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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/15/1997 Kent, Washington July 15, 1997 Regular meeting of the Kent City Council was called to order at 7 :00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, 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. Councilmember Johnson was excused from the meeting and Councilmember Epperly was not in attendance. Approximately 25 people were at the meeting. PUBLIC National Night Out. Mayor White read a proclama- COMMUNICATIONS tion declaring August 5, 1997, as "National Night Out" in the City of Kent. He noted that this program provides a unique opportunity for the City to join forces with other communities across the country in promoting cooperative, police- community crime and drug prevention efforts. He also noted that it is essential for all citizens to be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse. The Mayor encouraged all citizens, neighborhoods and communities to participate in the community's crime prevention efforts to more tightly weave the fabric of the community and strengthen community spirit. Officer Paul Petersen, Public Information Officer for the Police Department, accepted the proclama- tion and expressed his hope that many communities and neighborhoods in the City would join on August 5th in giving neighborhood crime and drugs a going away party. (ADDED ITEM) Kent Citizens Association. Arthur Harvey, 16619 SE 251st Street, Kent, noted that on February 7, 1997, he had formally requested copies of some documents from the City of Kent which included an EEOC Report, a current list of the number of employees working for the City with a breakdown by ethnicity and job classification, the City's Affirmative Action Plan, and a Work Force Diversity Plan with breakdown for implementation of it. He explained that most of the information has been supplied with the exception of the Affirmative Action and the Work Force Diversity Plans. He then referenced a letter from Ms. Viseth, Employee Services Director, dated February 12th which indicated that the City of 1 Kent City Council Minutes July 15, 1997 PUBLIC Kent is not under a mandate to implement any COMMUNICATIONS Affirmative Action Plan. He also noted that Ms. Viseth's letter stated that the City was in the process of reviewing the School District's Work Force Diversity Plan proposal. He noted that the Kent Citizens Association is concerned because it is their understanding that an Affirmative Action Plan was submitted to the City Administrative Office over 3 1/2 years ago, but that it has been held up in the Legal Office. Harvey noted that on May 14th he had submitted a request to the city for a list of contractors, a breakdown by ethnicity, and the award amount, but that he hasn't received the information yet. He emphasized that his request is a required public information item and that he would like to re- submit the request to the City at this time for a more readily, spontaneous time response. Mr. Harvey explained that, on behalf of the Kent Citizen's Association, he would like to get a commitment from the Mayor and City Council this evening, individually and collectively, on where they stand in regard to diversity. He noted that the Association is asking the City to move with all speed to adopt and implement a diversity plan within 90 days (by October 15) , to designate a qualified person to monitor this program, and that his organization has enough expertise in it to assist the City in this process. Samuel Tucker, 220 - 152nd Street, Seattle, noted that his concern is with the issues of diversity and affirmative action within the City of Kent. He inquired as to whether the City Council is putting forth a strong effort to form a committee to implement a policy on an Affirmative Action Plan. Joseph Drake, 13476 SE 242nd Street, Kent, noted that the whole issue of diversity should be important to the Mayor, Councilmembers, and citizens because of the demographic changes in Kent. He noted that the NAACP (National Association for the Advancement of Colored People) will be taking the lead in defending affirmative action and addressing issues of diversity because of the decline around the country in terms of people retrenching to former positions. 2 Kent City Council Minutes July 15, 1997 PUBLIC Mr. Drake noted that Councilmembers are elected COMMUNICATIONS by the people and that the people expect the Council to share the people's concerns, be accountable, and responsible. He commended Mayor White for supporting the Caddy Program, and he noted that this program at the Riverbend Golf Course is an excellent idea. He noted, however, that it's irresponsible to make suggestions or racially insensitive comments regarding patronage at the Riverbend Golf Course, and that it's been stated that Mayor White has made such comments. Mr. Drake emphasized that everyone has a right to use any publicly-owned facility in this City and that these types of issues need to be addressed in a consistent and fair manner. He stated that the Kent Citizens Association task and responsi- bility is to be the Council's conscience, to work with and remind the Council on a consistent basis of their decisions and actions, and if the actions are highly offensive, the Council will be told. Mayor White explained to Mr. Drake that the comments attributed to him regarding patronage and employment at the Riverbend Golf Complex are not true. He noted that he has never made