contract
amount was $31, 648. 50. The final construction
cost was $35, 267. 85.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3C)
Green River Natural Resource Enhancement Area
Wetlands/Landscaping Project. AUTHORIZATION to
transfer $394, 594 from the Unencumbered Sewerage
Fund to the Valley Detention Project Fund (D36)
and to transfer $609, 292 from the Garrison Creek
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Kent City Council Minutes June 17, 1997
PUBLIC WORKS Flood & Erosion Control Project Fund (D37) the
Valley Detention Project Fund (D36) along with
establishing the budget for same and including
the authorization to spend said funds, as recom-
mended by the Public Works Committee. Upon
review of the project budget after bids were
recently opened, it was found that these
financial issues needed to be addressed.
(CONSENT CALENDAR - ITEM 3D)
Mill Creek Erosion Control Project Fund.
AUTHORIZATION to transfer $1, 500, 000 from the
Unencumbered Sewerage Fund to the Mill Creek
Project Fund (D18) and to spend same as
originally intended, as recommended by the
Public Works Committee.
The Mill Creek Project Fund was established to
reconstruct various constricting culverts along
Mill "Creek to relieve extensive flooding. Upon
reviewing the budget therefore, a discrepancy was
discovered which needs to be corrected.
(BIDS - ITEM 5A)
One Cube Van with Mounted Pipeline Video
Inspection System. The bid opening for this
equipment was held on May 27th with three bids
received. The lowest bid received from
Ben-K-Matic for $104, 157. 65 did not include the
586 Computer Accessories listed in the bid
package. It was listed as an option for $4, 900,
making this the second low bid at $109, 057 . The
lowest bid that met all specifications was North
American Crane at $107 , 562 . 07.
The Public Works Director recommends award of the
contract to North American Crane.
CLARK MOVED that the One Cube Van with Mounted
Pipeline Video Inspection System Equipment con-
tract be awarded to North American Crane for the
bid amount of $107, 562 . 07 . Woods seconded and
the motion carried.
(BIDS - ITEM 5B)
Green River Natural Resources Enhancement Area
Wetlands/Upland Planting. The bid opening for
this project was held on May 28th with three bids
received. The low bid was submitted by Paul
Brothers, Inc. of Boring, Oregon in the amount of
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Kent City Council Minutes June 17, 1997
PUBLIC WORKS $663, 312 . 51. The Engineer's estimate was
$581, 010. The project consists of establishing
45 acres of wetlands, grassland, shrublands and
forest within the project area.
The Public Works Director recommends award of the
contract to Paul Brothers, Inc.
CLARK MOVED that the Green River Natural Resource
Enhancement Area Wetland Landscaping contract be
awarded to Paul Brothers, Inc. for the bid amount
of $663, 312 .51. Houser seconded and the motion
carried.
TELECOMMUNI- (CONSENT CALENDAR - ITEM 3Q)
CATION Wireless Telecommunications Facilities ordinance.
FACILITIES SET July 1, 1997, as the date for a public hear-
ing on a Wireless Telecommunications Facilities
Ordinance.
(CONSENT CALENDAR - ITEM 3R)
Wireless Telecommunications Facilities Moratorium
Extension. SET July 1, 1997, as the date for a
public hearing on extension of the moratorium on
wireless telecommunications facilities.
CURFEW (OTHER BUSINESS - ITEM 4A)
(ADDED BY MAYOR WHITE)
Curfew Update. City Attorney Lubovich noted that
on June 2, 1997, the Washington Court of Appeals
invalidated Bellingham's curfew ordinance, and
that after a review of Kent's curfew ordinance he
recommended to the Police Department that the
ordinance not be enforced. He explained that
early in 1994 a citizens group asked the city to
consider adopting a curfew ordinance, that an
ordinance was prepared, and that Council chose
not to adopt the ordinance due to enforceability
issues. He noted that an initiative petition was
then circulated by a citizens group and that in
April 1995 the voters approved and adopted the
initiative petition curfew ordinance by a 70%
margin. He stated that Kent's is the only curfew
ordinance in the state which was adopted by
initiative petition, and noted that it may only
be amended or repealed by the voters. He
explained that the curfew ordinance was not
drafted by city staff, and it did not go through
a significant hearing process with the Council.
