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
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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.
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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
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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 .
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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