any suggestions or racially insensitive comments toward the patronage at the Golf Course and that anyone who says otherwise is either misinformed or deliberately misleading the people. He noted that he is supportive of the usage of city-owned facilities by and employment of persons regard- less of race, ethnic background, religious, sexual orientation, physical disabilities, age or gender. He also noted that this is a policy of the City, that he supports it, that it has been reaffirmed in the City's Policy Manual, and that he will continue to implement it. The Mayor stated that it is unfortunate when individuals would make such outrageous statements either from ignorance or in an effort to harm him but, in any case, the statements are untrue. He apologized to anyone who may have been unnecessarily upset or disturbed. Councilmember Woods echoed Mayor White' s comments and expressed her appreciation to Mr. Harvey, Mr. Tucker, and Mr. Drake for their comments this evening. She noted that she agrees with almost all of the comments completely, and that the City 3 Kent City Council Minutes July 15, 1997 PUBLIC has hoped to make more progress with Affirmative COMMUNICATIONS Action. Woods, however, cautioned Mr. Drake about his comments regarding the Mayor because there is a difference between comments which were in print versus reported comments that were wit- nessed by an individual. Woods explained that she was in a room where that accusation was made about the Mayor, in his absence, and that she was troubled by the comment. She suggested to the Mayor that he never again have a conversation with the individual alone because unless it is in print, on TV, or on radio, there is the risk of breaking down our community by labeling people in an inappropriate way. She noted that because all Council meetings are televised, citizens and public officials have a responsibility to be very careful about labeling people. She noted that the Mayor and she disagree on many things, but if that comment had been made about anyone else here in public, she would have made the same defense of them. She noted that there was no documenta- tion where the Mayor had made such a comment. Orr noted that a couple of issues were made which she feels should be addressed. She requested that a committee look at what the City policy is on diversity, diversity training, and affirmative action. Operations Director McFall noted that these issues should be directed to the Operations Committee first and then the Operations Committee can present the policies, provide explanations of legal status and how it impacts the policies that the City may or may not adopt, and get Council direction from there. Mayor White announced that he will be forming a Diversity Task Force within the next two weeks and naming members to it. He asked Council to submit any names they would like to have serve on this task force. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through G 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 July 11 1997 . 4 Kent City Council Minutes July 15, 1997 HEALTH & (CONSENT CALENDAR - ITEM 3E) SANITATION Russell Short Plat. AUTHORIZATION to accept the bill of sale for Russell Short Plat submitted by Michael A. Russell & Sonja D. Russell for con- tinuous operation and maintenance of 230 feet of street improvements, 20 feet of storm sewers, and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located in the vicinity of South 222nd Street and 94th Avenue South. PLATS (OTHER BUSINESS - ITEM 4A) Pacific Terrace Final Plat FSU-96-12. This date has been set to consider the Pacific Terrace Final Plat. The plat is 4 .79 acres in size and is located at 10605, 10707 , and 10717 SE 248th Street. The preliminary plat was approved by the City Council on August 6, 1996. ORR MOVED to approve the Pacific Terrace Final Plat with 23 conditions, as recommended by staff. Houser seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) Swan Court Final Plat FSU-95-4. This date has been set to consider the Swan Court Final Plat. The plat is 4 . 57 acres in size and is located south of SE 240th Street between 112th Avenue SE and 114th Place SE, if extended. The preliminary plat was approved by the City Council on July 16, 1996. ORR MOVED to approve the Swan Court Final Plat with 25 conditions, as recommended by staff. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Country View Estates II Final Plat. This date has been set to consider the Country View Estates II Final Plat. The plat is 3 . 65 acres in size and is located at 22600 100th Avenue SE. The preliminary plat was approved by the City Council on July 16, 1996. ORR MOVED to approve the Country View Estates II Final Plat with 20 conditions, as recommended by staff. Houser seconded and the motion carried. 5 Kent city Council Minutes July 15, 1997 PUBLIC WORKS (CONSENT CALENDAR - ITEM 3D) Site Manager Position - Green River Natural Resources Enhancement Area AUTHORIZATION to create a Site Manager position for the Green River Natural Resources Enhancement Area project to be funded out of the drainage utility, as recommended by the Operations Committee. The final pay scale will be determined by Employee Services following creation of a job description. (CONSENT CALENDAR - ITEM 3F) 277th Corridor Pedestrian Bridge. ACCEPT as complete the S. 277th Corridor Pedestrian Bridge project and release of retainage to DMB Contractors upon standard releases from the State, and release of any liens, as recommended by the Public Works Director. The original contract amount was $4950843 .72 . The final Construction cost was $539, 144.58 . The overage was due to the purchase of additional required material for the project after the bid was released. Adequate funds exist within the pro- ject budget to cover this overage. (BIDS - ITEM 5A) Bowen Scarff/Mill Creek Bypass Culverts. The bid opening for this project was held on July 9th with seven bids received. The low bid was sub- mitted by R. L. Alia Company in the amount of $415, 264 . 