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Kent City Council Minutes June 17, 1997
CURFEW He said he had concerns when the ordinance was
adopted and advised the Police Department on
enforcement, and that they have been enforcing it
cautiously. He stated that he was more concerned
about enforceability after the Bellingham case.
Lubovich noted that there is very little case law
in the state on curfews, and that the last case
before Bellingham's was in 1973 in Seattle.
He said the State Supreme Court invalidated
Seattle's ordinance, and that case said that
curfews must be specific in curing a demonstrated
social evil, that they must be narrowly tailored
to the activity being regulated. He said the
Bellingham case held that juveniles have the same
fundamental right to be outside at night as
adults, although there can be some minor restric-
tions on those rights. He pointed out that
Bellingham attempted to deal with the narrowly
tailoring issue by narrowing their area of curfew
to their central business district, as that was
the problem area. The Court said there is
evidence that there is a juvenile criminal pro-
blem in the central business district, but that
there are more juveniles conducting innocent
activities than juveniles conducting criminal
activity and therefore it was not tailored enough
to the activity they are regulating. He said
that the Court also held that there was no
exemption for First Amendment freedom of
expression activities, and that Kent's current
ordinance does not have an exemption.
Lubovich stated that the court felt the
Bellingham ordinance did not make clear what
exempt activities were authorized. He said
Kent's ordinance is more specific but it is
questionable as to whether or not it is clear
enough in that area.
Lubovich then explained a case on the Federal
level, in which in 1993 the 5th Circuit Court
of Appeals upheld the Dallas, Texas, curfew
ordinance, and the United States Supreme Court
denied review of that case on appeal. He said
that last week San Diego's ordinance was invali-
dated by the 9th Circuit Court of Appeals, and
noted that although that ordinance was adopted in
1947 , the City Council reaffirmed the curfew and
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Kent City Council Minutes June 17, 1997
CURFEW started enforcing it. He pointed out that the
two different Circuit Courts in two different
districts in the Federal system had two different
opinions. Lubovich said that most recent curfews
enacted in the state have been based on the
Dallas ordinance, since it was upheld.
Lubovich outlined four alternatives for the
current ordinance, as follows: 1) enforce it as
is, 2) leave it on the books and not enforce it,
3) ask voters to repeal it, or 4) submit a new
ordinance to voters to repeal the current ordi-
nance and adopt a new ordinance.
Upon Epperly's question, Lubovich explained that
it would be difficult to write a referendum to
make changes in the current ordinance which would
hold up, and that he is drafting another ordi-
nance. He said it is a big challenge and many
issues are involved. He said one of the biggest
hurdles is developing a record of what the
history is for the ordinance, and explained that
the court looked at Bellingham' s ordinance and
said that there is enough evidence of crime in
the central business district. He said a record
of need would have to established for the purpose
of the ordinance, and noted that the initiative
petition does not have that. He reiterated that
it would be difficult but not impossible to draft
something, and that success on appeal could not
be guaranteed. Mayor White said that the issue
could be addressed again if overturned.
Epperly stated that State law is clear that
Kent's curfew cannot be changed or repealed
without a vote, and voiced concern about not
enforcing it. Lubovich said non-enforcement is
not repealing the ordinance and that the city has
discretion as to enforcement. He said enforcing
it is a greater problem than not enforcing it.