68. The Engineer's estimate was $488, 184. 15. The project consists of building a large diameter storm drain bypass in the vicinity of the Bowen Scarff Ford dealership to alleviate a bottleneck in the Mill Creek system which has caused flooding in the past in this vicinity. It is the recommendation of the Public Works Director that upon the Public Works Department's receipt of all required permits, the Mill Creek Storm Drainage Improvements at Bowen Scarff contract be awarded to R. L. Alia Company for the bid amount of $415, 264 . 68 . CLARK MOVED that upon the Public Works Department' s receipt of all required permits, the Mill Creek Storm Drainage Improvements at Bowen Scarff contract be awarded to R.L. Alia Company for the bid amount of $415, 264 . 68. Houser seconded and the motion carried. 6 Kent City Council Minutes July 15, 1997 TRAFFIC (PUBLIC HEARINGS - ITEM 2A) CONTROL LID 347 - Final Assessment Roll. This date has been set for the Public Hearing on confirmation of the Final Assessment Roll for LID 347 - Meeker Street/Russell Road Traffic Signal. Public Works Director Wickstrom noted that LID 347 was formed in May, 1996 for the purpose of installing an 8-phase signal at the inter- section of Russell Road and to put a southbound right turn lane on Russell Road and Meeker Street along with some rework of the intersection to improve site distance. Wickstrom pointed out the LID boundaries for Council and noted that only properties that take access off of Russell Road or have frontage on Russell Road were included in the LID assessment. He explained that the total cost for the project was originally $238, 000. 00 but that the final cost actually came to $206, 746. 16 which repre- sents about a 13% reduction in cost. He noted that the amount being assessed was about 42% of the cost of the project, and that the City picked up the rest not counting the City' s assessed properties. Wickstrom explained how the pro- perties were assessed and how the assessments were distributed. He noted that the properties involved are commercial-type properties where improving access to and from the property means potential improvement to their businesses. Wickstrom explained that if Council approves an ordinance confirming the Final Assessment Roll, then any portion of the assessment can be paid up to 30 days and the remaining balance is paid over a 10-year period with interest. Clark noted that the City has a number of other projects going on which are trying to deal with the traffic flow in this area and that these projects are on a time line. He emphasized that this project is not a simplistic tier for the jam up of traffic. Wickstrom noted that over the long haul, the City is looking at a new East-West Corridor which would be the 228th Corridor connecting West Valley Highway along 228th, up to Military Road and SR 516 & I-5. He noted that this would be done over the next 10-year period. 7 Kent City Council Minutes July 15, 1997 TRAFFIC Bennett noted that with Russell Road being part CONTROL of a recreational corridor and not having any place to walk, he had hoped the City would, in the future, look into making it a more user- friendly area. Wickstrom noted for Bennett that the City recognizes this area as a problem and that they will look at including it as a part of the sidewalk improvements in the future. Mayor White opened the public hearing. There were no comments from the audience and CLARK MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to adopt Ordinance No. 3354 establishing the Final Assessment Roll for LID 347 - Meeker Street/Russell Road Traffic Signal; and to make the Public Works Director memorandum a part of the record. Houser seconded and the motion carried. PLANNING (CONSENT CALENDAR - ITEM 3C) Planning Assistant Position. AUTHORIZATION to convert the Planning Intern position (an 8-month position) in the Planning Department to a regular, full-time Planning Assistant position, with benefits, as recommended by the Operations Committee. The final pay scale level will be determined by Employee Services following creation of a job description. The Planning Department has the funding resources to pay for this position through December 21, 1997, with unused salaries, and then incorporate it into the 1998 Salaries and Benefits Schedule. CURFEW (OTHER BUSINESS - ITEM 4D) Curfew for Juveniles. This date is set for con- sideration of the proposed curfew ordinance to be submitted to the voters as a ballot proposition. The proposed ordinance would repeal the existing curfew law adopted in April 1995 by the voters pursuant to an initiative petition, and will replace the existing curfew with a new curfew law added to Title 9 of the Kent Criminal Code. Also included for further consideration is a second ordinance authorizing the placement of the curfew ordinance on the ballot at the fall primary election, if possible, or the next available election. 8 Kent City Council Minutes July 15, 1997 CURFEW City Attorney Lubovich explained that the new ordinance is the same as the existing one in that it is a curfew and parental responsibility ordi- nance. He explained that it is a violation for both the juvenile to violate the curfew and the parent to allow or aid a juvenile in violating the curfew. He recapped for the Council what the new curfew ordinance provides as follows: (1) it pertains to juveniles under 18 years of age; (2) the hours are 12 :01 a.m. to 6:00 a.m. daily; (3) it is not• a violation of the curfew if the juvenile is accompanied by a parent or guardian; (4) the juvenile is traveling to or from an official school, religious or recreational activity; (5) the juvenile is involved in an emergency; (6) the juvenile is in a motor vehicle engaged in Interstate travel; (7) the juvenile is on the side walk of his/her home or that of a neighbor; (8) the juvenile is on an errand pursuant to written instructions from a parent or guardian; (9) the juvenile is engaged in lawful employment or traveling to or from such employ- ment; (10) the juvenile is exercising 1st Amendment Rights; (11) the juvenile is lawfully in an establishment conducting appropriate business in that establishment; (12) the juvenile is going to or from the residence of another; or (13) the juvenile is legally emancipated as pro- vided by State law. Lubovich noted that a Police Officer may stop to question a juvenile and, if necessary, take him/ her into custody pursuant to State law. He noted that the Officer has a choice to take the juve- nile to an individual's home, to another location as provided by State law which includes the place of employment of the parent or guardian, or to a designated shelter if the parent or guardian cannot be located. He explained that the first violation of this ordinance is a warning, verbal or written; the second violation is a $100 civil infraction; and the third violation over a 12 month period is a $250 civil fine or infraction. Lubovich explained that the proposed ordinance would repeal the current initiative petition that was enacted or passed by the voters as Initiative Petition 101, and that it would create a new curfew law as presented this evening. He also explained that included in the Council's packet 9 Kent City Council Minutes July 15, 1997 CURFEW is the option for voters to repeal the curfew ordinance and not enact a new curfew law, per Orr's request from the last Council meeting. He noted that the ordinances had to be revised in order to include this option but that the revi- sions do not change the substantive provisions of the curfew law but just allows the option for consideration of a repeal. He noted that if this alternative is taken by Council, there would be two proposition ballots. He explained that the first proposition ballot would allow for a repeal of the current curfew law; and that the second proposition ballot would provide that if the first proposition is passed, should a new curfew law be adopted. ORR MOVED to adopt Ordinance No. 3355, which submits to the City voters two separate ballot propositions for final passage and approval, the first proposition asking whether to repeal the existing curfew law and the second proposition asking whether, if the existing curfew is re- pealed, to enact a new curfew law to the Kent City Code. Houser seconded. Orr noted that citizens who have recently been annexed to the City have commented that they didn't get to vote on the existing curfew ordi- nance and felt left out of the process. She explained that she approached the City Attorney about the possibility of allowing the new residents an opportunity to vote on this issue since the City has recently annexed approximately 22 , 000-24, 000 people. She noted that the new voters wanted an option to continue with the existing curfew, adopt a new curfew law or whether to have a curfew law at all given all the challenges out there of the expense in fighting legal battles, and especially whether the curfew is enforceable. The motion to adopt Ordinance No. 3355 then carried. Lubovich explained that since the first motion to adopt Ordinance No. 3355 has passed, he recom- mends that the Council also adopt the attached ordinance that would refer the ballot measures to King County Elections to place on the next avail- able election which is the primary and if not done in a timely manner, then place it on the general election. 10 Kent City Council Minutes July 15, 1997 CURFEW ORR MOVED to adopt Ordinance No. 3356 referring to the King County Supervisor of Elections two ballot propositions relating to repeal of the city' s existing curfew law and enactment of a new City curfew law pursuant to Ordinance No. 3355, and further authorizing the City Clerk and City Attorney to take all necessary steps to place these propositions on the Primary Election ballot, or the next available election there- after. Houser seconded and the motion carried. (OTHER BUSINESS - ITEM 4E) Juvenile Curfew and Parental Responsibility - Committes Aouoiutments. Participation in the King County Voter Pamphlet for the City's pro- posed new Curfew Ordinance requires Council appointment of two committees of up to three members each, to prepare ballot statements containing arguments "for" and "against" the Curfew Ordinance for the pamphlet. Lubovich recommended that the Mayor be authorized to make the appointments to the committees to prepare ballot statements containing arguments "for" and "against" the curfew ordinance for the voters