Orr clarified that it was not the City Council
who decided not to enforce the ordinance, and
asked if the curfew ordinances in other cities
are different from Kent's. Lubovich reiterated
that most of those ordinances are based on the
Dallas ordinance, which was upheld. He said he
could draft an ordinance to send back to the
voters within a month, and recommended conducting
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Kent City Council Minutes June 17, 1997
CURFEW hearings on an ordinance and submitting to the
voters an ordinance which would be effective upon
voter passage which would repeal the current code
and enact the new code. He said it could be
tailored based on testimony, and that there are
things missing from the current ordinance which
could be added. McFall said that this could be
done at the September primary if Council acts
before August 1st.
Orr asked about the lack of a record and Lubovich
pointed out that in the San Diego case it was
noted that the case was lacking somewhat on
juvenile statistics but that there was enough
other evidence of crime problems at night that it
would be a protection issue for the juveniles.
He said if there is no record showing a basis for
having a curfew ordinance, it could be an issue
on a challenge. Orr said that something needs to
be done about getting statistics or a record, and
noted that having a curfew can keep kids safe by
keeping them off the streets and away from people
who may harm them. She added that this could be
a liability concern, and said that statistics
regarding criminal activity at night are
important.
Houser agreed that she would like to see crime
statistics, and noted that this is for pro-
tection, not punishment. She felt the Legal
staff could draft something which would be
acceptable to the courts and citizens. She noted
that the time line may be short for the September
primary, but liked the idea of public hearings.
Lubovich reiterated that it was his internal
recommendation not to enforce the ordinance, not
a mandate by the Council or Mayor' s Office.
Bennett noted that two Federal courts had taken
two different actions, and suggested finding out
why the 1947 San Diego ordinance was invalidated
and patterning an ordinance after the Dallas
ordinance. Lubovich opined that the Dallas
ordinance was better and said his concern is
between the Dallas and the Bellingham cases. He
pointed out that the Washington Court of Appeals
was interpreting Federal law, that they referred
to the Dallas ordinance and still invalidated the
Bellingham ordinance.
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Kent City Council Minutes June 17, 1997
CURFEW Woods noted that when this issue came to the
Council she did not support the ordinance, but
that when something comes back from the
Attorney's Office, she will support putting it
on the ballot in September. She noted that this
dilemma may not be solved this time, that it may
be revisited several times until a concise deci-
sion is reached through courts throughout the
United States. She said this is an issue of
rights. She encouraged the Legal staff to
proceed rapidly to bring this back as soon as
possible. Epperly stated that she was part of
the citizens group which brought the initiative
before the people, and that she feels strongly
that it is the people' s law. She said she would
like a referendum written and changes made, and
felt the current ordinance should be enforced.
WOODS MOVED that the City Attorney proceed with
all due dispatch and come back to Council as soon
as possible with a recommendation which can be
discussed and which hearings can be held on, and
to make the deadline to bring it to the voters on
the September primary date. Houser seconded.
Bennett said that, as Chair of the Public Safety
Committee, he would allow this issue to come back
to Council rather than go to the Committee. Orr
agreed.
Epperly clarified that Council is asking the
Attorney to make changes in the current ordi-
nance, and to bring that before the people at
which time it would repeal the past ordinance and
put the new one in place. She added that if the
people vote no, the original ordinance would
stand and the curfew would not be taken away.
Lubovich suggested drafting an ordinance
repealing the current law and adopting a new
chapter effective only upon approval by the
voters.
Orr said one reason she originally supported this
going to the voters was that there were concerns
about enforcement and the courts, but that since
she had lobbied the Council to get the initiative
and referendum process for citizens years ago,
she feels it is important in this instance for
the voters to have their say. She asked whether
the fact that the citizens asked for this carries
any weight with the court. Lubovich opined that
the court would look at it based on the text and
not on how it was adopted.
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Kent City Council Minutes June 17, 1997
CURFEW Mayor White asked whether the Council wished to
set the first public hearing for July 1st.
Lubovich said a draft ordinance could be ready
for review at that time and that changes could be
made if the hearing indicates such a need.
Council agreed and Woods, motion carried.