pamphlet. He explained that the state- ments have to be completed by the end of July to get on the primary election and that delegating the Mayor to make the appointments would expedite the process. CLARK MOVED to authorize the Mayor to appoint committees of up to three members each to prepare ballot statements containing arguments "for" and "against" the curfew ballot propositions author- ized pursuant to City Ordinance Nos. 3355 and 3356 as provided by law. Orr seconded and the motion carried. Mayor White urged the Council to submit names of citizens who would like to serve on these com- mittees to his office by tomorrow or Thursday so that the process can move forward. PARKS & (OTHER BUSINESS - ITEM 4F) RECREATION Riverbend Golf Complex Management Services Evaluation Committee. The Mayor would like to submit for Council confirmation the names of seven (7) individuals who have been contacted and indicated their willingness to serve as members 11 Kent City Council Minutes July 15, 1997 PARKS & of the Riverbend Golf Complex Management Services RECREATION Evaluation Committee. He has also appointed three (3) Ex-Officio (non-voting) members. The purpose of the committee is to evaluate the proposers for the management of the Riverbend Golf Complex. The City Council voted on March 4, 1997, to create a committee to evaluate the proposers for the management and operation of the Riverbend Golf Complex and that committee would then make a recommendation to the City Council. Mayor White noted that Rev. Donovan Rivers has requested to sit in with the committees as an observer to see how the committees work. WOODS MOVED to confirm the Mayor's appointments to the Riverbend Golf Complex Evaluation Committee. Clark seconded. Houser made a friendly amendment to the motion to include the following: An addition of two posi- tions to the evaluation committee, names to be picked from the list that the Councilmembers put in and then go to the next committee that meets, either the Operations or Parks Committee, whichever committee meets first. Woods accepted Houser's friendly amendment and Clark seconded the amendment. Parks Director Hodgson explained that the City is trying to meet a July 31st interview deadline. He noted that the next Parks Committee meeting isn't until the first Tuesday in August so he needs to know if there is an Operations Committee meeting in the next week. McFall noted that there isn't one scheduled at this time but that one could be scheduled, if needed. He also noted for Houser that the two additional people added to the committee need to be available by July 31st. The motion to confirm the Mayor's appointments to the Riverbend Golf Complex Evaluation Committee, plus two additional names then carried. 12 Kent City Council Minutes July 15, 1997 COUNCIL (CONSENT CALENDAR - ITEM 3G) (ADDED BY COUNCIL PRESIDENT HOUSER) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmember Johnson. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 30 and paid on May 30, 1997, with the additional approval of payment of bills received through June 16 and paid on June 16, 1997 after auditing by the Operations Committee on July 1, 1997 . Approval of checks issued for vouchers: Date Check Numbers Amount 5/30/97 184656-184896 $ 509, 499. 66 5/30/97 184897-185273 1, 760 ,962 . 33 $2 , 270,461.99 6/16/97 185274-185537 $1, 624, 513 .66 6/16/97 185538-185924 891,758 .94 $2, 516, 272 . 60 Approval of checks issued for payroll for June 16 through June 30, 1997 and paid on July 3, 1997 : Date Check Numbers Amount 7/3/97 Checks 220750-221124 $ 266,751. 33 7/3/97 Advices 47394-47871 625 ,544.88 $ 892, 296.21 REPORTS Council President. Houser reminded the Council- members that on Monday, July 21st, at 8 : 30 a.m. there will be a meeting with Lyle Sumek held in the Council office. Public Works Committee. Clark noted that the next meeting will be held tomorrow afternoon. Planning Committee. Orr noted that the next meeting will be held on August 19th at 4 : 00 p.m. Parks Committee. Woods noted that the next official Parks Committee meeting will be held on Tuesday, August 5th. She assured the Council that the Golf Evaluation Committee will have an opportunity to make a presentation at this meet- ing and also at the full Council meeting when that issue is to be determined. 13 Kent City Council Minutes July 15, 1997 REPORTS Orr suggested to the Mayor that at the end of the meeting on Monday with Lyle Sumek perhaps some- thing could be scheduled with the Parks or Operations Committee members to address the issue of adding two additional people to the committee. It was the consensus of the Council to do so. Administrative Reyorts. McFall noted that an executive session of approximately 15 minutes has been scheduled to discuss negotiations for property acquisition. He noted that there is possible Council action anticipated. EXECUTIVE The meeting recessed to executive session at SESSION 8: 00 p.m. and reconvened at 8 :45 p.m. (Property HOUSER MOVED that the Mayor be authorized to Acquisition) execute necessary documents and agreements to accept assignment of a purchase and sale agree- ment for a parcel located at approximately SE 259th Street and South Central from Sound Ventures Inc. to purchase said property and to authorize establishment of a budget not to exceed $250, 000. 00 in the Capital Improvement Program Fund for such purchase. Woods seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:47 p.m. so� Donna Swaw Deputy City Clerk 14