Mayor White thanked the Council for their support
on this issue.
COUNCIL (CONSENT CALENDAR - ITEM 3S)
Council Absence. APPROVAL of Councilmember Tim
Clark's request for an excused absence from the
July 1, 1997 Council meeting.
(CONSENT CALENDAR - ITEM 3T)
Council Absence. APPROVAL of Councilmember Judy
Woods' request for an excused absence from the
July 1, 1997 Council meeting.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3U)
Drinking Driver Task Force CONFIRMATION of the
Mayor' s appointment of Representative Eric
Robertson to serve as a member of the Kent
Drinking Driver Task Force. As a member of the
State House of Representatives, Rep. Robertson
serves on the House Transportation Committee and
also the Law and Justice Committee. He is
currently finishing up his third year as a
representative. Additionally, he continues to
work for the Washington State Patrol. He has
been with that organization for more than 12
years and worked as a highway patrolman for much
of the time. He is currently working as a detec-
tive in Internal Affairs.
Rep. Robertson will replace Senator Adam Smith,
whose term expired. Rep. Robertson's term will
continue until 1/1/2000.
PARKS & (CONSENT CALENDAR - ITEM 3L)
RECREATION Kent Rotary Foundation Donation. ACCEPT the
Rotary Club Foundation donation from the
Escapades Auction and amend the Adopt-A-Park
budget in the amount of $1,255.50, as approved by
the Parks Committee on June 3 , 1997 .
(CONSENT CALENDAR - ITEM 3M)
March for Parks Donation. ACCEPT and amend the
Adopt-A-Park budget for the $1,818 collected at
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Kent City Council Minutes June 17, 1997
PARKS & the March-for-Parks event, as approved by the
RECREATION Parks Committee on June 3, 1997 . Funds will be
dedicated to purchase play equipment for Meridian
Glen Park.
(CONSENT CALENDAR - ITEM 3N)
Urban Forestry Grant. ACCEPT the Urban Forestry
Grant by forwarding the grant agreements to Mayor
White for signature, and establish a budget in
the amount of $3, 000 for the City of Kent park
and street tree inventory, as approved by the
Parks Committee on June 3, 1997 .
(CONSENT CALENDAR - ITEM 30)
Washington State Historical Society Grant.
ACCEPT the Washington State Historical Society
Capital Projects Grant and amend the Neely Soames
Home Restoration budget in the amount of
$75, 602 . 34, as approved by the Parks Committee
on June 3 , 1997 .
(BIDS - ITEM 5D)
Kiwanis Tot Lot #4. The bid opening was held on
June 10, 1997, with three bids received. Two
bids were non-responsive. Parkwood Services was
declared the low, responsive bidder, with a base
bid of $99, 288. Staff recommends adding
Alternates 2, 3, and 6, for a total project cost
of $106, 911. 07 .
The Engineer' s estimate including Alternates 2,
3 , and 6, totals $110, 211. 64 .
EPPERLY MOVED to enter into an agreement with
Parkwood Services in the amount of $106,911. 07,
which includes Alternates 2 , 3 , and 6, for the
renovation of Kiwanis Tot Lot #4 . Woods seconded
and the motion carried.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. No checks were approved
because of committee schedule changes.
Approval of checks issued for payroll for May 16
through May 31, 1997 and paid on June 5, 1997 :
Date Check Numbers Amount
6/5/97 Checks 220071-220413 $ 246,864. 36
6/5/97 Advices 46443-46920 639 ,215.74
$ 886, 080. 10
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Kent City Council Minutes June 17, 1997
REPORTS Public Works Committee. Clark noted that the
Committee will meet on June 18, 1997 .
Planning Committee. Orr noted that the Committee
will meet at 4: 00 p.m. on July 15, 1997 .
ADJOURNMENT The meeting adjourned at 7 : 45 p.m.
tti; Ci
Brenda Jacpb r, CMC
City Clerk
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